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.
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Migrant Worker Tools and Resources
Migrant workers may be particularly vulnerable to forced labor due to:
EducationSome migrant workers have low levels of education or may be illiterate, raising risks that they may not understand their employment contract or their rights.
IsolationMigrant 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.
LanguagesMany 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.
Legal StatusSome 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.
RemittancesMany 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.
Recruitment FeesMany 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.
Prohibitions on the right to organizeIn some countries with large populations of migrant workers, it is legally prohibited for migrant workers to form or join unions.
At a minimum, companies should carefully screen migrant workers in a supply chain to identify and remediate illegal recruitment fees, assess whether workers understand the terms of their employment contracts and their rights, and ensure workers retain access to their identification documents. At the supplier level, a company can begin to assess forced labor risks by understanding whether policies on migrant worker recruitment and employment align with local labor laws and international labor standards.
Examples
in Action
Wage Theft against Migrant Workers during COVID-19
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.
Source: https://justiceforwagetheft.org/api/files/16454497686693kyxqxz1x2p.pdf
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An important policy document that focuses on vulnerable migrant workers is the Dhaka Principles for Migration with Dignity (Dhaka Principles). The 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 ensure migration with dignity. The 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. 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.
The 10 DHAKA Principles for migration with dignity
- No fees are charged to migrant workers.
- All migrant worker contracts are clear and transparent.
- Policies and procedures—including company human rights policy statements and operational policies—are inclusive and make specific references to migrant worker rights.
- No migrant workers' passports or identity documents are retained.
- Wages are paid regularly, directly to the worker, and on time.
- The right to worker representation is respected.
- Working conditions are safe and decent.
- Living conditions are safe and decent.
- Access to remedy is provided.
- Freedom to change employment is respected, and safe and timely return is guaranteed.
Examples
in Action
Ethical Recruitment Agencies
There are a growing number of migrant worker recruitment agencies that adhere to international labor standards. These companies do not charge recruitment fees and commit to a code of conduct that prohibits forced labor. Ethical recruitment agencies aim to capitalize on growing private sector demand for compliant migrant worker recruitment, which in turn reduces exploitation in the overseas labor recruitment sector.
The Global Fund to End Modern Slavery (GFEMS) has invested in several ethical recruitment start-ups, including the Fair Employment Foundation* in Hong Kong, The Ethical Recruitment Agency* (TERA) in India, and Pinkcollar* in Malaysia. In Mexico and the United States, CIERTO* describes itself as “the leading provider of responsible farm worker recruiting for growers in North America." CIERTO recruits migrant farm workers under the H-2A Temporary Agricultural program and works with third-party verifiers to monitor workers. While recruitment models vary, ethical recruitment start-ups can reduce forced labor risks among migrant workers by:
- Adhering to a code of conduct that draws on good practices from ILO, IOM, and industry groups.
- Monitoring or eliminating subagents from the recruitment process.
- Providing practical predeparture training to workers on their employment contracts, rights, and the destination country.
- Conducting worker welfare monitoring and operating independent grievance mechanisms.
- Conducting marketing activities in migrant worker communities that raise awareness of forced labor and safe migration practices.
- Engaging employers and stakeholders to build capacity related to worker rights and responsible recruitment.
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Technology to Engage Migrant Workers
Companies and civil society groups are increasingly turning to worker communication platforms as an important tool in addressing the vulnerabilities of migrant workers and improving employee engagement. These applications provide companies with direct lines of communication with migrant workers in their supply chain. Digital worker feedback platforms often offer sustainability staff real-time information on health, safety, and environment, and insight into operations that helps identify and address social compliance risks, including specific code of conduct violations and worker grievances.
Some applications provide workers with peer-to-peer information-sharing and access to support services. Other common features include push notifications to workers on their rights and resources, customizable worker surveys and feedback tools, and anonymous grievance mechanisms.
Examples of worker voice platforms that also engage migrant workers include:
- LaborLink is a mobile platform from ELEVATE* that has reached more than 3 million workers in 20 countries. LaborLink is a mobile application including a phone-based Worker Sentiment Survey and a two-way communication channel between workers, employers, and community-based organizations.
- Worker Connect is a communications platform from TechSoup.* It allows workers to anonymously share feedback with companies, provides workers with information on labor laws, and gives compliance professionals information to identify and address code of conduct risks and violations.
- Ulula* offers a customizable platform that enables real-time communication with workers in more than 100 countries, deploys surveys and alerts, integrates training and resources, and includes an anonymous reporting tool to identify problems.
- WOVO is a smartphone application from Labor Solutions* that began as a tool for factory and farm workers mainly in Southeast Asia, and now operates around the world, providing business solutions for building resilient supply chains by connecting, engaging, and educating workers. WOVO was featured in a case study of grievance mechanisms for businesses.
- The Responsible Sourcing Tool contains sample Migrant Worker Interviews and interview guidance that can be used by those developing and conducting targeted migrant and foreign contract worker interviews. Companies can also use these sample interviews to shape their own worker interview questionnaires in order to improve the ability of auditors to identify possible cases of abuse or recruiter-induced human trafficking at company, supplier, and subcontractor facilities.
Step 2: Assess Risks and Impacts
