o Scanned Signature: Modifications in the existing employment contract,
reducing wages and changes in other terms and conditions are done by
employers without the consent of the Worker such as by placing the
scanned/digital signature of worker, illegally justified as the worker’s
consent. Many migrant workers are stranded at their native countries due
to lockdown and they were not able to return to Country of Employment
and in such circumstances, the Employers has misused the Scanned/Digital
Signature of workers to modify the conditions of the Employment
Contracts and for Termination of Contract also.13
o Signature on blank paper: Some employers obtain the signature of the
worker on a blank paper at the time of joining duties. This is later misused
to claim that the worker has obtained loan from the employer. Again, there
is no obligation on the part of the employer to show the proof of payment
other than the acknowledgement signed by the worker. There have been
instances where the workers are jailed or slapped with travel bans for nonpayment of the so-called loan.
9. Arrest on Arrival at Airports in Country of Employment: Certain cases involved
migrant workers that 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 pursued loans during their
stay at the COD were affected when employers stopped paying wages as banks
were unable to deduct loan instalments from workers accounts. Without
repayment, banks presented the cheques of workers and as it got bounced, police
complaints were registered against them. 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 1050 is charged at police stations).14
10. Forced into a different job: Cases also demonstrate that migrant workers were
forced to perform a different job or were victims of contract substitution with a
lower pay or different work conditions15 There are cases of migrant workers esp.
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.
11. Working without a valid visa: It is the obligation of the employer to renew visa.
However, some employers force the worker to continue working even after visa
expiry. Courts were seen to be taking a view that the worker is not eligible to claim
13
India partner
India partner
15
Philippines member
14
8