CONCLUSIONS
Delayed and non-payment of wages has been a systemic issue in the Arab States. The COVID-19
pandemic is an opportunity to take stock of lessons learnt and to devise innovative solutions to
build back better.
Given the scarcity of available quantitative data on the extent of the problem, one important
lesson is the necessity of documenting instances of delayed, incorrect and non-payment of
wages, including end-of-service benefits, so that competent authorities in countries of origin and
destination can continue to pursue justice for workers, even after repatriation. The fact that data
on the scale of the problem remain piecemeal and hard to access, makes it challenging to build
targeted policies and solutions.
Nonetheless, some key conclusions can be drawn, particularly for countries of destination in the
Arab States, as international recruitment (particularly for migrant domestic workers) re-starts:
1. Governments in countries of destination
need to take active steps to ensure that
departing workers are provided with their
owed wages and related benefits, including
for workers in an irregular situation. ILO
Convention No. 95, which has been ratified
by several countries in the region, can
form a useful framework for ensuring the
adoption and effective implementation
of laws, policies and practices to meet
this objective for all workers, including
domestic workers. In this context, it is
noteworthy that Convention No. 95 is
meant to ensure all wages and benefits
owed are paid to workers. One way in
which governments can support payment
of wages in an expedited manner is
via a resourced government-facilitated
insurance fund, which can directly
compensate workers in case of nonpayment, and then seek reimbursement
from companies responsible, through
separate proceedings.
2. Accessible and expedited disputeresolution mechanisms are critical
to ensuring that workers who are
departing the destination country are
not denied justice. This requires urgent
action by Ministries of Labour and
Ministries of Justice in strengthening
their administrative capacity in order
to deal with the scale of the problem,
ensuring access to free translation
and interpretation, facilitating power
of attorney procedures, providing
legal aid, and encouraging workers to
come forward to register their labour
complaints. In cases where the worker
has already returned to the country of
origin, countries of destination could
consider enabling workers to still file a
claim, either by virtually completing a
power of attorney or (at least during this
unprecedented period) to temporarily
enable workers to file complaints in
destination country embassies in their
countries of origin.
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