Conference on Access to Justice for Migrant Workers in Malaysia.
Bangladesh Prime Minister Shiekh Hasina Wazed endorses Migrant Forum in Asia (MFA) campaign to get justice for migrant workers across the world … writes Rejimon Kuttappan
Migrant Forum in Asia (MFA) and its partners were commended by Shiekh Hasina, Prime Minister of Bangladesh, for raising voices against the non-payment of migrant workers’ wages.
“I endorse the MFA’s demand that the international community develops appropriate instruments to ensure that the employers settle the migrants’ rightful claims,” the prime minister said in a statement.
The prime minister’s message was read at an ongoing Conference on Access to Justice for Migrant Workers in Malaysia.
Conference on Access to Justice for Migrant Workers in Malaysia.
In her message, she revealed that on average, US$2119 was lost by Bangladeshi returnees from Gulf. According to MFA, the challenges to accessing justice occur across the spectrum of areas and processes of seeking justice.
“A particular point we need to consider when looking at cases of migrant workers are that the challenges are faced regardless of their status as documented/undocumented, low-skilled or high-skilled, gender, and nationality,” MFA added.
Wage theft refers to the unlawful intentional under- or non-payment of an employee’s wages or entitlements by their employer or recruitment agency. It can take a variety of forms ranging from unauthorized deductions from employee’s wages to the underpayment or delayed payment of wages, overtime, termination pay, and entitlements such as sick leave and annual leave – or no payment at all.
The MFA adds that in “building back better”, it is paramount that we inspect these systemic flaws in labor migration governance such as in access to justice for migrant workers, otherwise we run the risk of being compliant with the abusive treatment of migrant workers.
“Governments should take responsibility for ensuring migrant workers have access to speedy, reliable, and portable justice mechanisms. Workers should not be made to wait years to receive justice,” the MFA added.
The conference is organized by MFA, the Malaysia Bar Council, and Our Journey, supported by the International Organization for Migration (IOM), through its Corporate Responsibility in Eliminating Slavery and Trafficking (CREST).
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Centre for Indian Migrant Studies (CIMS) organised National Consultation on Justice for Wage Theft at New Delhi. Delegates from 15 Indian states urged India government to implement an international justice mechanism for migrant workers to address the grievances on unpaid dues. The Delhi consultation event was held prior to the Conference on Access to Justice for Migrant Workers at Kuala Lumpur, Malaysia from 2-4 October
A national consultation on Justice for Wage Theft was held in New Delhi to discuss the issues affecting migrant workers. It is a country-wide multi-stakeholder discussion to understand and evaluate the issue of wage theft and stakeholder responses during the pandemic among internal and international Migrants.
Indian migrant workers are one of the most vulnerable sections during the pandemic. India experiences the large-scale movement of migrants internally and internationally. After the outbreak of the pandemic, migrant workers continue to face injustice especially in getting wages in an expedited manner.
Delegates from 15 states demanded that the Government of India should implement an international justice mechanism for migrant workers to address grievances on unpaid dues. This Consultation was held prior to the Conference on Access to Justice for Migrant Workers held at Kuala Lumpur, Malaysia from 2-4 October.
Dr. Onkar Sharma, Ministry of Labour & Employment, addressed the event. Other attendees include Jagdish Patel, Shahnaz Rafique, Sangam Tripathy, Sunil Shinde, Sr. Lizy Joseph, Vaishnavi, Mewa Bharti, Sandeep Khare, Neha Vadhwan, Feroze Ahmad, Lakhan Subodh, Anand Lakhan, Elizabeth, Jitendra, Vishwanath, Haris Najib, Assem Mishra, Tapojay, Umesh, Rakshita Swamy etc.
On Day 2, the discussions took place around the themes: Social Protection and Wage Theft: Using OSH and ESIC as tools to strengthen ‘Wage Campaign”; Access to regular wages and social protection provisions for women migrants during a pandemic; Experiences of various states & sector; floating the idea of building campaign on ‘wage theft’ in India and lastly group discussions towards strengthening wage theft campaign on three broad topics of how do we deal with wage theft & inequality, ESIC & grievance redressal mechanisms.
Various suggestive points and issues were also discussed. Topics included: Applicability of minimum wages, basic working conditions, ramifications on workers when they complain, and the role of the government to intervene when workers file claims and are subject to termination. Issues faced by migrant domestic workers were highlighted as they are unregistered and without any clear terms of employment. Further, dialogue & representation of women migrant workers, unionisation & challenges of trade unions to organise workers, lack of employment that pushes workers into vicious circles of exploitation, Registration of workers & employers with emphasis on workers from marginalised sections taking up issues forward through litigation & lobbying were also weighed in.
With respect to National Rural Employment Guarantee Act (MGNREGA) there is a violation of both Payment of Wages Act & Minimum Wages Act in many states. The workers need to contextualize this within the wage theft campaign.
WAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENTWAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENTWAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENTWAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENTWAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENTWAGE THEFT: Delhi urged to implement charter on migrant workers – CIMS EVENT
Adv.Thamban Thomas addressing the conference. Others in the dais are M.U Ashraf, Pravasi Grievance Cell-Kerala Govt., Ibrahim Kutty, Dist.President INTUC, Harikumar K S, Dist.Secretary AIUTUC, George Stephan, Dist.Secretary RSP and Rafeek Ravuther, CIMS.
Prominent trade union forums support the demand of thousands of Gulf returnees and decided to launch a national level legal campaign to avail justice … reports Asian Lite News. Thousands of Indians flew back home from across the world during the pandemic after losing their jobs. According to a report by the Centre for Indian Migrant Studies (CIMS), around Rs 1,180 crores is yet to be paid as salaries and benefits for these expatriates
We will join the fight to address wage theft of Keralite migrants who have returned from foreign countries due to job loss following Covid-19 outbreak,” said Advocate Thampan Thomas, former member of Indian Parliament and the national secretary of Hindustan Masdoor Sangh (HMS).
He was inaugurating the national conference on wage theft of Keralite migrant workers. The event was organised by Centre for Indian Migrant Studies (CIMS), a grassroots level organisation which works for the welfare of migrants. The event was held in partnership with Thampan Thomas Foundation for Socialism and Labour Employment, Emigrants Welfare Forum and Migrant Forum in Asia.
National conference on wage theft of Keralite migrant workers held in Kochi
Several prominent political leaders including M.U Ashraf, Pravasi Grievance Cell, Kerala Govt., Ibrahim Kutty, District President, INTUC, Harikumar K S, District Secretary, AIUTUC, George Stephan, District Secretary RSP addressed the conference.
Mr Ashraf said the wage theft is the apt word to define the denial of salary. While, Ibrahim Kutty expressed his union’s solidarity to fight wage theft of Keralite migrants. Harikumar said that issues of migrants are too complex and the governments who are responsible to address them are failing to fulfil their responsibilities.
George Stephen also supported the complaint. He said that Keralite migrants who have returned from foreign countries are struggling to migrate and the governments are doing anything to address the issue.
Kerala Wage Theft Report
Parvathy Devi, a researcher associated with the CIMS, presented a Kerala Wage Theft report.
In the report, Parvathy stated that the total wage theft suffered by Keralite migrant workers who have returned due to job loss from foreign countries following the Covid-19 pandemic outbreak will be around Rs 1,200 crore.
Thousands of Keralites had flown back home from across the world during the pandemic after losing their jobs. As of July 15, 2021, NORKA Roots estimates that 10,98,334 returnees have lost their jobs abroad. And the NORKA data also says that 120,816 Keralites are yet to receive their unpaid salary.
Parvathy said based on their study they have found that, if one returnee has suffered a loss of Rs 1 lakh, then it would amount to Rs 1,200 crore.
National conference on wage theft of Keralite migrant workers held in Kochi
According to Parvathy, CIMS had also conducted a survey among 3,345 migrant workers out of which 397 individuals (11.86%) reported wage theft.
“Majority respondents were returnees and some of them were stranded abroad, waiting for justice,” she said.
Based on the analysis of data collected from each victim, Parvathy said an amount of Rs 6,25,873,366 has to be denied to 397 returnees due to wage theft. Based on this result, each worker has been denied Rs 1,576,507 on average.
Among the 397 Kerala migrant workers who reported the issue of wage theft, 90 per cent belong to the construction sector, two per cent in manufacturing, two per cent in transportation and 2.5 per cent comprising of other sectors such as domestic work, retail and medical.
Meanwhile, Rafeek Ravuther from CIMS said that many of the Keralite migrant workers who participated in CIMS survey were sent back to India in a hurry.
“They were sent home with the promise that their pending dues will be credited to Indian accounts or abandoned in destination countries by employers,” he added.
“This has prevented the majority of them from accessing justice mechanisms available at countries of destination. It was also found that many migrant workers were afraid to report and go forward with legal action as they feared it might affect their chances for getting a job abroad in future,” he said.
He also added that there might be several factors that shape an individual to behave this way but when a migrant worker behaves this way, it is because they are ignorant about their rights and because of their lack of trust in law enforcement agencies.
National conference on wage theft of Keralite migrant workers held in Kochi
He said the Gulf returnees were denied access to justice and it is high time the governments come forward to take initiative to help the migrant workers and their families.
Lawyers from High Court and Supreme Court were also present. They addressed the conference to share their expertise on Legal Remedies for Wage Theft. Representatives from Swadesh Parkipandla, Sister Valarmathy, State Coordinator-(NDWM), Nasser.E, District Secretary, Kerala Pravasi Sangam, Gopi Chelakkara, CIMS UAE, Mohandas, (Ex Kairali Oman), Suresh Chandran, Keli. Riyadh, and Fr.Xavier, Commission for Migrants. KRLCC addressed the conference.
Tomy Mathew. Ex Secretary, TTF, delivered the vote of thanks.
