Avenues for exploited migrant workers to remain in the country of employment to pursue labour remedies
This Research and Policy Brief considers migration frameworks that would enable migrant workers to safely speak up, leave abusive employers without losing their visa, or temporarily remain in their country of employment at the end of their stay in order to recover the wages they are owed and hold abusive employers to account.
Migrant workers commonly suffer wage theft in silence because if they take action, they could lose their visa or be deported. Many only feel safe to initiate a claim for the wages they are owed once their employment, work permit and residence come to an end. However at that point, they are required to leave the country. Undocumented workers almost never raise labour violations for fear of detection and deportation. In general, it is extremely difficult for migrant workers to pursue a claim for unpaid wages once they leave their country of employment. As a result, abusive employers are never held to account, and the vast majority of migrant workers never recover the wages they are owed.
This Research and Policy Brief considers migration frameworks that would enable migrant workers to safely speak up, leave abusive employers without losing their visa, or temporarily remain in their country of employment at the end of their stay in order to recover the wages they are owed and hold abusive employers to account.
The Brief includes current examples of
visa portability for exploited migrant workers to bring claims and find a new sponsor,
short term visas with work rights to pursue wage claims at the end of a migrant worker’s stay,
deferral of removal (with work rights) for undocumented workers who pursue labour claims, and
visas for victims of trafficking and criminal wage theft and exploitation to pursue civil labour claims.
It is accompanied by a more detailed case study of recent advances in the United States which enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims.
CASE STUDY | Protecting Noncitizen Workers Who Address Labour Violations: Recent Advances in the United States
A case study of recent advances in the United States which enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims.
A case study of recent advances in the United States. These include new policies that enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims, certified by local, state and federal labour agencies and other enforcement bodies.
Breaking the Silence: A Proposal for Whistleblower Protections to Enable Migrant Workers to Address Exploitation
Led by the Migrant Justice Institute and Human Rights Law Centre, the Breaking the Silence proposal urges the Federal government to establish whistleblower protections that would enable migrant workers to report exploitation without risking their visa.
Breaking the Silence: A Proposal for Whistleblower Protections to Enable Migrant Workers to Address Exploitation
Led by the Migrant Justice Institute and Human Rights Law Centre, the Breaking the Silence proposal urges the Federal government to establish whistleblower protections that would enable migrant workers to report exploitation without risking their visa. The proposal is endorsed by a national coalition of over 40 legal service providers, unions, ethnic community peak bodies, churches, and national organisations.
Migrant workers generally endure exploitation in silence for fear of jeopardising their visa or ability to stay in Australia. The proposed reforms in Breaking the Silence include:
A protection against visa cancellation for exploited migrant workers who take action against their employer and have breached their work conditions;
A short-term visa to allow exploited migrant workers to remain in Australia and pursue a claim against their employers, with visa security and the ability to work.
Explainer: Wage Theft and Migrant Workers - Why Government and Business Systems are Failing
Migrant workers are routinely subjected to wage theft throughout the world. Most unpaid workers will never recover their wages because government and business systems fail them.
In partnership with Solidarity Center, The ILAW Network and MIDEQ, Migrant Justice Institute has produced a short Explainer for governments, business and advocates to support advocacy for reform. Based on extensive empirical research in different global regions, it provides accessible answers to key questions:
What is wage theft and what forms can it take?
Why do employers systemically underpay migrant workers?
How is wage theft related to forced labour and modern slavery?
Why don’t migrant workers report wage theft and bring claims against employers? What barriers are created by migration laws, and why don’t labour claim systems work for migrant workers?