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advice stated that they did so from their friends and family members based at home and destination
countries. Company was the source for 19 percent returnees and co-workers for another 10 percent.
The rest 4 percent of workers stated that intermediaries at home who facilitated their migration
advised them to file such complaints. It is noteworthy that the respondents did not approach
Bangladesh mission or the recruiting agencies, who facilitated their migration.
CONCLUSION
The experiences of the returnee Bangladeshi migrants from the Gulf states in the aftermath of the
outbreak of COVID 19 has exposed the systemic weakness of the protection structure of migrant
workers in the region particularly during an emergency situation. The arbitrary action of the
employers in terminating workers in violation of the contract and without due compensation was
stark. The failure of the local administration and the limited capacity of the concerned missions to
render assistance to the aggrieved workers were evident. The policies of forcible and unplanned
repatriation have harmed the interests of the workers as many had to return to a condition of debt
bondage.
The evidence presented on the magnitude of wage theft makes a compelling case that not only a
transitional justice mechanism to deal with the wage theft is the need of the hour, but also there is an
urgent need for the structural reform of the labour migration regime to address the systemic
challenges.
POLICY RECOMMENDATIONS
Emergency Provisions in Contracts: Contracts should have provisions to deal with emergency
situations including those for ensuring compensation in cases of premature termination of
contract and clearance of all dues before the worker is repatriated. Migrant workers whose
jobs are terminated within a year of their employment and are involuntarily returned to the
country of origin should be provided with special compensation packages that should include
the opportunity to re-migrate on a priority basis to the concerned country.
Access to Employers: In emergency situation (i.e. lockdown), measures should be taken so
that the migrant workers can contact their employers.
Informed Choice by Migrants: The employers must maintain transparency so that the migrant
workers can make an informed choice in facing emergency situations.
Opportunity to Switch Employment: Kafala system must be reviewed so that migrant workers
facing termination in emergency situations enjoy the option to get an opportunity to find new
employer. Concerned embassies must get involved in that process.
Protection from Unlawful Termination and Unauthorised Documentation:
Workers should be protected from any deceitful termination and forced leave in
emergency situations. In such cases, embassies should play an active role in taking up
these cases with respective employers and if need be with the authorities.
If migrant workers are forced to sign any documents or forms that are not in their
own language and/or against their wishes, such documents should be deemed as
void. Embassies should disseminate information to discourage workers from signing
any blank sheets or documents that are not in their languages.