Employers Organizations and Migrant Workers

Bangladesh Employers‘ Federation
Employers
Organizations and
Migrant Workers
Farooq Ahmed
Secretary-general, BEF
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
1
http://www.ilo.org/dhaka/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
2
Structure of the presentation






Overall Situation
Outflow trends
International normative framworks
Legislative and regulatory frameworks in
South Asia
South Asian Employers and Labour
Migration
Employers Organization and Labour
Migration
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
3
Overall Situation

Trends (Source: Updated – Original in Wickramasekara 2011)
Country
Afghanistan
Outflow
(annual) *
Immigrant
Stock
(000s)
2010
Emigrant
Stock
(000s)
2010
Remittances
US$ million
1,085
5,380
12,068
Remittance
as % of GDP
(7)
2011
Migration Status
2008-10
2011
average
No Data. (Migrant workers in neighbouring as well as other countries , for eg., about 3 million in Pakistan but
largely treated as refugees - not much deliberation on their work and employment status)
Bangladesh
574,519
Bhutan
No Data
India
700,076
Maldives
No Data
Nepal
256,037
946
982
Pakistan
400,365
4,234
Sri Lanka
218,609
334
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
11
Primarily origin
Professionals seen overseas
5,436
11,358
63,011
4.2
Origin, destination and transit
4,217
21.6
Destination – professionals
seen overseas
Primarily origin
4,677
12,263
4.2
Origin, destination and transit
1847
5,193
7.2
Primarily origin
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
4
Main features of South Asian labour
migration






High movement to and concentration in the Gulf
and Middle East countries
Temporary migration of labour
Predominance of semi-skilled and low-skilled
migrant workers
Large numbers of migrant workers in informal
and irregular status within South Asia
Growing importance of female migration
Commercialization of the recruitment industry.
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
5
International Normative Framework
and Standards – Part 1

ILO fundamental conventions:

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Forced Labour Convention, 1930 (No. 29)

Abolition of Forced Labour Convention, 1957 (No. 105)

Equal Remuneration Convention, 1951 (No. 100)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Minimum Age Convention, 1973 (No. 138)

Worst Forms of Child Labour Convention, 1999 (No. 182)

ILO conventions and recommendations specific to migrant workers

ILO Convention on Migration for Employment (Revised), 1949 (No. 97)
+ Recommendation 86

ILO Convention on Migrant Workers (Supplementary Provisions), 1975 (No.143)
+ Recommendation 151

ILO Multilateral Framework on Labour Migration

UN Convention on the Protection of the Rights of All Migrant Workers and their Families, 1990
More than 80 countries have at least ratified one of the three instrument
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
International Programme on the Elimination of Child Labour
6
International Normative Framework
and Standards – Part 2
 Other conventions relevant to migrant workers
ILO Conventions on Private Employment Agencies, 1977 (No. 181)
ILO Domestic Workers Convention, 2011 (No. 189)
CEDAW General Recommendation on the Rights of Women Migrant
Workers, 2008 (No. 26)
 ILO Multilateral Framework on Labour Migration (2006)
non-binding- principles, guidelines and best practices
•
•
•
•
•
•
•
•
•
Decent work
Means for international cooperation on labour migration
Global knowledge base
Effective management of labour migration
Protection of migrant workers
Prevention/protection against abusive migration practices
Migration process
Social integration & inclusion
Migration & development
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
Emphasis on
social
dialogue and
consultation
with
employers
and workers
7
Legislative and Regulatory Frameworks in
South Asia
Country
Ministry/Govt Body
Framework/Law
Afghanistan
Ministry of Labour, Social Affairs, Martyrs
and Disabled (MoLSAMD)
No data
Labour Code of Afghanistan;
Regulation for sending Afghan workers abroad
Bangladesh
Ministry of Expatriate Welfare & Overseas
Employment (MEWOE)
India
Ministry of Indians Overseas Affairs
(MIOA)
No data
Emigration Ordinance, 1982 (No. 29 of 1982) to be replaced by (draft) Overseas
Employment and Migration Act, 2013, if passed;
Overseas Employment Policy 2006 to be replaced by the Overseas Employment
Policy 2013;
Three Rules on Emigration, Recruitment and Wage Earners Welfare Fund.
The Emigration Act, 1983;
Emigration Rules, 30 December 1983 & Emigration (Amendment) Rules, 2009.
Bhutan
Maldives
Nepal
Ministry of Labour and Transport
Management (MoLTP) Department of
Foreign Employment (DoFE); Foreign
Employment Promotion Board (FEPB)
Pakistan
Ministry of Human Resource Development;
Bureau of Emigration & Overseas
Employment; Ministry of Overseas
Pakistanis
Ministry of Foreign Employment Promotion
& Welfare (MFEW)
Sri Lanka
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Foreign Employment Act, 2007 (Act No. 26 of the year 2042) repealing Foreign
Employment Act of 1985);
The Foreign Employment Rules, 2064 (2008);
Foreign Employment Tribunal 2010;
Foreign Employment (First Amendment) Rules, 2011;
Foreign Employment Policy 2012.
Emigration Ordinance, No. 18 of 1979 (updated 2012);
Emigration Rules, 1979 (updated 2012).
Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985 (amended 1994,
1995 and 2009); National Labour Migration Policy, 2008.
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
8
South Asian Employers and Labour
Migration







Employers in the countries of origin are engaged as:
Employers of potential migrant workers – sector level
impact of labour migration
Businesses providing technical and vocational
education services
Businesses providing recruitment/employee sourcing
services
Businesses hiring returned workers
Businesses financed by remittances
Businesses owned by the former migrant workers
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
9
Employers’ Organizations and Labour
Migration

Bringing collective voice to extend scope and improve the
efficiency of labour migration governance policy and
mechanisms, and support services through:






Engagement in national development planning
Promotion of Ethical Employment through counterpart associations
Engagement in the international labour market
Collaboration for regulation of the businesses providing recruitment
services to promote transparent and accountable growth of private
sector
Participation in professional reintegration of the migrant worker
Developing code of ethics for local employers of the migrant
workers
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
International Programme on the Elimination of Child Labour
10
Employers Organizations and Regional
Integration of Labour Market
 Regional integration and trade
liberation high on SAARC agenda
No corresponding thinking or policies about
labour migration
 Common labour standards and social security
 Building a common understanding of support
needed for entrepreneurship among the
returning/returned migrant workers

http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
11
Steps Forward

A strategy planning meeting of the South Asian Employers
Organizations on ....Jan 2014


Possibly also an interface with the SAARC Secretariat
Research in South Asia (Jan-Dec 2014). Possible areas:


Economic and sector growth data in order to assess the impact
of migration on South Asia
Assessment of the impact of migrant admission and employment
policies on the labour market in South Asia

Development of a common ethical code of employment for the
employers in the South Asia (between now to 2013)
 Collaboration with a counterpart Employers Organization or
IOE (whichever is possible) to organize a training in
formalized migrant worker protection mechanisms
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
International Programme on the Elimination of Child Labour
12
Thank you for your attention !
http://www.ilo.org/dhaka/
http://www.bef.org.bd/
Promoting Decent Work through Improved Migration Policy and
its Application in Bangladesh
13

Download Report