Protection Of Migrant Workers Research Articles

3.O. Scientific session: Migrant labour exploitation and health: How can research foster protection of migrant workers?

Abstract Migrant workers sustain essential industries such as the food supply chain, construction, and domestic and care work. They tend to perform onerous and risk-laden tasks at low pay without employment or health protections, and often under exploitative terms (e.g., debt bonding, piecework). Current evidence on associations between migration, employment terms and conditions, and health indicates profound inequities in work-related health outcomes for migrant workers. Although the COVID-19 pandemic highlighted these disparities and their potential social and public health implications, migrant workers continue to be overlooked by public health scholars and policymakers. Supranational regulations (such as EU directives) and national policies rarely consider migrants in their role as workers, and little research is dedicated to questions at the intersection of migration, employment, and health. The invisibility of migrant workers is also a matter of disciplinary and sectoral silos, with different aspects of migrant labour regulated separately by Ministries of Immigration, Labour, Agriculture, Health, and others. These silos create incompatible, context-contingent definitions, terminologies, and administrative categorizations, leading to inconsistent data collection and data gaps which, in turn, translate into policy blind spots. Data that are comparable across contexts and that refer to migration, employment/work and health are generally scarce. For some sectors and contexts, virtually no data exist; e.g., for migrant workers in agriculture, construction, and domestic work, and for migrant workers in low- and middle-income countries. There is barely any evidence about interventions to improve the structures that dictate migrant workers’ employment conditions or obligations of employers. Given the limited participatory research with migrant workers, we have a very poor understanding of their views and viable intervention options, and migrant workers’ voices thus also remain absent from policymaking. This workshop aims to contribute to greater visibility of - and ultimately action on - migrant labour exploitation in research and policy. To this end, it will map current challenges and shortcomings in generating evidence on the links between migration, work/employment, and health; and it will suggest ways to improve research and interventions to address migrant workers’ health, based on the speakers’ experience in developing intervention-focused evidence in different contexts. The workshop will conclude with an open discussion to identify further relevant questions and elaborate steps towards better research and greater protections for mobile worker populations. Key messages • Harm from exploitative working conditions among migrant workers is substantial, yet data collection methods and intervention designs are limited. • For public health research to effectively help protect the health and rights of migrant workers, it is essential to share methods and insights across disciplines to drive research for action.

Kerjasama Kelembagaan Antara BP2MI dan Ditjen Imigrasi dalam Pencegahan Pekerja Migran Indonesia Non Prosedural di Bandara Soekarno Hatta

The non-procedural departure of Indonesian Migrant Workers (PMI) is a serious problem in Indonesia, especially due to the high risk of exploitation and human trafficking faced by migrant workers. Soekarno-Hatta International Airport as the main departure point is a strategic location in an effort to prevent non-procedural migrant workers. Cooperation between the Indonesian Migrant Workers Protection Agency (BP2MI) and the Directorate General of Immigration is crucial in ensuring that only migrant workers who meet official procedures can depart, in order to provide more effective protection. This study uses a qualitative approach with a descriptive case study method. Data are collected through the review of policy documents. The cooperation between BP2MI and Immigration has made a significant contribution in preventing thousands of non-procedural migrant workers from going abroad. However, this study also reveals the need for increased cooperation in several aspects. Policy reforms are needed, especially in immigration policies related to the supervision and control system at the point of departure, as well as policies that regulate the protection of migrant workers, both before departure and after return. With this policy reform, it is hoped that the collaboration between BP2MI and Immigration can be more effective and sustainable in protecting migrant workers from potential exploitation and human trafficking.

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

Seminar Pekerja Migran untuk Pencegahan Modus Kerja di Luar Negeri

This study evaluates the effectiveness of the Indonesian Migrant Workers (PMI) seminar in raising community awareness in Putatgede Village. The seminar, which involved socialization and interactive discussions, successfully provided relevant information on migrant worker recruitment procedures, the risk of fraud, and protection for migrant workers. The active participation of participants from various age groups showed the high interest of the community in obtaining accurate information. Evaluation results showed an increase in participants' understanding of the importance of working through official channels and vigilance against unclear job offers.

Evaluation of Social Protection Programs to Improve the Welfare of Indonesian Migrant Workers Deported from Malaysia at the Rumah Perlindungan Trauma Center (RPTC) Tanjungpinang, Riau Islands Province

This study aims to evaluate social protection programs to improve the welfare of Indonesian Migrant Workers who are deported from Malaysia who are then provided with social protection services starting from pick-up, shelter at RPTC to repatriation to the area of origin. From the CIPP evaluation model used in this study, it was found: Context evaluation, social protection for migrant workers at RPTC is a crucial step in efforts to improve their welfare. Input evaluation, evaluation of the inputs that have been provided for the social protection of PMI at RPTC aims to measure the extent to which existing resources have been optimally utilized in improving the welfare of PMI which includes human resources, budget, facilities, policies, partnerships and information and data. In the Process Evaluation, researchers focus on activities or agendas that will or have been carried out by RPTC officers/employees. in this case the author found several processes of implementing the agenda, assisting personnel and the supervision process, namely by interviewing, validating the process and filling out questionnaires. Evaluation of results (product) is used to determine what decisions will be made next, the researcher concluded several interviews that said that this social protection service could improve the welfare of Indonesian Migrant Worker.

Quadruple Helix Model for Women Migrant Workers Protection During Natural Disaster; learn from COVID-19 protection preparations

Cross-sectoral cooperation is urgently needed in the protection of women migrant workers. Especially migrant workers from West Java who are the third largest contributor in Indonesia after East Java and Central Java. The protection of women migrant workers requires a gender sensitive approach, because each protection will have a different impact on women and men. Natural disaster made the women migrant workers were affected economically, socially, and mentally. Cross-sectoral collaboration needs to be carried out by BP2MI, private companies providing employment, civil society represented by non-governmental organizations and mass media, and academics represented by researchers. Quadruple Helix theory by (Carayannis & Campbell, 2010) is an approach in creating a synergy of cooperation from four actors, namely A (Academician), B (Businessman), C (Civil Society) and G (Government) to build cross-sectoral collaboration in West Java. A qualitative research method with descriptive exposure was used in this study. The results of the study show that the actors involved in the protection of women migrant workers have shown cross-sectoral collaboration named Migrant Worker Resources Center one-stop service (LTSA- MRC) with gender sensitivity perspectives.

Analisis Ekonomi Pekerja Migran Indonesia dalam Memilih Jenis Pekerjaan pada BP3MI Provinsi Jawa Barat

This article presents the results of economic research on Indonesian migrant workers in choosing the type of work. Primary data were obtained through a survey of prospective migrant workers managed by the Indonesian Migrant Workers Protection Agency of West Java Province. The data explored represent the economic, social, demographic, and institutional aspects of migration, with mixed data properties, namely nominal, ordinal and multinomial. The qualitative limited dependent variable (QLDV) econometric method was used to estimate the multinomial logit equation. The results of the marginal effects estimation found that education level, wage level in the destination country, lack of job opportunities in the place of residence, experience working as a migrant worker, domestic wages, and the existence of income from household members other than husband and wife explained the decision to choose the type of job to work. The probability of choosing the operator/factory occupation is 0.3954, which is greater than other occupations. With a high school education level and an overseas wage of IDR 15.26 million per month.

Third-country hiring: The case of Overseas Filipino Workers in Taiwan to Poland

This study explores the complexities of third-country serial labor migration among Filipino factory workers, specifically those moving from Taiwan to Poland—an activity deemed illegal by the Philippine government. Utilizing qualitative methods, the research conducts in-depth interviews with participants like Mae, Rick, and Justin, complemented by a key informant interview. The findings reveal a nuanced decision-making process, with participants expressing a desire for enhanced job conditions, contractual flexibility, and career advancement opportunities in Poland. Despite the Philippines' oversight and support for temporary migration, the practice of third-country hiring raises legal and ethical concerns. Without proper authorization from the Philippine government, recruiting workers through a third country is deemed illegal. To protect migrant workers, established procedures, including obtaining an Overseas Employment Certificate (OEC), are implemented to ensure lawful deployment. This study contributes to the ongoing discourse surrounding serial labor migration, providing valuable insights that can inform policy frameworks and practices aimed at enhancing the welfare and protection of migrant workers within the global labor market. Through analysis of the experiences and challenges faced by Filipino factory workers engaging in third-country migration, this research seeks to promote a deeper understanding of the complexities inherent in labor migration processes and advocate for measures to safeguard the rights and well-being of migrant workers worldwide.

Legal Protection of Migrant Workers in the Agricultural Sector in Light of Jordanian Legislation and International Labor Standards

This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.

Governance and Protection of Indonesian Migrant Workers in Malaysia

Protecting Indonesian migrant workers (IMWs) in Malaysia is a matter of great significance due to Indonesia's status as one of the primary source countries for migrant workers to Malaysia. Consequently, it necessitates the implementation of comprehensive governance measures by both nations. This paper aims to analyze the joint endeavors and collaborative frameworks established between governments of Indonesia and Malaysia. Additionally, it seeks to identify the network of policies and innovations enacted in both countries related to the protection and regulation of migrant workers. This research was enhanced through the utilization of NVivo qualitative analysis software. This article shows that efforts to protect IMWs in Malaysia involve many government institutions in both countries, especially at ministerial and departmental levels. The policies established between the two countries are also able to support the success of migrant protection, especially with the agreement between the two countries in the form of signing a Memorandum of Understanding (MoU). This MoU gave birth to innovation in digital-based migrant worker protection services, namely a "one channel system" as the only official mechanism for recruiting workers. However, at the implementation stage, this innovation has not gone well and necessitated a sincere effort from both countries in implementing it, especially Malaysia as the destination country.
 
 Keywords: Indonesian Migrant Workers, Policy Network, Innovation, Governance

Implementation of the E-TWI Application for Legal Protection, Prevention of Violations and Jobseeker in Indonesian Migrant Workers

TKI complains about various problems, namely being sent home, salaries not being paid, termination of employment before the work agreement ends, overstaying, and TKI not leaving. For this reason, it is necessary to monitor the progress of migrant workers while working abroad as well as the problems that occur in the government and among migrant workers themselves. Violations and prevention can be avoided if migrant workers know the laws, social and culture abroad, especially in Taiwan. On the other hand, TKI must know how to submit complaints to the Indonesian government, foreign governments, and closest government representatives. The problem that most often occurs is that the company terminates employment without terminating the contract, for this reason, we need an application that can help us find work before being sent home because the cost of becoming a migrant worker is very expensive. This has resulted in many illegal migrant workers, especially in Taiwan. This research targets the realization of a product in the form of the E-TWI application: Legal Protection, Prevention of Violations, and Job Search for Migrant Workers in Taiwan. Apart from that, this service product also aims to improve the quality of preventive treatment and legal protection for migrant workers in Tainan, Taiwan, reduce the budget figure for migrant workers, especially FKKBWIT members, and reduce the number of TKI who are forced to flee due to natural disasters accident lose their job. The E-TWI application: Legal Protection, Prevention of Violations and Job Search for Taiwanese Migrant Workers has features: reporting, complaints, legal and violation education, posting job vacancies to fellow workers, searching for work agents, and consulting legal and employment services.

Capacity Development: Making Village Regulations Concerning the Protection of Migrant Workers in Arjowilangun Village, Kalipare District, Malang Regency

Arjowilangun Village is situated in the Kalipare District of the Malang Regency and is a major contributor of migrant workers. In reality, the large number of workers who go abroad causes a wide range of problems, including failed departures, illness while working abroad, layoffs before the end of contracts, deceptive contracts, deportation, visa overstaying, nonpayment, and victimization by crime. In this, there is a growing need to protect the villagers of Arjowilangun through regulatory and other legal means. In numerous unfortunate occurrences, the capacity of many manpower is insufficient to comply with Village Regulations. Our Universitas Airlangga Team of Community Service has conducted training and mentoring as part of our collective effort to enhance the organizational capacity for addressing the needs of the community. Particularly, the UNDP's Capacity Development frameworks guided our community service, including engaging stakeholders on capacity development, assessing capacity assets and needs, developing a capacity development response, putting that response into action, and evaluating capacity development. Our service was attended by 37 individuals, including village officials, members of the village representative body, former migrant workers, migrant workers' families, and community leaders. The community service reveals that the knowledge gained as a result of the capacity building efforts was substantial, allowing village leaders in Arjowilangung and other diverse parties to draft local regulations to protect migrant workers. The service and dedication of those involved in both the mentoring and training programs have a significant impact on this, with the support and additional motivation of the village apparatus ensuring that migrant workers receive the best possible services and safety.
 
 

Strengthening Migrant CARE: A Comprehensive Approach to Ensure Worker Protection and Safeguard the Rights of Indonesian Migrants

Objective: Indonesia consistently sends Indonesian Migrant Workers (PMI) overseas as part of a policy to expand job opportunities despite numerous vulnerable cases. These instances range from workers not being paid their due wages to cases of violence, some of which tragically culminate in death. Economic conditions stand out as significant among the factors contributing to this situation. These conditions often serve as an attraction for the workers, highlighting the complexity of the issue. Ensuring the protection of migrant workers is also vital for the government, self-sustaining community institutions, and non-governmental organizations. This shows that the realization of worker rights protection requires urgent collaboration with various entities, such as Migrant CARE, a non-governmental organization actively contributing to the government's efforts in protecting migrant workers. Methodology: Therefore, this study aims to determine the role of Migrant CARE as a non-governmental agency in protecting workers, using a qualitative methodology through literature studies and documentation. Findings: The results showed that Migrant CARE played a role in the protection of migrant workers through their patterns as creators and channels of knowledge via the analysis conducted on the issue of safety. This organization actively criticized government policies and contributed to the provision of public services through advocacy and policy implementation. Implications/Value: It also suggested that the Indonesian government should strengthen the existing regulations related to the protection of migrant workers for a more comprehensive and accessible approach to resolving the issues encountered by migrant workers.

Social Security Provision for International Migrant Workers: Comparing Indonesia and the Philippines

Despite migrant workers’ contribution to economic development, their social security protection remains inadequate. This article examines social security provisions for Indonesia’s international migrant workers and compares them with another labor-sending country, namely the Philippines using a desktop study. The Philippines is interesting to discuss due to their recognition as role model in managing labor migration and providing excellent social security protection for their national abroad. The purpose of this thesis is to answer the research question on how do Indonesia and the Philippines manage social security programs for their international migrant workers? What can Indonesia learn from the Philippines? This study demonstrates that both countries have implemented several schemes to protect migrant workers. Indonesia has provided a range of social security programs with the operation of a special insurance scheme under BPJS Ketenagakerjaan. The Philippines has covered their migrant workers through social insurance schemes under SSS, OWWA, and PhilHealth. The Philippines also complements its national scheme with bilateral social security agreements. It is concluded that Indonesia’s social security protection for migrant workers is still lagging behind the Philippines. Indonesia is considered inadequate to extend the protection for their nationals abroad due to a lack of bilateral social security agreements with receiving countries, which eventually hinders the portability of benefits for the migrant workers. While bilateral social security agreements are significant instruments for the Philippines ensure overseas Filipino workers acquire appropriate social security benefits in the receiving countries and enjoy the portability of social security benefits.

Indonesian Migrant Workers After Job Creation Law: A Challenging Problem for Protection Welfare

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Job Creation Law has severely impacted the protection of foreign workers with changes to the Company Permit for Placement of Indonesian Migrant Workers (SIP3MI). This research aims to analyze changes to SIP3MI and its impact on the licensing mechanism for Indonesian migrant workers, which is related to the implementation of supervision of migrant workers as a juridical-administrative consequence of SIP3MI issuance. The research methodology used in this paper is a normative legal research method with a statue approach and conceptualization of legal protection, licensing, supervision, labour, and social justice to realize the protection of migrant workers when contracting and completing contracts. This research indicates an urgency for the government to protect migrant workers, seeing the increase in the number of migrant workers and complaints. The SIP3MI regulation, degrades the concept of protecting Indonesian migrant workers. The change in providing SIP3MI information from the relevant Ministry to the authority of the Central Government and being equated with Business Licensing thus changes the mechanism for issuing permits, which could severely impact the implementation of supervision and protection of Indonesian migrant workers. Therefore, the protection of migrant workers is no better than before the publication of the Omnibus Law. Legal certainty is needed to provide protection. Equating SIP3MI with business licensing is quite controversial and has the potential to create legal protection for migrant workers who are increasingly being pushed into a corner.</p></td></tr></tbody></table></div>

Labour migration market and policy failure: A comparative study of the Philippines and Nepal

AbstractLabour migration is one of many strategies adopted by developing countries to achieve economic growth, but its success varies across countries. Migrant workers often face issues related to their welfare and protection at their workplace due to information asymmetries and power imbalances in the labour market. This study compares the policies and initiatives of the Philippines and Nepal, aligning them with the Decent Work agenda of the Sustainable Development Goals. The study's findings underscore the importance of considering various factors that impact the welfare and protection of migrant workers to achieve sustainable socio‐economic growth in labour sending countries.

Health and safety of labor migrants in food industries during Covid-19: Germany, Netherlands and USA

Abstract During the Covid-19 pandemic, migrant workers in the food supply chain (FSC) were deemed an essential workforce. At the same time, they were particularly exposed to risks as shown by Covid-19 outbreaks, for example in meat-processing plants. The pandemic has thus highlighted preexisting inequities related to precarious migrant labor in the FSC. We use the Covid-19 pandemic as a showcase to comparatively examine occupational safety and health (OSH) protection gaps for migrant workers in agriculture and meat-processing in Illinois/USA, the Netherlands, and North-Rhine Westphalia/Germany. We conducted harmonized policy analyses of OSH policies for migrant workers generally, and of pandemic measures specifically. The policy analysis was complemented by expert consultations. The Covid-19 syndemic has prompted OSH measures in horticulture and meat-processing. However, our analysis demonstrates the reliance of FSC industries on various precariously employed worker groups. Intersecting health-, work- and migration-related factors led to poor adaptation of policies for some of these groups, including instances where protective measures excluded them or exacerbated their marginalization. Our analysis shows how influence peddling prevents better protection of workers in some contexts. But it also identifies positive policy changes; for instance the prohibition of subcontracting in meat-processing in Germany. Across different contexts, agriculture remains problematic, with major evidence gaps on migrant workers’ conditions. Comprehensive improvements in the social and health protection of migrant workers in FSC industries will require tackling the structural causes of migrant workers’ exploitability, including low visibility, racial capitalism and cronyism; intersectoral action on OSH; stronger enforcement; and firewalling data exchange between OSH and immigration agencies.

The effect of human educational capital on health entitlement acquisition among migrant workers in China: evidence from the 2018 China Migrants Dynamic Survey

PurposeThis paper employs nationwide, large-scale field survey data to provide the first empirical evidence on the impact of human educational capital on the acquisition of health entitlement among Chinese migrant workers. The findings of this study hold significant practical implications for the formulation of policies aimed at improving the health protection of migrant workers, as well as for socioeconomic policies during China's transitional period.Design/methodology/approachUsing the IVProbit model, this research examines how human educational capital influences the attainment of health entitlement among migrant workers in China by analyzing the impact and mechanism of education on health entitlement. The study is based on the China Migrants Dynamic Survey (CMDS) data from 2018, which include 100,177 observations.FindingsFor migrant workers in China, higher levels of education have a significant positive effect on the acquisition of health entitlements, including medical insurance, health records and health education. The positive impact of human educational capital on health entitlements is more significant for non-provincial cities and young-generation migrant workers. The results also show that human educational capital can influence the acquisition of health entitlements through mediators such as financial status, social integration and health status.Originality/valueThis study represents the first empirical attempt to evaluate the influence of human educational capital on the access of migrant workers in China to health rights and interests. Additionally, the study develops a theoretical framework to examine how the impact of human educational capital varies across migrant workers with different characteristics and their access to health entitlements.

Perlindungan Hukum terhadap Tenaga Kerja Indonesia yang Bekerja di Luar Negeri Berdasarkan Prinsip Negara Hukum

The low level of education of migrant workers working abroad often makes the fate of migrant workers less favorable. Although this is not entirely true, those affected by the calamity of injustice treatment that are detrimental to most of those with less education. The level of education will also greatly affect language acquisition, access to technological information and the culture in which they work, especially for migrant workers who work in institutions or institutions, such as hospitals, restaurants, shops, and other institutions that make language as a means of communication is a very crucial issue. This means the quality of education is an important factor in consideration in sending workers abroad. The meaning and significance of work for everyone is reflected in the 1945 Constitution Article 27 paragraph (2) states that every Indonesian citizen has the right to work and a decent living for humanity. The migrant worker placement program abroad is one of the efforts to overcome the unemployment problem. The role of the government in this program focuses on aspects of development, protection and providing various facilities to related parties, especially migrant workers and Private Indonesian Labor Placement Implementers (PPTKIS). If you have obtained permission from the government to carry out migrant worker placement services abroad in accordance with Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad. In terms of protection for migrant workers, the right to protection starts from pre-placement, placement period, until post-placement.

Indonesia’s pro-people foreign policy: the protection of Indonesian women migrant workers in Malaysia in 2022

This study investigates the Indonesian government's strategies to safeguard its informal sector in Malaysia, which has experienced considerable human rights violations and exploitation. Such incidents breach both the Memorandum of Understanding (MoU) and Law No. 18 of 2017 on the Indonesian migrant workers' protection. Utilizing the pro-people foreign policy theory and the citizen protection concept, this research explores the government's responses to these issues as a protective measure for its citizens. Employing a qualitative descriptive method, data was gathered through library studies. The findings reveal that the Indonesian government, in its bid to protect indonesian women migrant workers in malaysia by 2022, has publicly criticized the Malaysian government, implemented a Moratorium, and pushed for immediate bilateral meetings between the two nations. Hence, the study concludes that these efforts have positively influenced the protection of indonesian women migrant workers in malaysia in 2022