Risks facing migrant workers
Risks of child labor, forced labor, and human trafficking are particularly high if suppliers use labor brokers to recruit or place migrant laborers.
Photo Credit: Matt Briney_Unsplash
Migrant workers may live in employer-provided housing or on employer-owned property, where they may be isolated from external sources of support and may not feel safe speaking openly about abuse. Employers may control access to workers’ housing, limiting the reach of outside inspectors or advocates.
Many migrant workers do not speak the language of their destination country, making it challenging for them to understand their work agreements, understand local labor laws, and communicate with managers and authorities.
Some migrant workers are dependent on their employer for their work visa. Others may work abroad without a visa or work permit. In both cases, the power imbalance between companies and workers may leave many migrants unable to fully access their rights due to fear of deportation or inability to return home.
Many migrant workers financially support family in their home countries. In many cases, jobs abroad pay significantly higher wages to migrant workers than jobs at home. This dynamic discourages workers from speaking up, filing grievances, or leaving their employer—even in cases of serious labor abuses.
Many migrant workers pay fees to recruitment agencies and brokers for placement in jobs abroad; these fees may cover costs such as travel, visa, and other recruitment formalities, in addition to unspecified “fees” that are often substantial and sometimes structured as high-interest loans.
In some countries with large populations of migrant workers, it is legally prohibited for migrant workers to form or join unions.
Migrant Forum in Asia (MFA)* is a regional network of NGOs, associations, and trade unions committed to protecting and promoting the rights and welfare of migrant workers. Their Justice for Wage Theft reports analyze cases of wage theft documented by MFA and its partners. The latest report, “Crying Out for Justice,” was published in February 2022 and includes 2,602 documented cases of wage theft across Asia in over a dozen sectors during the COVID-19 pandemic. The report found the largest proportion of cases in construction. In total, the cases described in MFA’s report reflect $19.2 million in stolen wages and dues for migrant workers from Bangladesh, India, Indonesia, Nepal, and the Philippines.
The Dhaka Principles for Migration with Dignity (Dhaka Principles) and accompanying implementation guidance were developed by the Institute for Human Rights and Business (IHRB)* and are supported by businesses, governments, trade unions, and civil society. The 10 Dhaka Principles trace a worker from recruitment through employment to the end of the employment relationship. The document provides key principles that employers and migrant recruiters should respect to sure migration with dignity. They are based on international human rights standards and the three pillars of the UN Guiding Principles on Business and Human Rights. Companies should ensure that their code of conduct and service-level agreements integrate good practice principles to reduce the vulnerabilities of migrant workers.
Companies should ensure that their code of conduct and service-level agreements integrate good practice principles to reduce the vulnerabilities of migrant workers.
Companies and civil society groups are increasingly turning to digital platforms as a tool to communicate with migrant workers. Some applications provide workers with peer-to-peer information-sharing and information regarding support services. Other common features include push notifications to workers on their rights and resources, worker surveys and feedback tools, and anonymous communication channels between workers and brands.
These applications provide companies with a method of communication with migrant workers in their supply chain but are not grievance mechanisms and therefore do not provide a means for dispute resolution. These tools can effectively supplement but are not a replacement for worker engagement (see Step 1: Engage Stakeholders).