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migration regimes are established and function. This requires moving towards foundational
principles that actively do not commodify migrant labour, address root causes of inequality and
injustice, and that is founded upon and works towards reformative rights-based migration
governance.
II.
Foundational rights of migrant labour
Based upon the four strategic pillars of the Decent Work Agenda (full and productive
employment, rights at work, social protection, and the promotion of social dialogue),
foundational rights would extend to rights to wages but also freedom of association and legal aid
for all workers. Changes to temporary labour migration regimes need to actively propagate and
promote principles espoused to deal with current issues such as wage theft and prevent future
harm
1) Rights at work: Firstly, the focus of all stakeholders in building back better in ensuring
lacunae regarding access to such rights are immediately addressed. For instance,
addressing informality (which includes exclusion from labour and social security laws; lack
of implementation or compliance with labour and social security laws; and insufficient or
inadequate levels of legal protection. (ILO, 2021)) becomes essential to addressing pressing
crises such as wage theft.
a. This would also mean extension of such rights to workers regardless of
documentation status, nature of work (formal or informal), wage bracket, sector of
work, etc. For domestic workers, for example, this may be in the form of targeting
excessive working hours among live-in domestic workers by regulating overtime
pay and compensatory rest and limiting payments in kind. (ILO, 2021)
b. Ensure labour law covers all migrant workers, particularly those in vulnerable
occupations such as domestic work, seasonal agricultural migration. Those workers
(including migrant workers) that are excluded from labour protections must be
able to use civil law rather than labour law to bring claims for unpaid wages.
(Migrant Justice Institute, 2021)
2) Full and productive employment: Secondly, few destination countries have addressed
minimum wages for migrant workers (and issues with payment in kind such as food and
stay for domestic workers). Wages are still dependent and determined by employers and
depending on type of job, the wages (or essentially the workers ‘price’) is determined along
the lines of the country of origin’s leniency and protections they have placed for their
migrant workers to be recruited. This leads to different wages for different nationalities,
although they be performing the same duties and incur same living costs. While this is a
pre-pandemic reality, moving forward and in view of the various progressive steps taken,
the consideration for a non-discriminatory minimum wage dependent on each sector or
labour force as a whole, is essential. (ILO, 2021)
3) Promotion of social dialogue: Thirdly, with respect to freedom of association, migrant
workers deserve a seat at the bargaining table, particularly in destination countries where
they are massively depended upon for low-skilled or low-wage jobs. Addressing migrant
worker concerns through collective dialogue and action also facilitates the reform process
for states, instead of ‘putting out several different fires’ as and when situations arise.
a. Migrant workers and their families are often excluded from policymaking that
deeply affects their lives. Enabling platforms to voice their requirements is essential
Disclaimer: The figures, statistics within the report are based upon the limited documentation of cases
submitted to the JFWT platform or separately to MFA. It does not intend to implicate any country,
government, industry, employer, etc.