The wage protection standards adopt a broad definition of “wages” (Article 1 of Convention No. 95 provides that “wages means remuneration or earnings”). This is important as some cases of nonpayment of wages go beyond non-payment of the baseline or minimum wage, for example, and involve non-payment of other wages (or remuneration) owed, such as overtime payments as well as end-of-service benefits. 12 Because migrant workers (particularly migrant domestic workers) are commonly excluded from social protection schemes, end-of-service benefits are often a de facto substitute for pension provision, and thus critically important to migrant workers. 13 Another important aspect of Convention No. 95, is that it provides guidance on how to consider whether a deduction is legal or not. Specifically, the Convention stipulates, “Deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award” (Art. 8(1)). This would imply that an individual agreement between an employer and worker to reduce the worker’s wages would not be compatible with the Convention. 14 It could also be argued that this is especially the case given the limitations on worker representation and collective bargaining in the Arab States. The application of Convention No. 95, in particular the effective enforcement of wage payments, requires require three main elements : (i) efficient control; (ii) appropriate sanctions; and (iii) means to redress the injury caused. 15 Another relevant aspect of Convention No. 95 during the COVID-19 pandemic relates to protection of workers’ wages following company bankruptcy (Article 11). In such a case, workers must be treated as privileged creditors with regard to any unpaid wages. A more recent standard that addresses protection of worker wages in the event of employer/enterprise insolvency is the Protection of Workers Wage Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which stipulates in Part III that payment of workers’ claims can also be guaranteed through a “guarantee institution”. 16 The ILO supervisory bodies have noted that in cases where migrant workers are deported or have to leave the country rapidly – regardless of the reasons for the departure – the government of the country of destination is responsible for ensuring that wages are paid regularly and in full and that any claims in respect of existing wage debts are promptly settled. 17 In the case of the thousands of Palestinian workers who were deported from Libya in the 1990s (most of whom were in an irregular situation), the ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) noted that the Government of Libya was still under an obligation to ensure that workers received wages owed, even if the worker did not have a work permit or a formal employment contract. 18 The Migrant Workers (Supplementary Provisions) Convention (No. 143) and the Migrant Workers Recommendation, 1975 (No. 151) guarantee equality of treatment for migrant workers, irrespective of their legal status,in respect of rights arising out of past employment as regards remuneration, social security and other benefits 19 Additionally, the worker should be able to have their interests represented before the competent body and enjoy equal treatment with national workers as regards legal assistance. 20 3. How to build back better with respect to wages of migrant workers? The principle of equality of treatment and non‑discrimination, including in the context of wages, is a fundamental principle enshrined in various Conventions. In particular, the Equal Remuneration Convention, 1951 (No. 100), (ratified by some countries in the region) 21 obliges ratifying Members to “promote [...] and ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value” (Art. 2(1)). The principle is to apply to all workers, including domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes. 22 The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), (ratified by most countries in the region) 23 prohibits “any distinction, exclusion or preference made on the basis 12 Katerine Landuyt and Najati Ghosheh. Wage Protection for Migrant Workers and COVID 19, forthcoming. 13 According to the ILO Migrant Workers Recommendation, 1975 (No. 151), “A migrant worker who leaves the country of employment should be entitled, irrespective of the legality of his [or her] stay therein, to any outstanding remuneration for work performed, including severance payments normally due” (Para. 34(1)). 14 The CEACR’s 2003 General Survey of the Reports Concerning the Protection of Wages Convention (No. 95) and the Protection of Wages Recommendation (No. 85), 1949 addresses deductions from wages at length (paras 213- 271). The CEACR has stated that “In the Committee’s opinion, provisions of national legislation which permit deductions by virtue of individual agreements or consent are not therefore compatible with Article 8, paragraph 1, of the Convention” (para. 217). 15 ILO. Protection of Wages, Standards and safeguards relating to the payment of Iabour remuneration. General Survey of the Reports Concerning the Protection of Wages Convention (No. 95) and the Protection of Wages Recommendation (No. 85), 1949, para. 368 (see also paras 368 to 474). 16 ILO, “Protection of Workers Wage Claims in Enterprise Insolvency” (2020). 17 Libya – CEACR – Observation published in 2013; See also Iraq – CEACR, observation published in 1992 and Iraq- CEACR - Observation published in 1992, Publication: 79th ILC session (1992). 18 See note 10 above. 19 Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), Art. 9(1). Recommendation No. 151, para. 34(1) stipulates that compensation should include severance payments normally due, compensation in lieu of any holiday entitlement acquired but not used, and reimbursement of any social security contributions. 20. ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), Art. 9(2) and Migrant Workers Recommendation, 1975 (No. 151), Para. 34(2). 21 Jordan, Lebanon, Saudi Arabia and the United Arab Emirates. 22 See ILO. Giving Globalization a human face. General Survey on the fundamental Conventions, Report III (Part 1B), International Labour Conference, 101st session, 2012, para. 707. 23 Bahrain, Iraq, Jordan, Kuwait, Lebanon, Qatar, Syrian Arab Republic, Saudi Arabia, the United Arab Emirates and Yemen. 3

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