incorporating rights protection mechanisms into temporary worker programs: experiences, lessons...

Incorporating Rights Protection Mechanisms into Temporary Worker

Programs: Experiences, Lessons Learned, Challenges,

and Possibilities

Regional Conference on MigrationDominican Republic

April 28-29, 2011

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Purpose

To provide an overview of how to incorporate rights protection mechanisms into Temporary Worker Programs, including:

– Possible Approaches

– Worker Protection Measures

– Employer Monitoring and Compliance

– Lessons Learned

– Challenges and Possibilities

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Rights Protection Mechanisms:A Continuum of Possibilities A country’s legal framework, primary program objectives, and resource

capacity will determine the extent of mechanisms implemented in support of worker protection and employer compliance.

At one end of the spectrum, there are non-regulatory measures:

– Administrative improvements– Voluntary and facilitative measures– Information outreach and awareness raising

At the other end of the spectrum are regulatory measures:– Support and strengthen existing measures– Introduce mandatory factors or measures to the program– Enforcement of penalties

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Non-Regulatory Options for Worker Protection

As an alternative or complement to regulatory authority, there are a number of measures that can be considered:

Increase outreach and awareness with additional information to employers and workers on rights and obligations (e.g. online, print materials, presentations, etc.)

Administrative improvements (e.g. streamlined applications, improved service standards with highest demands, etc.)

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Regulatory Measures for Employer Compliance

Formal regulatory measures allow for governments to reduce the potential for exploitation by the introduction of measures such as:

– Implementing stricter accountability mechanisms– Introducing penalties (e.g. denial of service)– Establishing factors to assess the genuineness of an employer’s offer of employment– Support and complement existing provincial/territorial laws that regulate employment

or the recruiting of employees in the intended province of work.– Establishing employer registries– Placing limits on work periods

Possible to combine mandatory and voluntary measures

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Lessons Learned: Best Practices

Offer temporary workers the same labour protections as country nationals, including access to complaint mechanisms

Consider a phased approach to implementation depending on resource capacity

Increase awareness of rights and protections with increased measures

Ensure information-sharing agreements are established

Consider additional protections to reflect the level of risk and nature of the migration

Strive to balance long-term and short-term solutions to access labour and skills

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Lessons Learned: Challenges

Regulation of third-party recruiter or labour brokers

No control over abuses in source country (e.g. foreign recruiters)

Resource capacity, especially as enforcement actions are costly

Information-sharing, data capture, and litigation capacity for departments

Legal or regulatory authority to monitor after the entry of the migrant

Limitations due to jurisdictional divide or division of responsibilities among levels of governments (e.g. health and safety, labour standards, etc.

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Thank-You / Merci

www.hrsdc-rhdcc.gc.ca

www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml