Bits of the petition in high gear! Ministry of gender to be sued 4 delayed justice.
Migrant workers' voice network ASSOCIATION to Drag the ministry of gender ,labour & social development and its allies Uaera to court for a deliberate deprivation of the Migrant workers' rights and inclusion as per the guidelines set by ILO
GUIDELINES.
These guidelines set our expectations on business partners to protect migrant workers’ rights and are divided into two
sections: recruitment and treatment.
A. RECRUITMENT
The recruitment process must be:
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guided by a Migrant Workers' Recruitment policy;
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paid for by the employer;
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transparent and correct about contract conditions.
1. Recruitment method.
The employer may recruit migrant workers either directly or through public or private labor recruitment agencies. When
recruiting international migrant workers, a labor recruiter (broker/agency) might be involved in both the sending country and
the receiving country.
If the employer recruits migrants, it must:
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have a Migrant Workers' recruitment policy applicable to migrants, which clearly states its commitments (Annex 1);
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be able to prove that it has carried out a due diligence process (Annex 2).
2. Recruitment fees and costs.
All costs in relation to recruitment should be paid by the employers, with the exception of administrative costs, as listed in
Annex 3 (vii).
3. Working contracts.
All migrant workers must have received, before leaving their country/region of origin and anyway before deployment, a
written contract in a language that they understand or, if they are illiterate, they must have received an explanation of the
conditions of work and salary or have had the contract read to them. The original of the contract must be given to the worker.
The employer must have copies of the original contracts signed by the workers. Substitution of contracts in any stage of the
recruitment is prohibited. No worker contract can include a clause that financially punishes the migrant for terminating a
contract before the end date. All migrant workers should have a proper visa and/or work permit, as required by law.
B. TREATMENT.
There must be no difference in treating migrant workers and other workers, with specific reference to:
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freedom of movement;
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working conditions;
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freedom of association;
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access to information.
1. Freedom of movement.
The following practices related to freedom of movement are prohibited:
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confiscation of identification documents (for instance passports and birth certificates) and valuable possession. If
safekeeping is provided, it must be voluntary, initiated by the worker and it must be possible for the workers to access
the valuables within 24 hours.
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withholding of deposits, wages or other compulsory saving schemes.
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if dormitories are provided, the use of dormitories must not be compulsory for migrants, and the access should not be
restricted at any time. The employer must have a dormitory policy (Annex 4).
2. Working conditions.
Migrant workers must not be treated differently, including but not exclusively in regard to:
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minimum wage;
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remuneration;
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hours of work;
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overtime and shifts arrangements;
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leave entitlements;
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work of young persons;
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discipline measures;
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notice for leaving and circumstances in which workers can terminate their employment without penalty, given
reasonable notice;