1. Incorporating Rights Protection Mechanisms into Temporary Worker Programs: Experiences, Lessons Learned, Challenges, and Possibilities Regional Conference on Migration Dominican Republic April 28-29, 2011

2. 2 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

3. 3 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

4. 4 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.)

5. 5 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

6. 6 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

7. 7 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.

8. 8 Thank-You / Merci www.hrsdc-rhdcc.gc.ca www.hrsdc.gc.ca/eng/workplaceskills/foreign_work ers/index.shtml