Summary
Introduction
Key data sources
International instruments, initiatives and dialogues
Summary
Learning Objective
Learning objectives
  • Understand the different types of labour migration
  • Identify features of effective policies for labour migration, and stakeholders that are involved in labour migration management.
  • Discuss approaches to regulate and facilitate migrant workers’ access to national labour markets
  • Understand principles and mechanisms of ethical recruitment
Introduction
Labour migration in the context of migration management

Labour migration is defined as the movement of persons from one State to another, or within their own country of residence, for the purpose of employment. This chapter focuses on international labour migration. Employment is one of the primary drivers of contemporary migration. It can involve paid employment or self-employment, and it can occur on a temporary or longer-term basis. As many as 169 million international migrants were either employed or seeking employment in a country of destination, accounting for 62 per cent of international migrants worldwide (ILO, 2021).

In recent years, more movement related to employment has been short-term, especially in response to lowered administrative barriers to mobility in certain regions and between some countries. Many migrant workers intend to return to their origin countries after a limited period (temporary labour migration) or move back and forth between two or more countries (circular migration). As a result, labour mobility as a concept is now frequently used to reflect the dynamic and multidirectional nature of modern migration. It indicates that those who move for employment purposes may not necessarily settle in another country but may instead keep their primary place of residence in their country of origin.

Image / Video
Figure 1. Distribution of migrant workers

Source

Migration Data Portal, 2021.

The importance of managing labour migration

There are several important links between employment and migration. On the micro level, employment can be one of the primary sources of livelihood for migrants, their family members, and their communities in countries of origin, for instance, through remittances (see Migration and development). Employment also establishes favourable conditions for the integration of migrants in destination countries. However, migrant workers – especially if they lack sufficient knowledge of the living and working conditions in an unfamiliar country – may also fall prey to various forms of exploitation and abuse.

On the macro scale, labour migration can be a factor in transforming industries and creating more competitive economies. Further, migrant entrepreneurs serve an important role providing goods and services while acting as bridges between origin and destination countries. When poorly managed, labour migration can easily exacerbate tensions in the labour market of the destination country, with negative effects on both the more vulnerable categories of workers and on the development prospects of the country of origin. In contrast, well-managed migration makes the process safe and orderly for workers as well as beneficial to the community and country of destination. Managing labour migration includes not only policies relating to costs for work permits and recruitment agencies, but also policies that address ethical recruitment, employment standards, access to services, skills recognition and matching, remittances and more.

Key data sources
National sources

Some primary stock data are collected and analysed by destination countries seeking to assess the presence of migration workers, to obtain information about current developments in labour markets, and to make future projections. Currently there is no statistical definition of the term migrant worker. Different countries have various interpretations of migrant workers. As such, data collection is usually based on information available in censuses, surveys, visas, work permits and other administrative or statistical sources that incorporate a person’s country of birth, citizenship and employment record. Given the different concepts, definitions and measurement methods being used, data on migrant workers cannot be easily compared across countries.

To Go Further

The International Labour Organization (ILO) has laid out some guidelines to support countries to develop national statistics on international labour migration and to promote international comparability of these data (for example, they provide measurable definitions for concepts such as labour migration, international migrant workers and return international migrant workers).

Collecting data on migrant workers in a destination country can be difficult for several reasons. For instance, the declarations that migrants make at the border about their purpose of entry may not correspond to reality, and they may change over time. Further, certain categories of workers (such as domestic or seasonal migrant workers) are particularly difficult to track, given the high rates of unregistered employment and staff turnover. Not all migrant workers may reside in the destination country or be employed at the original location. Table 1 summarizes the strengths and shortcomings of various data sources on labour migration.

Table
Table 1. National data sources on labour migration

 

ADVANTAGES

LIMITATIONS

CENSUSES AND REGISTRIES

POPULATION CENSUSES
  • Provide a universal coverage, enabling comparison across time using standardized format
  • Carried out only every 10 years (or 5 years in a few countries)

FOREIGNER REGISTRIES
  • Provide estimates of nationals residing and working abroad, as well as foreigners residing and working in the country
  • Obligatory registration procedure subject to administrative sanction in certain countries
  • Often overestimate the stock of foreign residents and underestimate emigration because deregistration requirement is not always complied with

VISA AND PERMIT RECORDS

ADMINISTRATIVE SOURCES
  • Provide data on immigration visas, residence and work permits being issued or requested within a given period
  • Do not cover migrant workers who are exempt from work authorization or who are employed irregularly

BORDER ENTRIES
  • Track administrative entry registrations at the border, including the apprehension of people crossing the border clandestinely
  • Difficult to verify the actual purpose of entry without further inspections

TAXES AND SOCIAL SECURITY
  • Regularly monitor staffing levels and can reveal real wages and recruitment fees, as well as instances of delayed or partial payment of wages and debt bondage
  • Employer may not always provide valid data, for instance, on working time
  • Certain economic sectors are particularly difficult to monitor

HOUSEHOLD SURVEYS

OTHER STATISTICAL SOURCES
  • Supplement population censuses and tend to capture quite well the departure of migrant workers from a given locality
  • Provide data on the scale and composition of those departing as well as indications of main factors determining the propensity to leave
  • Cover other indicators including relative socioeconomic position and remittances
  • Do not capture long-term dynamics
  • Cannot predict future behaviour

LABOUR FORCE SURVEYS
  • Provide detailed quarterly and annual snapshots of the national labour market
  • Help account for categories of workers that are typically under-represented in administrative data sources
  • Large samples may be needed to fully capture migrant workers in the general population
  • Do not provide dynamic continuous tracking of the supply of migrant workers
Source

Hoffmann and Lawrence, 1994–95; United Nations Department of Economic and Social Affairs (UN DESA) Statistics Division (UNSD), 2017; Eurostat, 2018.

International sources
  • The International Labour Organization Statistics (ILOSTAT) Statistics on international labour migration is the most comprehensive online global database of labour trends, including labour migration. It provides access to data on international migrant stock, nationals abroad and international migrant flow, disaggregated by country of origin, gender, occupation and economic activity.
  • Global estimates on migrant workers is a regular publication from the ILO which provides estimates on migrant workers, disaggregated by country income group, and regions.
  • The Database on Immigrants in Organisation for Economic Cooperation and Development (OECD) and non-OECD Countries (DIOC) compiles data on migrant stocks, which includes information disaggregated by age and gender, duration of stay, occupation, labour market status (for both native- and foreign-born residents), employment sector, field of study, educational attainment and place of birth.
  • The Global Knowledge Partnership on Migration and Development (KNOMAD) and the ILO conducted two series of migration cost surveys (MCS) covering different bilateral migration corridors and surveys to track the costs migrants bear for obtaining work permits, recruitment fees and transportation fares.
  • Migration Data Portal, developed by the IOM Global Migration Data Analysis Centre (GMDAC), serves as a unique access point to timely, comprehensive migration statistics and reliable information about migration data globally. The specific page on labour migration provides a list of data sources at the regional level.
International instruments, initiatives and dialogues
International law and principles

Migrant workers are protected by core human rights instruments, which are applicable to all persons, including all migrants, regardless of their status. Based on the notion of equal treatment, migrant workers are thus entitled to eligibility for and coverage by social security equal to the eligibility and coverage of nationals of the destination country (see The right to social security and welfare).

In addition, all migrant workers and their families, regardless of their status, should enjoy protection under international labour standards established by the International Labour Organization (ILO), unless otherwise clarified (see International labour law). This includes equal access to several areas of employment (wages, benefits, paid holidays, overtime arrangements), social security, taxes and contributions, trade union membership and accommodation.

International labour standards also provide for equal opportunity and treatment of migrant workers through national policies while granting States the freedom to choose appropriate methods of applying these principles. These provisions have been implemented in diverse ways (ILO, 2016): unilaterally (through national legislation); regionally or multilaterally (through international initiatives and commitments); or bilaterally (through an agreement between origin and destination countries).

While States Parties to human rights instruments must take necessary measures not to discriminate, they are free to introduce distinctions between categories of residents “as long as they can demonstrate that such distinction pursues a legitimate aim and that the means are proportional” (Dufvenmark, 2015). Such distinction may include limitations to the right to enter the country of destination, to remain on its territory and to work, or restrictions on the employment of certain categories of non-nationals in particular positions or sectors of the economy, depending on their residence status or authorization to work.

List
Global instruments

Note: This list is not exhaustive.

Regional Instruments

Regional instruments

Note: This list is not exhaustive.

Initiatives and commitments

2030 Agenda for Sustainable Development

The 2030 Agenda for Sustainable Development views economic growth and decent work as mutually reinforcing. Two targets of the Sustainable Development Goals (SDGs) are particularly relevant to labour migration. The first, target 8.8, is relevant to labour migration because it concerns occupational safety and health, as well as the right of all workers to freedom of association and collective bargaining. The second, target 10.7, can be measured through recruitment costs and the effectiveness of migration policies, both of which are relevant to labour migration (ILO, 2019a).

SDG
2030 Agenda for Sustainable Development
  • Target 5.4
    Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate.
  • Target 8.8
    Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.
  • Target 10.7
    Facilitate orderly, safe, and responsible migration and mobility of people, including through implementation of planned and well-managed migration policies.

Note: This list is not exhaustive.

Global Compact for Safe, Orderly and Regular Migration

Most migration today is linked to the pursuit of decent work opportunities, though it is not always the primary driver (ILO, 2017a). The New York Declaration for Refugees and Migrants, which established elements towards the achievement of the Global Compact for Migration, presented the international community with an opportunity to “consider facilitating opportunities for safe, orderly, and regular migration, including, as appropriate, employment creation [and] labour mobility at all skills levels” (paragraph 57). As a result, the Global Compact for Migration offers a venue to improve pathways for regular migration, which can advance workers’ rights and at the same time protect migrants from inflexible visa regimes (objective 5). Further, it also seeks to ensure equal treatment with respect to social security entitlements and earned benefits (objective 22), while aiming to eliminate exploitative recruitment practices and fees (objective 6) that can lead to debt bondage and forced labour.

GCM
Global Compact for Safe, Orderly and Regular Migration
  • Objective 1(h)
    Conduct household, labour force and other surveys to collect information on the social and economic integration of migrants or add standard migration modules to existing household surveys to improve national, regional and international comparability, and make collected data available through public use of statistical microdata files
  • Objective 1(j)
    Develop and use country-specific migration profiles, which include disaggregated data on all migration-relevant aspects in a national context, including those on labour market needs, demand for and availability of skills, the economic, environmental and social impacts of migration, remittance transfer costs, health, education, occupation, living and working conditions, wages, and the needs of migrants and receiving communities, in order to develop evidence-based migration policies
  • Objective 2(e)
    Invest in human capital development by promoting entrepreneurship, education, vocational training and skills development programmes and partnerships, productive employment creation, in line with labour market needs, as well as in cooperation with the private sector and trade unions, with a view to reducing youth unemployment, avoiding brain drain and optimizing brain gain in countries of origin, and harnessing the demographic dividend
  • Objective 3(e)
    Promote multilingual, gender-responsive and evidence-based information campaigns and organize awareness-raising events and pre-departure orientation training in countries of origin, in cooperation with local authorities, consular and diplomatic missions, the private sector, academia, migrant and diaspora organizations and civil society, in order to promote safe, orderly and regular migration, as well as to highlight the risks associated with irregular and unsafe migration
  • Objective 5(a)
  • Develop human rights-based and gender-responsive bilateral, regional and multilateral labour mobility agreements with sector-specific standard terms of employment in cooperation with relevant stakeholders, drawing on relevant International Labour Organization (ILO) standards, guidelines and principles, in compliance with international human rights and labour law
  • Objective 5(b)
    Facilitate regional and cross-regional labour mobility through international and bilateral cooperation arrangements, such as free movement regimes, visa liberalization or multiple-country visas, and labour mobility cooperation frameworks, in accordance with national priorities, local market needs and skills supply
  • Objective 5(c)
    Review and revise existing options and pathways for regular migration, with a view to optimizing skills-matching in labour markets and addressing demographic realities and development challenges and opportunities, in accordance with local and national labour market demands and skills supply, in consultation with the private sector and other relevant stakeholders
  • Objective 5(d)
    Develop flexible, rights-based and gender-responsive labour mobility schemes for migrants, in accordance with local and national labour market needs and skills supply at all skills levels, including temporary, seasonal, circular and fast track programmes in areas of labour shortages, by providing flexible, convertible and non-discriminatory visa and permit options, such as for permanent and temporary work, multiple-entry study, business, visit, investment and entrepreneurship
  • Objective 5(e)
    Promote effective skills-matching in the national economy by involving local authorities and other relevant stakeholders, particularly the private sector and trade unions, in the analysis of the local labour market, identification of skills gaps, definition of required skills profiles, and evaluation of the efficacy of labour migration policies, in order to ensure market-responsive contractual labour mobility through regular pathways
  • Objective 5(f)
    Foster efficient and effective skills-matching programmes by reducing visa and permit processing time frames for standard employment authorizations, and by offering accelerated and facilitated visa and permit processing for employers with a track record of compliance
  • Objective 6(a)
    Promote signature and ratification of, accession to and implementation of relevant international instruments related to international labour migration, labour rights, decent work and forced labour
  • Objective 6(b)
    Build upon the work of existing bilateral, subregional and regional platforms that have overcome obstacles and identified best practices in labour mobility, by facilitating cross-regional dialogue to share this knowledge, and to promote full respect for the human and labour rights of migrant workers at all skills levels, including migrant domestic workers
  • Objective 6(c)
    Improve regulations on public and private recruitment agencies in order to align them with international guidelines and best practices, and prohibit recruiters and employers from charging or shifting recruitment fees or related costs to migrant workers in order to prevent debt bondage, exploitation and forced labour, including by establishing mandatory, enforceable mechanisms for effective regulation and monitoring of the recruitment industry
  • Objective 6(d)
    Establish partnerships with all relevant stakeholders, including employers, migrant workers’ organizations and trade unions, to ensure that migrant workers are provided with written contracts and are made aware of the provisions therein, the regulations relating to international labour recruitment and employment in the country of destination, and their rights and obligations, as well as of how to access effective complaint and redress mechanisms, in a language they understand
  • Objective 6(e)
    Enact and implement national laws that sanction human and labour rights violations, especially in cases of forced and child labour, and cooperate with the private sector, including employers, recruiters, subcontractors and suppliers, to build partnerships that promote conditions for decent work, prevent abuse and exploitation, and ensure that the roles and responsibilities within the recruitment and employment processes are clearly outlined, thereby enhancing supply chain transparency
  • Objective 6(f)
    Strengthen the enforcement of fair and ethical recruitment and decent work norms and policies by enhancing the abilities of labour inspectors and other authorities to better monitor recruiters, employers and service providers in all sectors, ensuring that international human rights and labour law is observed to prevent all forms of exploitation, slavery, servitude and forced, compulsory or child labour
  • Objective 6(g)
    Develop and strengthen labour migration and fair and ethical recruitment processes that allow migrants to change employers and modify the conditions or length of their stay with minimal administrative burden, while promoting greater opportunities for decent work and respect for international human rights and labour law
  • Objective 6(h)
    Take measures that prohibit the confiscation or non-consensual retention of work contracts and travel or identity documents from migrants, in order to prevent abuse, all forms of exploitation, forced, compulsory and child labour, extortion and other situations of dependency, and to allow migrants to fully exercise their human rights
  • Objective 6(i)
    Provide migrant workers engaged in remunerated and contractual labour with the same labour rights and protections extended to all workers in the respective sector, such as the rights to just and favourable conditions of work, to equal pay for work of equal value, to freedom of peaceful assembly and association, and to the highest attainable standard of physical and mental health, including through wage protection mechanisms, social dialogue and membership in trade unions
  • Objective 6(j)
    Ensure that migrants working in the informal economy have safe access to effective reporting, complaint and redress mechanisms in cases of exploitation, abuse or violations of their rights in the workplace, in a manner that does not exacerbate vulnerabilities of migrants who denounce such incidents and allows them to participate in respective legal proceedings whether in the country of origin or the country of destination
  • Objective 6(k)
    Review relevant national labour laws, employment policies and programmes to ensure that they include considerations of the specific needs and contributions of women migrant workers, especially in domestic work and lower skilled occupations, and adopt specific measures to prevent, report, address and provide effective remedy for all forms of exploitation and abuse, including sexual and gender-based violence, as a basis to promote gender-responsive labour mobility policies
  • Objective 6(l)
    Develop and improve national policies and programmes relating to international labour mobility, including by taking into consideration relevant recommendations of the ILO General Principles and Operational Guidelines for Fair Recruitment, the United Nations Guiding Principles on Business and Human Rights 21 and the IOM International Recruitment Integrity System (IRIS)
  • Objective 7(d)
    Review relevant existing labour laws and work conditions to identify and effectively address workplace-related vulnerabilities and abuses of migrant workers at all skills levels, including domestic workers, and those working in the informal economy, in cooperation with relevant stakeholders, particularly the private sector
  • Objective 12(a)
    Increase transparency and accessibility of migration procedures by communicating the requirements for entry, admission, stay, work, study or other activities, and introducing technology to simplify application procedures, in order to avoid unnecessary delays and expenses for States and migrants
  • Objective 14(d)
    Strengthen consular capacities in order to identify, protect and assist our nationals abroad who are in a situation of vulnerability, including victims of human and labour rights violations or abuse, victims of crime, victims of trafficking in persons, migrants subject to smuggling under aggravating circumstances, and migrant workers exploited in the process of recruitment, by providing training to consular officers on human rights-based, gender-responsive and child-sensitive actions in this regard
  • Objective 16(d)
    Work towards inclusive labour markets and full participation of migrant workers in the formal economy by facilitating access to decent work and employment for which they are most qualified, in accordance with local and national labour market demands and skills supply
  • Objective 22(a)
    Establish or maintain non-discriminatory national social protection systems, including social protection floors for nationals and migrants, in line with the ILO Social Protection Floors Recommendation, 2012a (No. 202)
  • Objective 22(b)
    Conclude reciprocal bilateral, regional or multilateral social security agreements on the portability of earned benefits for migrant workers at all skills levels, that refer to applicable social protection floors in the respective States and applicable social security entitlements and provisions, such as pensions, health care or other earned benefits, or integrate such provisions into other relevant agreements, such as those on long-term and temporary labour migration
  • Objective 22(c)
    Integrate provisions on the portability of entitlements and earned benefits into national social security frameworks, designate focal points in countries of origin, transit and destination that facilitate portability requests from migrants, address the difficulties women and older persons can face in accessing social protection, and establish dedicated instruments, such as migrant welfare funds in countries of origin, that support migrant workers and their families

Note: This list is not exhaustive.

IRIS: Ethical Recruitment

IRIS: Ethical Recruitment is the flagship initiative of IOM to promote ethical recruitment. This multi-stakeholder global initiative supports governments, civil society, the private sector and recruiters to establish ethical recruitment as the norm in cross-border labour migration. The goal of the initiative is to make international recruitment fair for everyone involved: migrant workers, employers, recruiters, countries of origin and countries of destination. IRIS is referred to under objective 6 of the Global Compact for Migration.

The Montreal Recommendations on Recruitment: A Road Map towards Better Regulation. The 55 recommendations, reproduced below with accompanying commentary, are consistent with international human rights and labour standards, the ILO General Principles and Operational Guidelines for Fair Recruitment1 and the multi-stakeholder standard established by the International Recruitment Integrity System (IRIS). They provide diverse, practical guidance to governments to enable more effective regulation of international recruitment and protection of migrant workers.

International Labour Organization Multilateral Framework on Labour Migration

Following the recommendation of the World Commission on the Social Dimension of Globalization, a tripartite meeting of experts was held in 2005 to produce a set of guidelines for labour migration policy. The International Labour Organization (ILO) Multilateral Framework on Labour Migration provides a comprehensive collection of non-binding rights-based principles and good practices to assist governments, social partners and other stakeholders in their efforts to protect migrant workers (see Global initiatives and commitments addressing migration).

Regional initiatives and commitments

List
Regional initiatives and commitments
  • As a consequence of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, a dedicated body was set up to oversee the implementation of the declaration. This body, the ASEAN Forum on Migrant Labour, has become an important element of regular consultations with employers, civil society and trade unions. Every year, it provides an open platform for review and exchange of good practices and ideas on key issues that migrant workers face in the region.
  • The Joint Labour Migration Programme (JLMP) for Africa provides a framework to raise States’ capacities in the area of labour migration. It supports the establishment and running of labour offices and statistical agencies. It also organizes regular tripartite policy discussions that address international labour standards, freedom of circulation policies, the extension of decent work and migrants’ access to social security.
  • The MERCOSUR Residence Agreement grants residence and work permits to citizens of signatory States with no requirement other than nationality, upon presentation of valid identity and travel documents (that is, passport, birth certificate and police clearance). The beneficiaries have the right to engage in activity under the same conditions as nationals, including the rights to make remittances and to family reunification.
  • Summits of the Americas, supported by the Organization of American States (OAS), are the primary forums for decision-making regarding labour matters in the region. At the summits, Heads of States and government leaders formulate priorities and approaches to address labour challenges faced by the region.

Note: This list is not exhaustive.

Bilateral initiatives and commitments

Between the 1940s and the 1970s, bilateral labour migration agreements (BLMAs) came to occupy a central place in the management of labour migration. They provided institutional frameworks between countries of origin and destination to organize how migrant workers get recruited and employed on the basis of enforceable contracts with various protection guarantees (Wickramasekara, 2015). The “second generation” BLMAs have a wider application, both in terms of geography and scope.

BLMAs can provide a shared commitment between countries of origin and destination to reduce recruitment costs while offering greater transparency and opportunities for non-State actors to implement and monitor such agreements. Some direct outcomes can include specific clauses on wages and on the availability of complaint procedures in case of violations of migrant workers’ rights. Most BLMAs also include sanctions against the mistreatment of migrant workers during recruitment (Wickramasekara, 2015; ILO, 2017b). However, labour migration in some regions is increasingly regulated not through BLMAs but through different mechanisms, including visa, economic cooperation, trade and security agreements.

Good Practice
Bilateral labour migration agreements
  • In the context of South Asia, bilateral labour migration agreements (BLMAs) and memorandums of understanding (MoUs) include provisions such as the “regulation of recruitment agencies, national labour migration policies, pre-departure orientation programmes, consular support and migrant resource centres, welfare funds, unilateral imposition of minimum wage and social security/insurance agreements” (Wickramasekara, 2015).
  • Global skill partnership (GSP) is another type of public–private agreement linking migrant origin countries and destination countries with shrinking labour forces. Under this model, destination countries agree to bear the costs of training skilled migrants in origin countries. Some trainees can then choose to stay in the origin country or migrate to the country of destination. In this way, GSP creates skills before migration takes place.
To Go Further
Inter-State policy dialogues

Inter-State Consultation Mechanisms on Migration (ISCM) have contributed to shaping approaches to the governance of labour migration among their constituent States, despite their rather informal and advisory nature. Specific labour-related themes that have been prioritized in their discussions include the recognition of skills and qualifications, ethical recruitment practices and labour market analysis, among others.

List
Inter-State consultative mechanisms

Note: This list is not exhaustive.

Good Practice
Inter-State policy dialogues on labour migration
  • Labour migration is a current thematic focus of the Migration Dialogue for Southern Africa (MIDSA). Most recently, The Southern African Development Community (SADC) Labour Migration Plan (2020–2025) has been developed based on the previous Labour Migration Plan (2016–2019) and other existing instruments including the SADC Labour Policy Framework and Employment and Labour Protocol (2014). The Labour Migration Action Plan (2020–2025) seeks to transfer skills and match labour supply and demand for regional development and integration. It also prioritizes youth employment.
  • The Global Policy Network on Recruitment is a new Member State-led collaboration bringing together senior policymakers and other regulators to strengthen recruitment regulation and migrant worker protection. The policy network emerged as a result of the 2019 Global Conference on the Regulation of International Recruitment in Montreal, Canada, which also resulted in the flagship resource, Montreal recommendations on recruitment: A roadmap towards better regulation. The policy network follows the framework established by IRIS: Ethical Recruitment.
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