The protection of migrant workers and international labour standards

International labor standards take the form of Conventions and Recommendations that embody the agreements reached by a 2/3 majority of the representatives of Governments, Employers, and Workers of International Labour Office (ILO) member states. Originally designed to guard against the danger that 1 country or other would keep down wages and working conditions to gain competitive advantage and thereby undermine advances elsewhere, international labor standards have also been inspired by humanitarian concerns--the visible plight of workers and the physical dangers of industrialization and by the notion of social justice, which embraces wellbeing and dignity, security, and equality as well as a measure of participation in economic and social matters. ILO standards apply to workers generally and therefore also to migrant workers, irrespective of the fact that the general standards are complemented by standards especially for migrant workers. The social security protection of migrant workers has been dealt with in ILO instruments primarily from the angle of equality of treatment but also from that of the maintenance of acquired rights and rights in course of acquisition, including the payment of benefits to entitled persons resident abroad. The ILO Conventions on migrant workers and the Recommendations which supplement them deal with practically all aspects of the work and life of non-nationals such as recruitment matters, information to be made available, contract conditions, medical examination and attention, customs, exemption for personal effects, assistance in settling into their new environment, vocational training, promotion at work, job security and alternative employment, liberty of movement, participation in the cultural life of the state as well as maintenance of their own culture, transfer of earnings and savings, family reunification and visits, appeal against unjustified termination of employment or expulsion, and return assistance. ILO's supervisory mechanism consists basically of a dialogue between the ILO and the Government that is responsible for a law, regulation, or practice alleged to be in contravention of principles it voluntarily accepted. The control machinery is often set in motion by workers' organizations. The UN General Assembly is currently elaborating a new instrument designed to cover both regular and irregular migrant workers and their families.     

Precarious beauty: migrant Chinese women,beauty work,and precarity

This study focuses on precarious labor, in particular, the experiences of a group of internal migrant women working in a beauty shop in South China. The study aim is to elucidate the ways in which migrant Chinese women negotiate the demands of work and life that help to shape the imaginations and aspirations of modern city dwellers. Women factory workers, it is argued, leave other employment for work in the aspiring Chinese beauty industry, which promises significant facets of modern identity such as urban status, cosmopolitanism, and upward mobility. Their work, nevertheless, remains fundamentally precarious because of not only low wages and limited job security but also the construction and circulation of femininity and assumptions about gender normality in both work and family. The precarious work also indexes the ambivalent relationship between the national affect of hope and the fragility of individual potentiality under neoliberal ethos.     

新生代农民工融入城市的预期与构想——以珠三角“民工荒”为例

新生代农民工的社会心理比较脆弱,他们虽然生活在城市,却无法融入城市。每年春节前后,人们都在关注农民工返乡与回厂问题,于是产生一个热门话题——“民工荒”。“民工荒”是真荒还是假荒？“民工荒”的真正原因何在？值得一辩。如今,新生代农民工已经登上了城镇化进程的舞台,并成为新产业工人阶层的主体部分。新生代农民工往往把自己看成“准城里人”,希望在公民权利、择业就业、工资待遇、生活方式、社会保障等方面,能够与城里人享有同等待遇,他们不再是廉价的劳动力。     

Migrant female domestic workers: debating the economic,social and political impacts in Singapore

This article analyzes the impact of migrant female domestic workers on the socioeconomic and political context in Singapore. Although Singapore state policy opposes long-term immigration, there is a labor shortage which permits a transient work force of low-skilled foreign workers. In the late 1990s, Singapore had over 100,000 foreign maids, of whom 75% were from the Philippines, 20% were from Indonesia, and the rest were from Sri Lanka. Legislation ensures their short-term migrant status, restricts their numbers, and governs their employment. Migrant workers are also regulated through a stringent allocation system based on household income of employers and the need for caregivers for children. Work permits are conditioned on non-marriage to citizens of Singapore or pregnancy. Terms and conditions of migrant employment are not specified, which permits long hours of work and potential for inhumane treatment. Migrant women fulfill jobs not desired by natives and accept these jobs at lower wages. There is disagreement about the motivation for the maid levy and its need, fairness, and effectiveness in reducing demand for foreign maids. Most public discussion focuses on social values and morality of foreign maids. Politically, tensions arise over the legality of migration, which results from tourist worker migration to Singapore and circumvents Filipino labor controls. Most of the adjustment cases that come to the attention of OWWA are tourist workers. Policies should be gender sensitive.     

促进农民工就业,推进城镇化战略

各级政府高度重视农民工就业工作,把转移农村劳动力作为就业工作的重点之一。虽然,对农村富余劳动力进城务工拆除了门槛,取消了种种不合理的限制,但与城镇下岗失业人员相比,农村富余劳动力进城务工在享受政策待遇上仍有不少差别。把符合条件的农业人口逐步转变为城市居民,不是简单地让农民工到城市打工,而是要让农民工融入整个城市,在劳动就业、工资待遇、子女教育、社会保障等方面享受与城镇居民相同的待遇。     

Why Do Migrant Workers Intend to Extend Their Stay in Host Countries? The Case of Bangladeshi Workers in Malaysia's Manufacturing Sector

This article explores various factors resulting in temporary migrant workers' decisions to extend their stay in host countries by means of a case study of Bangladeshi factory workers in Malaysia. The employment mediation and passage fees paid to brokers and agents by Bangladeshi workers are very large compared with general living standards in Bangladesh. These large sums are increasing steadily as the number of persons desiring to work overseas increases. Malpractice by brokers and agents causes Bangladeshi workers to overestimate the amount of remittances they can send home, and hence they pay higher mediation and passage fees to brokers or agents. From a humanitarian point of view, the Government should strictly regulate the activities of agents and brokers and provide accurate information to those who plan to work in Malaysia. Statistical analysis suggests that the lower real remittances fall below the expected amounts, and the lower real wages are, compared with passage and mediation fees, the more will Bangladeshi workers wish to extend their stay. These facts imply that if future Bangladeshi migrant workers to Malaysia have the correct information about income levels and living expenses in Malaysia, and hence mediation and passage fees become cheaper, the likelihood of their intending to extend their stays will be much lower.     

Failure to return to industry,the primary feature of the sequence of Turkish migration

This article seeks to destroy the myth that the industrial experience of emigrated workers can be helpful in development efforts for the sending countries by supplying a highly qualified labor force. The extent and nature of unemployment in an underdeveloped country such as Turkey form the essential background. Insufficient demand for labor, oppressive living conditions for the unemployed, and the absence of hope for future improvement in employment conditions produce a high desire to work devoid of a specific job or career goals, tendencies which account for the willingness of workers to accept any kind of work as long as pay is adequate. Most Turkish migrant workers have been found to be oriented toward accumulating as much money as possible, not for use as a means of changing their structural situation or improving their employment qualifications, but as an end in itself. The hypothesis that polyannual migrants acquire new knowledge and ability to adapt to the mode of life of an industrial society, internalizing its structures, roles, and values, recieves little confirmation in the literature. A large proportion of Turkish migrants remain attached to preindustrial habits and preferences for work in a milieu that assures personal relationships. Few report in surveys that they learn significantly in their migrant jobs. Migrant workers who are only superficially familiar with industrial culture and who reject the mode of life of industrial society cannot be viewed as a force for change and innovation when they return. Migrant remittances are steadily increasing, but until the present, no structural changes have been made in Turkey to encourage their investment in productive enterprises. Personal or familial reasons, not desire to undertake new enterprises, are most often the cause of migrants' return; once they have done so, they aspire to new occupations in the tertiary sector rather than return to their earlier lines of employment.     

农民工就业服务体系建设研究——基于城市社区为平台的视角

大量农民工在城市务工,由于他们未能均等享有就业服务等城市公共服务,而呈现"半城市化"的状况,要解决农民工市民化问题首先得解决农民工在城市的就业问题,就业服务对于解决农民工就业问题具有重要作用,因此,以大部分农民工生活和工作所在的城市社区为平台构建农民工就业服务体系具有重要的现实意义。构建以城市社区为平台的农民工就业服务体系,需要完善配套法律法规政策,厘清政府、非营利组织、农民工等与城市社区间的关系,建立健全社区就业服务机构体系、建设网络信息服务体系、完善就业培训体系、畅通非营利组织参与渠道。     

When Battlefields become Marketplaces: Migrant Workers and the Role of Civil Society and NGO Activism in Thailand

The vast majority of migrant workers in Thailand are employed predominantly in low‐paying occupations commonly described as “3‐D jobs” (dangerous, dirty, and difficult). Currently, there are nearly two million documented and undocumented migrant workers, mostly from neighbouring Burma, Lao People’s Democratic Republic, and Cambodia, employed in various industries, including domestic service, throughout the country. While over half a million migrants are officially registered to work in the country, both documented and undocumented migrant workers remain unprotected primarily due to the lack of concrete measures to monitor, implement and enforce laws regarding working and living conditions. Regardless of where they are employed, migrant workers face common problems: low wages; harmful working conditions, poor living conditions; discrimination and harassment, the threat of arrest and deportation; and lack of access to basic resources such as medical care and legal assistance. Based on preliminary research conducted in the summer of 2005, this article looks at the situation of migrant factory and domestic workers in Thailand and explores the ways in which local activists, NGOs, community‐based organisations, and international bodies have been looking to assist and protect migrant workers. Successful migrant workers’ struggles and ongoing efforts of mobilization have been made possible with the help of these support groups, and raise the possibility that union and NGO activity have the potential to improve the situation of migrants in Thailand. This also raises the question of whether advocacy groups should be acting in lieu of the state rather than alongside the state, especially when it appears that they are fulfilling their civic duty as enforcer and monitor of migrant workers’ problems.     

Effects of migration on family structure

This paper examines the situation and problems of migration on family structure, with emphasis on family reunification. The study is based on conditions and practices in Western Europe and Mediterranean countries relating to temporary labor migration. Most migrant workers have no intention of settling permanently and return to their country within a few years. The International Labour Office estimated in 1974 that at least 1/2 the migrant workers in Western Europe live without their families. Generally, migrants send for their families only when they are employed, earning adequate wages, and have adequate housing. Some reasons why migrants live apart from their families include 1) the receiving country discourages family immigration because it does not coincide with the economic necessities of migration policy and 2) some sending countries discourage it to ensure that the migrant worker returns to his own country. The main danger arising from family separation is that it frequently leads to the break up of the family. The leading European authorities recognize as a fundamental right the freedom of a migrant worker and his family to lead a normal family life in the receiving country. The author outlines the conditions for admission for residence and employment of migrant spouses and children for the Federal Republic of Germany, France, Belgium, Switzerland, the Netherlands, Sweden, Norway, Austria, Luxembourg, and the United Kingdom. All countries require that the head be in regular employment for some time and be able to provide his family with suitable housing. Other problems concerning the arrival of migrant spouses and children include 1) acquiring employment and social information and counseling, 2) education of children, 3) obtaining vocational training and adaptation and 4) achieving entitlement to social security benefits. The effects of migration in the family context in sending countries include 1) providing activities for migrants to maintain cultural links with their countries of origin and 2) acquiring the nationality of the receiving countries. Countries should facilitate the admission to employment of migrant spouses and children, by maintaining provisions for the reuniting of families and imposing no limits on admission to residence; and 2) by overcome obstacles to admission to employment, by observing existing recommendations. In conclusion, governments should give family cohesion 1st priority, regardless of regulations.     

The Effect of Migrant Children on Migrant Mothers' Employment

More and more migrant parents choose to bring their children with them to their migration destination in China. Here, the data reported by China's Health and Family Planning Commission in 2017 are used to examine the influence of migrant children on migrant mothers’ employment. The results showed that migrant children have a negative effect on mothers’ employment and reduce wages of mothers who are work. In addition, considering migrant children’s age, we find that as it increases the burden of childcare is lighter; the probability of mothers’ participation in the labour market and receiving a high wage is higher. Furthermore, in terms of mothers’ characteristics, older age and better education, having a spouse or parents who migrated, longer migration history and an across-provincial move have positive effects on migrant mothers’ employment.     

Public Sector Reform and Women's Work in Poland: ‘Working for Juice,Coffee and Cheap Cosmetics!’

The debate on the transformation of work in east central Europe has concentrated on the restructuring of employment in manufacturing to the detriment of any discussion of the transformation of work in the service and public sectors, where the majority of women are employed. Moreover, while it is frequently recognized that women have been hit hard by job loss and unemployment, less attention has been paid the changing experiences of women in work. This article looks at the profound impact of market‐driven reforms in the Polish health and education sectors implemented in the late 1990s, and considers their implications for women and their work. It reports on interviews with a cross‐section of women workers in schools and hospitals and with trade union leaders at both the national and branch level. The impacts of the reforms and the experiences of women workers are discussed through the themes of changing employment levels, the restructuring of working conditions, job security, wages, training, and the double burden of balancing domestic and work lives. The general findings are that although the impact has been highly uneven between workplaces and regions, in general women have experienced an intensification of work and deteriorating working conditions. Their personal lives are not only more stressful due to the pressure at work, but also the double burden of paid and domestic work has increased due to the marketization of public provision. In both sectors, the response to reform has been widespread and militant industrial action, which has gained considerable political attention. We therefore also focus on how women have contested change, both passively and actively, through trade unionism and other political practice.     

Labor Market Impact of Migration: Employment Structures and the Case of Greece1

The impact of migration on the labor markets of host countries has fueled research and policy debates. While the impact of migration on the employment opportunities and wages of natives has come under extensive focus, another dimension of labor market impact of migration apparent in the case of Greece, the relations under which work is performed, has attracted less attention. The prevalence of family‐based forms of production and the relatively limited extent of waged employment have log made Greece an outlier with respect to European employment structures. However, much of the work previously carried out within the framework of the family is now undertaken by migrants for wages. This substitution of unpaid family labor by migrant wage‐labor is contributing to the convergence of Greek employment structures with those of other countries of the European Union.     

The impact of Chilean migration on employment in Patagonia

This paper discusses the employment situation of Chilean migrant workers, their impact on labor markets in Patagonia, Argentina, and the government's past and projected responses to this phenomenon. In 1980, Chilean inhabitants of patagonia comprised 11% of the area's population. Chilean migration to patagonia was closely linked to economic activities that began to flourish in the 20th century, such as livestock raising, fruit and vegetable cultivation, and mining for coal and petroleum. No Chilean migrants work in a wide range of sectors. In Patagonia's southern provinces availability and ability to withstand rigorous climate conditions are the main factors which account for the prevalence of Chilean manpower. Chilean migrants do not in general displace local manpower. Legislation and the permeability of the border ensure that most workers enter the country as tourists. Clandestine migration is not an issue. Illegal migrants have provoked negative reactions for several reasons: 1) they comprise a marginal population without formal citizenship; 2) being employed as clandestine workers, they pay no social security, nor do their employers; 3) being illegal, they are obliged to accept lower wages and inferior working conditions which creates unfair competition within labor markets; and 4) as a result of these conditions, xenophobic and endophobic attitudes in relations with Argentine nationalists are reinforced. The government has attempted to solve these problems through various measures. Beginning in 1934, most foreigners entered Argentina with a tourist visa, becoming illegal when they stayed beyond authorized limits. Several measures over the years provided amnesty to illegal migrants. Currently, the law promotes immigration, monitors the admission of foreigners to the country and stipulates their rights and obligations. The law lists 115 articles on immigration promotion and on regulation of the movements of foreigners. Because of the present economic crisis in Argentina, authorities are investigating the effect of Chilean manpower on Argentine labor markets.     

新生代农民工职业化的困境与出路

近年来,农民工中的新生代农民工已经成为新产业工人的主体,但他们面临着自身素质低、二元分割劳动力市场制度、城市歧视性用工政策等方面的困境,这成为制约新生代农民工职业化和市民化的瓶颈。要突破这一困境,一方面要增强新生代农民工的职业意识,建立人力资本投入机制;另一方面要大力发展职业教育,构建职业化的就业体系,在此基础上实现新生代农民工的职业化,促进城乡一体化发展。     

Does Citizenship Status Matter in Canadian Agriculture? Workplace Health and Safety for Migrant and Immigrant Laborers

This article explores how precarious legal status circumscribes differential inclusion in the agricultural labor market and affects workers' lives through a comparative study of workplace health and safety among temporary migrant guest workers and immigrants in Canada. Original, multimethod research with South Asian immigrant and Mexican migrant farmworkers examines employment practices, working conditions, and health‐care access. We find that both groups engage in precarious work, with consequences for their health and safety, including immigrant workers with citizenship. Nevertheless, migrant guest workers are subject to more coercive forms of labor discipline and a narrower range of social protection than immigrants. We argue that while formal citizenship can mitigate some dimensions of precariousness for farmworkers racialized as non‐white, achieving a more just, safer food system will require broader policies to improve employer compliance and address legislative shortcomings that only weakly protect agricultural labor.     

Wage differentials within a female‐dominated occupation: Domestic workers in informal and flexible jobs in Portugal

The authors use an original cross‐sectional data set to examine the impact of informal and flexible contractual arrangements on the wages of domestic workers hired by private employers in Portugal. OLS estimations suggest that formality benefits workers, whether they have a stable or a flexible contract. However, social and labour market processes help to shape and maintain inequality, especially for migrant workers. Although skills are undervalued and do not generate rewards, higher wages are identified for workers who are engaged in contingent work, work for multiple employers or provide care for the elderly. However, such workers are still subject to exploitation and insecurity.     

The Effect of Housework on Wages: A Study of Migrants and Native-Born Individuals in Germany

To increase labour market participation among migrants, an increase in female labour market participation is important, with wages being a significant incentive. In research on the gender wage gap, the consideration of housework has been a milestone. Gender differences in housework time have always been much greater among migrants than among native-born individuals. Based on data obtained from the German Socio-Economic Panel from 1995 to 2017, this study questioned whether housework affects the wages of migrant full-time workers differently than those of their native-born counterparts. To consider the possible endogeneity of housework in the wage equation, the analysis estimated, in addition to an OLS model, a hybrid model to estimate within effects. Significant negative effects of housework on wages resulted for migrant women and native-born individuals. The effects for migrant men were significantly smaller or insignificant, which could not be explained by threshold effects. The greater amount of time spent on housework by migrant women than by native-born women will in general lead to a larger wage decrease due to housework for migrant women than for native-born women. The results further showed that the observed variables explained very little of the migrants’ gender wage gap, in contrast to the gap of native-born individuals. Human capital returns, including education and work experiences, were much lower for migrant women than for native-born women, whereas differences in housework equally contributed to the explained share of the gap for both groups, indicating the greater relevance of housework for migrants’ wage gap.

     

RENT CREATION AND RENT SHARING: NEW MEASURES AND IMPACTS ON TOTAL FACTOR PRODUCTIVITY

This analysis proposes new measures of rent creation and rent sharing and assesses their impact on productivity on cross‐country‐industry panel data. We find first that: (1) anticompetitive product market regulations positively affect rent creation and (2) employment protection legislation boosts hourly wages, particularly for low‐skill workers. However, we find no significant impact of this employment legislation on rent sharing, as the hourly wage increases are offset by a negative impact on hours worked. Second, using regulation indicators as instruments, we find that rent creation and rent sharing both have a substantial negative impact on total factor productivity. (JEL E22, E24, O30, L50, O43, O47, C23)     

Attitudes About Working Beyond Normal Retirement Age: The Role of Mandatory Retirement

The Dutch government abolished mandatory retirement for national-level civil servants in 2008, but not for employees in other sectors. This study analyzes whether national-level civil servants have different attitudes and plans about working beyond normal retirement age than employees in other sectors. Results show no clear differences between the groups. A national ban on mandatory retirement would presumably not lead to many more older workers continuing to work beyond normal retirement, but would need to be integrated in a much broader policy reform that also addresses employment protection legislation and seniority-based wages.