Navigating the Path Forward:
Recommendations for Comprehensive
Solutions to Wage Theft
Over the past year, a series of conferences and conversations have yielded crucial
outcomes and recommendations, charting a course toward addressing wage theft
comprehensively.
The Importance of Cross-border Collaboration of Lawyers [4]
Cross-border collaboration among lawyers in both countries of origin and destination is crucial in
addressing wage theft cases involving migrant workers. This collaboration enhances the
effectiveness of legal remedies and ensures a more comprehensive approach to protecting the
rights of migrant workers. In cases of wage theft, lawyers from the country of origin can provide
valuable assistance by helping workers understand their rights, navigate legal processes, and gather
necessary documentation. They can also collaborate with legal aid organizations/bar associations to
offer support services, ensuring that migrant workers have access to proper legal representation. On
the other hand, lawyers in the countries of destination play a pivotal role in pursuing legal action
against employers who committed wage theft. This may involve filing lawsuits, pursuing collective
actions, or engaging in advocacy to strengthen labor protections. Cross-border collaboration allows
for the seamless exchange of information, evidence, and legal strategies between legal
professionals in both locations. This ensures that even if a migrant worker decides to return home,
claims and cases can still be pursued. Moreover, collaboration enables lawyers to address
challenges arising from differences in legal systems, language barriers, and jurisdictional
complexities.
AREAS OF CROSS-BORDER COLLABORATION BETWEEN
LEGAL PRACTITIONERS IN BOTH COUNTRIES OF ORIGIN
AND COUNTRIES OF DESTINATION
1. Gathering of evidence
1.1 Preparation of sworn and authenticated affidavits: Legal professionals in both countries
work together to assist in the creation of detailed affidavits, ensuring they are properly
authenticated for use in legal proceedings.
1.2 Compilation of medical certificates/records: Collaborative efforts to gather
comprehensive medical evidence, including certificates and records, to substantiate claims
and support the case effectively.
[4] Session of Atty. Henry Rojas of Lawyers Beyond Borders, entitled "Sub-Regional Consultation on the role of Cross-Border
Litigation and Referral in Migrant Workers’ Rights Advocacy" during the Asia Pro Bono Conference last December 2, 2023 in
Cebu, Philippines.
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