Labor Mobility

All ASEAN Member States adopted  in 2007 the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.

The Declaration underlines ASEAN Member States’ commitments to, among others, promote decent, humane, and dignified employment, as well as prevent and curb smuggling and trafficking of persons. Indonesia and ASEAN member states are now working towards the establishment of a legally-binding instrument on the protection of all migrant workers, regardless of their employment status.

The Thai Cabinet endorsed in October 2016 the National Strategy Migrant Worker Management B.E. 2560-2564 (2017-2021), which amongst its objectives, include the management of the importation, working condition, and the return to the country of origin of migrant labor and the improvement of migrant labor standards to become in line with international standards.

The establishment of OFW Help Desks is mandated by the Migrant Workers’ Act (RA 8042 as amended by RA 10022), and is institutionalized with a Memorandum of Agreement on Convergence Program for OFWs forged by DOLE, TESDA, POEA and OWWA with the local government.

These help desks are established at the local level to attend to the problems and concerns of the OFWs and their families, and to provide information on all aspect of overseas employment.

On February 4, 2016, the Philippine Overseas Employment Administration (POEA), an agency of the Philippine Department of Labor and Employment (DOLE) which regulates activities related to Filipino migrant workers, passed Governing Board Resolution No. 4, series of 2016, which allows private recruitment agencies in the Philippines to participate in the recruitment, deployment and employment of Filipino nurses for Germany free of placement fee charges.

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 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.

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)).