on seconded judges, independent lawyers, legal experts, migration experts, and academia among others.
It would be desirable if sub-commissions are also set up regionally and nationally where capacities exist to
address the huge volume of emerging cases. The diverse multi-disciplinary composition of the claims subcommissions would ensure no additional stress is placed on already overburdened justice systems at the
national level.
Creating operational national-level sub-commissions will help streamline the submission and verification of
claims. As a process of due diligence, and under procedures established by the International Claims
Commission, national-level sub-commissions must evaluate claims of wage theft and other outstanding
claims covered in the Terms of Reference.
Procedures for filing claims should be affordable, simplified, publicized and made available in different
languages. Based on a review of available evidence, claims sub-commissions should be able to make
authoritative determinations as to whether rights violations did occur and determine appropriate
compensation to be dispensed by the compensation fund. Decisions by the claims sub-commissions should
be binding and expedited.
Types of Admissible Claims
Claims commissions should look into all cases of wage theft and other outstanding claims:
Non-payment of wages for work prior to the onset of the pandemic, for which it became impossible to
pursue claims due to pandemic-related lockdowns, repatriations, etc.
Non-payment of wages or reductions in wage payments for work as the pandemic and associated
economic effects started taking hold
Non-payment of other contractually owed benefits (allowances, end-of-service benefits, housing
benefits, leave benefits, unpaid overtime, medical costs, costs of travel to country of origin, etc.)
Loss of expected wages due to layoff, reduction in hours, or reduction in hourly wage
Non-payment of wages for work required in excess of what is contractually agreed
government pay the claim and then collect from the employer. IOM has significant experience administering land and property
claims programs, which while different from non-payment of wages, are highly relevant.