8
Recommendations
Based on the considerations outlined above, and looking at practical solutions to address wage theft
and violations against migrant workers, the following recommendations can be drawn, highlighting a
need for:
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29
The creation of an international justice mechanism (Claims Commission), sitting within the
existing international framework and supported in its work by the International Labour
Organisation and the International Organisation for Migration, in particular. The mechanism
will be dedicated to the expedited processing of wage theft claims and their compensation to
migrant workers, prioritising cases of wage theft suffered by repatriated low-wage migrant
workers. In executing its mandate, the mechanism will guarantee both documented and
undocumented migrant workers effective access to justice and an effective remedy. Migrant
workers should be able to access the mechanism independently or by assigning power of
attorney to chosen authorities, institutions, organisations or individuals.
The establishment of a wage theft justice fund (Compensation Fund), drawing resources from
businesses, philanthropic foundations, private individuals and investors as well as national
governments to support the work of the justice mechanism. The fund, operating as executive
branch of the justice mechanism, will provide the resources necessary to compensate swiftly
migrant workers who have experienced wage theft and will then recover amounts from the
employers at fault, as appropriate. The creation of a dedicated compensation fund will protect
migrant workers against the risk of not being repaid when, for instance, employers go bankrupt
or do not have the necessary means to compensate salaries and dues.
The establishment of a global solidarity fund, to support migrant workers who have suffered
wage theft but whose losses, for specific reasons, are not covered by the justice fund.
The collection of disaggregated data and evidence to be made publicly available on cases of
wage theft. The information collected will represent an invaluable resource to governments,
institutions as well as civil society organisations to give a precise dimension to a widespread
problem, monitor its evolution, and develop adequate response measures.
The strengthening of national migration and labour legislations in both countries of origin28 and
destination, making employers accountable for wage theft and the violations exercised against
both documented and undocumented migrant workers. Provisions should promote inclusive
and simple access to complaint mechanisms for migrant workers; a swifter and simplified
processing of migrant workers’ claims; the prosecution and conviction of employers and
operators in recruitment agencies who breach fair and ethical recruitment and employment
provisions; the request of a deposit worth six months of salary29 to be paid by employers upon
the application for migrant workers’ entry visas; as well as the facilitation of migrant workers’
ability to open bank accounts and transferring money whilst in the country of destination.
Labour legislation provisions should also include minimum wage protection and comply with
international labour standards, as outlined in international conventions.
It is important to remember that wage theft is experienced both by national and international migrants.
The deposit will be equivalent to six months of salary at the agreed rate upon employment.