In CODs, workers are entitled to claim compensation for
unjustified termination at certain rates based upon the
remaining duration of the contract or completed months of
service. Workers are not aware that the compensation should
be claimed through the labour court within a very short
period time from the last day of service and they invariably
lose the benefit.
Signature on
settlement
papers
12
Forced into a
different job
Compensation
for unjustified
termination
Workers may also be held to ransom by the employer and
asked to sign on the settlement paper as a condition to get
their passport. Even if the employer has only made partial
payment, the signature is obtained stating that there were
no further claims against the employer. In addition,
migrant workers were forced to sign a waiver that they
will never file a case or complaint against their employer
as an agreement for repatriation. There is no way that the
worker can claim the dues as there is no obligation on the
part of the employer to show proof of payment other than
the acknowledgment signed by the worker. This applies to
monthly wages also as there have been instances where the
signature was taken on payment voucher without actually
making the payment.
Certain cases involved migrant workers who were on their
annual leave, leaving the COD before March 2020 (prior to
lockdown) and returning after a period of six months when
flights resumed. Skilled and professional migrant workers
who had obtained loans during their stay at the COD were
affected when employers stopped paying wages as the banks
were unable to set off loan installments from workers’ bank
accounts. Without repayment, banks registered complaints
against them and travel ban was obtained. Several workers
have been arrested on such charges resulting from wage theft
and had to pay related fines (in the UAE, a fine of AED 1,050
is charged at police stations).
14
11
13
Arrest on arrival at
airports in the country
of employment
Cases also demonstrate that migrant workers were forced to
perform a different job or were victims of contract substitution
with lower pay, different work conditions, or forced to work
for the employers’ relatives. There are cases of migrant
workers especially women migrant workers who are promised a
full-time job in a company but end up working as domestic
workers. During COVID-19, domestic workers complained of
being harassed by their employers, both mentally and
physically, and more specifically, not being paid.