CHALLENGES IN DATA COLLECTION OF WAGE THEFT
With respect to wage theft, the biggest issue plaguing data collection is the complete lack
of due diligence by state institutions in maintaining updated, transparent and
verifiable/official records on migrant workers. Despite large groups of migrant workers
becoming unemployed and/or undocumented due to lockdown and ensuing financial
downturn and large-scale closure of companies, both countries of destination and
countries of origin failed to account for the myriad complications that migrant workers
would face and the scale of these issues, compounded by the lack of data on migrant
workers.
The initial period of the pandemic saw Missions struggling to account for the number
of migrant workers that required immediate assistance and were overwhelmed with
requests for repatriation and rescue, which they had not foreseen.
Countries of origin reported lack of data or possessed outdated records – this was
particularly true in the case of domestic workers. Furthermore, this data was not
transparent to CSO’s and diaspora organisations seeking to provide strategically aimed
services despite restrictions.
The lack of data also manifested in the lack of standard protocol for rescue/repatriation
to be followed – thereby confusing migrant workers, who were desperate and were
struggling for survival by that point. For instance, few Missions included wage theft
and its causes/consequences in their forms. Moreover, grassroot level workers from
Nepal report that Missions requested migrants to sign forms waiving claims and
compensation (or claiming they had none) to board their repatriation flight. This is
clear indicator of negligence by state authorities to speed up the repatriation process
at the cost of migrant workers basic labour rights.
Civil society notes that there was little cooperation between countries of destination
and origin during such extraordinary times. This was particularly observed as countries
of origin were tasked with the entire responsibility of repatriating migrants,
maintaining communication with national and private air carriers to facilitate their
processes. Not only did countries of destination fail to make concerted measures to
simplify repatriation measures, but they were also noted as placing pressure upon
countries of origin - for instance, in April 2020, the UAE government even released a
statement warning that it would “review labour ties with countries refusing to take
back citizens, including those who lost their jobs or were put on leave”, and said it was
considering “strict quotas for work visas issued to nationals of those states”. Such
statements were unwarranted, while considering that there are several ways countries
could have collaborated and shared responsibilities to improve situations.
Later, while countries of destination provided for amnesties and extension of visa
validity duration, there were also incidents of arbitrary arrests and detaining of migrant
workers from their accommodations, and a perceivable lack of monitoring and
accountability upon employers who had large-scale layoffs or reported issues of wage
theft and suspension of food and health services for their employees.
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