03/08/2020
Set up a mechanism for ensuring migrant workers wages, labour rights activists say
Being unpaid is one of the biggest issues faced by migrant workers. “Even before Covid-19, this was the biggest challenge. Workers were either
not paid fully or not paid at all. The problem has grown exponentially with the pandemic,” said William Gois, a regional coordinator for the
(/)
Migrant Forum in Asia, a regional network of migrants’ organisations. “They are abandoned by their countries of origin or destinations where
they work. It’s not about telling them that they have not done anything but what they have done in ensuring their rights are not adequate.”
Labour rights activists have demanded the establishment of transitional justice mechanisms, such as an International Claims Commission
which will address the issues of wage theft which has arisen after the pandemic.
“Many workers will be coming back without wages. The system in the country of origin was not responding to the volume of cases of wage
theft earlier,” said Gois. “We have to recognise that there is a problem and we have to call for the reform of the justice system.”
Nepali workers, who have been returning home after the government decided to bring them back in a repatriation drive, have also returned
without their salaries. A directive which was introduced to repatriate stranded workers
(https://kathmandupost.com/national/2020/07/24/implementation-of-guidelines-to-repatriate-stranded-workers-fraught-with-challenges)
at the government’s expense has addressed some issues of wage theft but some issues still remain, according to rights activists.
“The directive has at least addressed the issue of data collection on migrant workers not being paid. There should be a fast track clearance
mechanism so that they could be paid earlier,” said Shom Luitel, a lawyer who was also a member of the directive formulation team. “The two
application forms attached in the directive note whether these workers were paid. This data can be utilised for providing them with their
unpaid salaries. However, the first option should be handling their due wages in the destination country itself.”
Gois suggested that unpaid workers should be paid by the government of the labour destination in advance so that these workers would not
have to return home penniless and then wait for their salaries.
“The host nation can always claim it back from the employer. Sometimes, some philanthropist organisations can also pay workers if the
companies have financially collapsed,” said Gois. “Employers will ultimately rise back when the situation becomes normal or with the
government injection provided to cope up with the hard time, but the workers may not as they are being repatriated.”
Both the labour destination and origin countries should be made accountable for clearing the dues of the migrant workers who have often
invested a hefty amount for their overseas jobs. According to labour rights activists, Nepali missions should start registering workers’
grievances if they were not paid their wages and other perks before they are repatriated or when they land at the airport or stay in quarantine.
“Dues clearance is not only for migrant workers, but a country like Nepal, which is dependent on the remittance sent by workers, also needs to
calculate the loss of remittance if these workers are not paid,” said Gois. “This is not the money given as support by any country but the hardearned money of poor migrant workers.”
(/author/chandan-kumar-mandal)
Chandan Kumar Mandal (/author/chandan-kumar-mandal)
Chandan Kumar Mandal is the environment and migration reporter for The Kathmandu
Post, covering labour migration and governance, as well as climate change, natural
disasters, and wildlife.
Toyo Tires
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