Contratación ética

The use of private intermediaries has grown, but its impact on migrants’ welfare has been mixed. This is particularly true for low-skilled migrant workers, who often turn to private intermediaries for assistance with securing employment abroad. When acting ethically, private recruitment agencies play a key role in connecting employers and jobseekers, and reducing barriers to employment abroad, especially for first-time applicants. They guide migrants through the complexities of immigration regulations, provide necessary information on working and living conditions in the destination country and, most importantly, match job offers with migrants.

However, unethical recruitment practices have been identified around the world. While unethical recruitment is found across economic sectors, it is most common in the recruitment of low-skilled workers, practiced under a “worker pays” business model. Under this arrangement, recruitment fees are charged to the migrants, who may also be charged for related costs associated with travel, medical exams, and so forth. When combined with other forms of abuse – such as deception about work conditions and wage levels, limitations on freedom of movement, or confiscation and withholding of passports – unethical recruitment can expose migrant workers to significant financial losses, debt bondage and conditions of forced/compulsory labour.

A contributing factor to exploitation may be migrants’ limited knowledge of the procedures of recruitment, travel arrangements and employment conditions, giving intermediaries an advantage (Agunias, 2013). Further, cases of exploitation have been most frequent when migrant workers had only restricted access to jobs (that is, due to agreements between employers and preferred recruitment agencies) or faced strong competition (that is, due to a growing pool of applicants or administrative restrictions such as quotas). In extreme cases, migrants may become vulnerable to forced labour and trafficking in persons (see Trafficking in persons and associated forms of abuse). Migrants in certain sectors, such as domestic work and tourism, may face sexual exploitation, abuse or rape (see Risks of forced labour and trafficking in persons).

The vulnerability of migrant workers can be exacerbated by poor regulation, inconsistencies across jurisdictions and weak enforcement. Indeed, protection of and respect for migrants’ rights lie at the core of ethical recruitment. To this end, it is important to ensure policy coherence and comprehensiveness. This is best achieved by developing and implementing labour migration and recruitment policies across ministries and departments, as well as with subnational and local actors, covering all aspects of the recruitment process and all migrant workers, particularly those in vulnerable situations. In addition, strengthening regulations, licensing recruiters, and supporting inspection services, law enforcement and consular offices responsible for migrant worker protection are also crucial. All these factors promote ethical recruitment.

Migrant workers also need access to effective grievance mechanisms to be able to report abuses and fraudulent practices without fear of detention, deportation or other retaliatory measures. Recourse to legal remedies can be difficult because migrant workers are often intimidated, or lack the awareness and capacity to be able to report violations and appeal to courts. This can in part be addressed by training and orientation programmes at pre-employment, pre-departure and post-arrival phases, to notify migrant workers of their rights and responsibilities and of how to receive assistance and direct support when needed (see Alignment between pre-departure and post-arrival support for integration). This approach can be achieved through partnerships with civil society and complemented by new communications technology and social media to enhance migrant voices (see Considerations in the digital age).

The responsibility to promote ethical recruitment does not only lie with governments. Collective solutions are necessary, and require dialogue, awareness and the commitment of the private sector. Indeed, the private sector also bears the responsibility to prevent abusive and unfair recruitment, while respecting the rights of all workers, including migrants (see United Nations, 2011). Voluntary compliance initiatives, committing businesses or sectors to ethical recruitment practices, attempt to fill this gap. Increasingly, the private sector recognizes the fact that ethical recruitment yields long-term benefits across the business chain. Socially responsible enterprises have made a case for adopting good practices in recruitment, pointing out not only that it is required in compliance with national legislation and international standards, but also that it is cost effective, in terms of lower staff turnover and worker repatriation as well as higher staff morale.

In recent years, high-profile public reports have shed light on the exploitation of migrant workers in global supply chains, linking instances of abuse to consumer products. In turn, businesses are increasingly addressing gaps in corporate and supply chain policies, applying fair practices and improving migrant workers’ ability to defend their rights. By recognizing the strategic value of robust and new forms of due diligence, employers are placing the journey of the migrant worker at the centre of supply chain assessment. This strategy can assess risks for migrants at each step of the supply chain and identify possibilities for exploitation. Together with recruiters, employers can build on the work of public authorities and civil society to put into practice internationally recognized principles of ethical recruitment.