Objective 6: Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work

Consitution Article 27(ii)

The government provides equal access to legal protection and social services to all migrants. This is guaranteed in both the constitution and statutes. Article 27(ii) of the Constitution states that every person is equal before the law and has the right to equal protection and equal benefit of the law. This equality includes the full and equal enjoyment of all rights and fundamentals freedoms for both women and men. It guarantees the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

The MOU signed by the two parties in 2013 aims to enhance cooperation on domestic worker recruitment in a way which realizes the interests of both countries and securies the rights of both workers and employers.

Under this MOU th charging or deducting from salary any cost attendant to recruitment and deployment from workers’ salaries is prohibited.

A unified, standardized contract for all migrant workers in Jordan’s garment sector was developed in 2015 and agreed upon by two apparel employer associations and Jordan’s garment union. The contract is helping to end the practice of contract substitution. Also, the contract gives migrant workers a clearer understanding of their working conditions and offers a certain amount of salary irrespective of nationality.

The Employment Agency Regulations (RACT) of 2006, as amended in 2014, regulates private recruiters in Mexico.

The Employment Agencies Act, 1973, as well as the Conduct of Employment Agencies and Employment Businesses Regulations, 1976 and 2003, are the main statutory instruments regulating employment agencies in the United Kingdom.

The Vietnam Association of Manpower Supply (VAMAS) Code of Conduct (COC-VN) was adopted in 2010, and 108 recruitment agencies signed up to commit to its principles and guidelines relating to various aspects of the recruitment process (fees, contracts, pre-departure training, dispute settlement, etc.).

In 2009, Jordan and Indonesia signed a Memorandum of Understanding (MOU) concerning domestic workers which covers not only the costs migrants incur at the pre-departure stage, but also while at the destination and even upon return.

Part VII of Kenya’s Labour Institutions Act of 2007 has provisions to regulate the activities of private employment agencies that engage in internal and cross-border recruitment. These include registration requirements, obligations on agency directors, competency requirements for employment officers, recruitment-related offences and appeals procedures.

Launched in 1994, EURES is a European cooperation network of employment services, designed to facilitate the free movement of workers. The network has always worked hard to ensure that European citizens can benefit from the same opportunities, despite language barriers, cultural differences, bureaucratic challenges, diverse employment laws and a lack of recognition of educational certificates across Europe. It has a portal network of 1,000 EURES advisors who maintain daily contact with employees and employers across Europe.

Private intermediaries are prohibited by law from requiring fees from migrant workers. The U.S. Department of Labor prohibits employers from accepting or requesting money from migrants for recruitment costs (H-2A: 20 C.F.R. § 655.135(j). H-2B: 20 C.F.R. 503.16(o)), and also requires employers to contractually forbid their labor recruiters from seeking or accepting payments from prospective employees (20 C.F.R. § 655.135(k)).