Fair Recruitment What does it mean and why is it important? Christoph Kühn February 21, 2020
2 164m Fair Recruitment in context 9% (2013) migrant workers worldwide (ILO, 2018) 42% 6% Fair Recruitment Elements of fair recruitment: (2013) ▪ Costs are not borne by the No agreed definition. The key is worker “fair” – fair for workers but also women migrant workers (ILO, 2018) fair for labour recruiters and ▪ Workers can make an 1.4bn$ employers informed decision ▪ Respect for fundamental Also referred to as ethical principles and rights at work recruitment (e.g. IOM) in illegal recruitment fees collected from trafficked migrant workers (ILO, 2009) ▪ Protection from abusive and Generally: recruitment that exploitative situations respects the law and human 0$ ▪ Access to justice rights, including international labour standards ▪ In line with international human In recruitment fees or related costs should be charged to, or rights standards otherwise borne by, workers or jobseekers (ILO, 2019) Advancing social justice, promoting decent work
3 Fair Recruitment has been gaining attention International stage 2013 UN Secretary-General Report on UN High-Level Dialogue on International Migration and Development 2015 UN SGDs: Indicator 10.7.1 on measuring recruitment costs relative to income 2015 UN Special Rapporteur on the human rights of migrants – report on impact of recruitment practices 2018 UN Global Compact on Migration – Objective 6 Multi-stakeholder / Industry / Constitutent initiatives IOM IRIS; IHRB (“Employer Pays Principle”); CGF; RBA; ITUC Recruitment Advisor Regional, bilateral and national initiatives ASEAN Forum on Migrant Labour; Abu Dhabi Dialogue; Colombo Process Bi-lateral labour agreements with recruitment specific provisions >90 countries with regulation on labour recruitment Advancing social justice, promoting decent work NB Manually place “ilo.org” device in front of image
4 Fair Recruitment within the ILO ILO Fair Recruitment General Renewal of the Initiative / Fair Discussion on ILO Fair Migration Labour Recruitment Agenda 2016 Migration 2019 Initiative 2014 2020 General Definition of 2018 Principles and Recruitment Operational Fees and Guidelines on Related Costs Fair Recruitment Advancing social justice, promoting decent work NB Manually place “ilo.org” device in front of image
5 ILO Fair Recruitment Initiative (currently being revised) Enhance global knowledge of national and Help prevent human trafficking and forced labour 1. international recruitment practices Protect the rights of workers from abusive and SDG Indicator 10.7.1 methodology testing fraudulent practices during the recruitment process ▪ Thematic studies and tools ▪ Reduce the cost of labour migration and enhance develoment outcomes for migrant workers and their Improve laws, policies and enforcement 2. families, as well as for countries of origin and destination General Principles and Operational Guidelines • Definitions of recruitment fees and related costs • Promote fair business practices 3. Tools and guidance for business and labour recruiters • Support models for due diligence • Empower and protect workers 4. Support social dialoge mechanisms • Assist trade unions to organise migrant workers and protect their • rights Advancing social justice, promoting decent work
6 General Principles and Operational Guidelines on Fair Recruitment General Principles Operational Guidelines 13 principles intended to orient implementation at all Addressing responsibilities of specific actors in the levels and based on international labour standards recruitment process Clear and transparent employment contract Governments No recruitment fees and costs charged to workers Enterprises and public employment services, including labour recruiters and employment Freedom of movement and no document retention agencies (temporary work agencies) Access to free, comprehensive, accurate Trade unions not specifically addressed but as information primary advocates of worker’s rights contribute to Access to dispute resolution, effective remedies effective protection of migrant workers General Principles and Operational Guidelines should be read together with the Definition of Recruitment Fees and Related Costs Advancing social justice, promoting decent work
7 Definition of Recruitment Fees and Related Costs Reaffirms principle that workers shall not be charged any fees or related costs for their recruitment Defines recruitment fees 1. Identifies categories for related costs (medical, insurance, skills and 2. qualification tests, training and orientation, travel and lodging, administrative) Definition has been taken up by a number of other actors already including ▪ RBA Definition of Fees ▪ Responsible Recruitment Toolkit ▪ H&M Migrant Workers Fair Recruitment and Treatment Guidlines ▪ Electronics Watch Guidance for Recruitment Fees in Public Procurement ▪ IOM IRIS Advancing social justice, promoting decent work NB Manually place “ilo.org” device in front of image
8 Fair Recruitment within the ILO‘s work Technical Cooperation Projects Tools and Initiatives with a link to fair recruitment Toolkit for Journalists for reporting on forced labour The ILO works on the realisation of fair recruitment and fair recruitment globally in various sectors and corridors Online training toolkit on establishing Fair REFRAME (Central America, Asia, Arab States) Recruitment Processes FAIR (Asia, North Africa) ILO Global Business Network on Forced Labour - Work in Freedom (Asia, Gulf countries) https://flbusiness.network/ FAIRWAY (Africa and Arab States region) Alliance 8.7 – Supply Chain and Migration Action Groups TRIANGLE in ASEAN Better Work Safe and Fair (Asia) ITUC Recruitment Advisor FIRST (Vietnam) AMEM (MAR, TUN, MRT) Advancing social justice, promoting decent work NB Manually place “ilo.org” device in front of image
9 ILO Support of the ITUC Recruitment Advisor ILO has provided financial support to the set-up of the Recruitment Advisor within the context of two technical cooperation projects – REFRAME and FAIR. The Recruitment Advisor presents an innovative approach that uses technology to work towards fair recruitment outcomes. More work is needed to reach scale and sustainability, including further expansion and support. Questions to consider: • What countries could the Recruitment Advisor be expanded to? • How can ownership of the Recruitment Advisor with the national unions be ensured in view of the sustainability of the project? • What synerges exist between the Recruitment Advisor and other tools or initiatives on recruitment? Advancing social justice, promoting decent work
Thank you for your attention
11 References • ILO (2009). The cost of coercion. Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. • ILO (2018). ILO Global Estimates on International Migrant Workers – Results and Methodology. 2nd ed. International Labour Office - Geneva: ILO, 2018. • ILO (2019). General principles and operational guidelines for fair recruitment & Definition of recruitment fees and related costs. International Labour Office - Fundamental Principles and Rights at Work Branch, Labour Migration Branch – Geneva: ILO, 2019. Other links ITUC Recruitment Advisor ILO Toolkit for journalists for reporting on forced labour and fair recruitment ILO online training toolkit on establishing fair recruitment processes ILO Global Business Network on Forced Labour FAIR and REFRAME project Alliance 8.7 Better Work Advancing social justice, promoting decent work
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13 Definition of Recruitment Fees and Related Costs Recruitment fees include payments for recruitment services offered by labour recruiters (public or private) 1. in matching offers of and applications for employment; payments made in the case of recruitment of workers with a view to employing 2. them to perform work for a third party; payments made in the case of direct recruitment by the employer; 3. payments required to recover recruitment fees from workers 4. These fees may be one-time or recurring and cover recruiting, referral and placement services. Advancing social justice, promoting decent work NB Manually place “ilo.org” device in front of image
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