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in both countries of origin and destination. This is with particular reference to
future policy movements on reintegration efforts and recovery of wages and dues.
(Social protection is addressed under Worker Protection)
III.
Operational suggestions for policy reforms
Reform of temporary labour migration regimes and addressing seemingly persistent problems
such as wage theft, irregularity, lack of social dialogue that have arisen out of misplaced
principles and foundational bases, require concerted efforts from states to address the decent
work agenda. Below are some operational suggestions for policy reform with respect to
governance as well as return/repatriation efforts (in the context of the pandemic):
Migration Governance:
20
As bilateral agreements and Memoranda of Understanding were largely ignored
during the COVID-19 pandemic, new approaches to ensure the enforcement of
bilateral agreements, especially during times of crisis, should be adopted.
Firewalls between labour and immigration enforcement agencies for secure
reporting in labour courts, immigration status is irrelevant. (Migrant Justice Institute,
2021)
Immigration policies should be de-linked from a distinction in low- and high-skilled
categorisations. As the pandemic showed us, low-skilled workers are essential for the
survival of societies and their contribution to host societies are as important as the
contribution of high-skilled migrants and native workers.20
Contracts should have provisions to deal with emergency situations including those
for ensuring compensation in cases termination of contract, premature or otherwise,
and clearance of all dues before the worker is repatriated. Migrant workers whose
jobs are terminated within a year of their employment and are forcibly returned to
the countries of origin should be provided with special compensation packages to
facilitate their reintegration. (Abrar, Haque, & Haque, 2021)
Return and Repatriation
All dues must be cleared before repatriation. In case of inability of the employers to
clear such dues before the return of the workers, documents should be issued by the
employers that can be presented in courts for settlement. Provisions should be
made so that the embassies can make claims on behalf of the workers who are
repatriated to the countries of origin.
In case of involuntary repatriation of workers with valid contracts onus should be
upon the employers to bear the full cost of repatriation including medical test.
(Abrar, Haque, & Haque, 2021)
https://essentialforrecovery.org/
Disclaimer: The figures, statistics within the report are based upon the limited documentation of cases
submitted to the JFWT platform or separately to MFA. It does not intend to implicate any country,
government, industry, employer, etc.