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Metropolis Policy Research Seminar on Temporary Migration: “Should I Stay or Should Go?” Ottawa, March 12, 2008 ‘Should I Stay or Should I Go?’ It depends. Elements of Good Practice in Managing Temporary Foreign Workers Jobst Koehler Research and Publication Division IOM, Geneva Outline 1) IOM and Labour Migration 2) Temporary Foreign Worker Programmes (TFWPs) and their Admission Policies 3) Making TFWPs Feasible: • • Ensuring return Guaranteeing fair treatment 4) Making TFWPs Development-Friendly 5) Conclusion What is IOM? • An intergovernmental, non-profit organization established in 1951, IOM is committed to the principle that humane and orderly migration benefits migrants and society •122 Members and 91 observers including 20 States and 71 global and regional Intergovernmental organizations and Non-Governmental Organizations. IOM and Labour Migration IOM’s purpose in labour migration is to facilitate the development of policies and programmes that can individually and mutually benefit the concerned governments, migrants and society by: – Providing effective protection and services to labour migrants and their dependants; – Promoting economic and social development; – Promoting forms of labour mobility as an alternative to resorting to irregular migration. IOM Services facilitating labour migration 9. M o n i t o r i n g 2 Database and Registration of potential workers 3 Recruitment Order 4 Selection 1 Information dissemination LABOUR MIGRATION OPPORTUNITIES 5 Pre-departure Services 8 Return and Reintegration 7 Reception, Post Arrival & Emp. 6 Travel and Transit Assistance Scope of Labour Migration Activities Globally • The Labour Migration Division currently has 47 active labour migration projects as of February 2007 • Labour migration projects exist to cater to the needs of countries of origin, destination and migrants • Globally, the majority of IOM projects are located in Asia (Colombo process), South America, and Europe. • Addressing the labour migration needs for Africa is a key objective of the Labour Migration Division • Policy tools relating to labour migration (e.g. Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination) Temporary Foreign Worker Migration Working Holiday Makers 2003 2004 2005 France Germany Italy 0.1 0.3 0.4 Seasonal Workers 2003 2004 2005 14.6 15.7 16.2 309.5 324.0 320.4 68.0 77.0 70.2 2004 2005 10.2 10.0 10.5 43.9 34.2 21.9 143.7 146.6 110.2 7.2 8.3 11.9 2.9 40.3 43.7 44.3 15.7 98.0 113.4 111.2 Japan Republic of Korea New Zealand 20.7 21.4 29.0 United Kingdom 46.5 62.4 56.6 19.8 Other Temporary Workers 2003 United 29.9 31.8 31.9 192.5 221.8 218.6 [1] StatesSource: OECD (2007: 52), compiled from residence and work permit data Temporary Worker and TFWPs Categories of temporary workers Admission programmes Frontier Workers Seasonal Workers Contract Workers Guest Workers Professional and technical workers Intra-Company Tansferees Working Holiday Makers Occupational trainees/Apprentices Entertainers/Athletes Service providers/sellers Self-Employed Students Au Pairs Trainees and apprentices Seasonal agriculture Youth or student programme Working holiday makers Points System Priority occupations Special sector Facilitated entry Intra-company transferees TFWPs: Admission Policies (I) Temp. Worker Admiss. Program Occupation al Trainees/ap prentices Seasonal Workers Abella 2006 Seasonal Agriculture Youth/ student Program Pre-entry Control Selection Variables Condition Other controls Bilateral Country of Agreement Origin s (BLA) (CoOs) Industry Training Max no Allowance Accommodation Return No change of status No family Quotas/ BLAs LM Tests Wage Housing Med Insur. Return No family No. CoOs Age Education TFWPs: Admission Policies (II) Temp. Worker Admiss. Program Pre-entry Control Contract/ Project Workers Work Permit Unskilled Work Permit Working Holiday Makers Abella 2006 Selection Variables Condition Other controls BLA; CoOs Contract. Regulation Industry LM test Project Employee of Contractor; No Change of Employer Financial Security Bonds; Employer responsible for return Quotas/ BLAs; LM Tests Duration of Foreign Stay Workers levy; Return No change of status; Bonds No. CoOs Making TFWPs Feasible Two issues need to be resolved: Ensure return Guarantee fair treatment of temporary o Need to avoid labour market distortions and structural dependence Making TFWPs Feasible: Ensuring Return (I) Policies for encouraging and enforcing return Carrots Sticks • Prospect of permanent residency/employment • Financial Security Bonds • Options for re-entry (Reporting obligations) • Quota systems • Mandatory saving schemes • Strict enforcement of immigration laws Making TFWPs Feasible: Ensuring Return (II) “Carrots”: • Granting flexibility for obtaining longer worker permits e.g. Italy- after two years of seasonal employment, 3 years work permit; Spain’s “T” permit- after 4 years in total. • Option of re-entry can help migrants to maintain networks e.g. Swiss Seasonal Worker Schemes- 70% return. • Re-entry on conditions of reporting to consulate authorities (e.g. Spain) • Sponsor rating according to compliance with reporting obligations and immigration conditions (e.g. UK’s Points-based System) • Quota systems as incentive for sending countries to cooperate on return of visa overstayers: e.g. “privileged nationality” quota in Italy and UK former Sector-Based Scheme. Making TFWP Feasible: Ensuring Return (III) “Sticks”: • Employers are required to purchase security bond which is confiscated if migrant labour employees overstay permit e.g. Greece, Israel, Malaysia, Singapore and Taiwan. • Migrant workers are required to pay a proportion of their earnings into a fund redeemable upon return (special saving accounts): e.g. in Taiwan and selectively UK. • Standard methods of enforcing “temporariness” are expulsion: e.g. EU granting “period of voluntary return” with possibility of re-entry. Making TFWPs feasible: Ensuring Fair Treatment • Facilitated the travel to destination country and on return to country of origin; • Minimum wage guarantees and safe working conditions; • Access to health care and social protection; the provision of suitable accommodation; • Monitoring or inspection mechanisms to ensure that the promised employment and living conditions are being met. Making TFWPs Development-Friendly (I) Development-sensitive approach to recruitment: • Targeting the poor and low-skilled in Country of Origin (CoOs); • Developing skills through pre-departure orientation and training; e.g. regional authorities in Spain, France, and Italy provide “training abroad” schemes where workers are trained before accessing labour market. • Sensitive to CoOs own seasonal demand for labour. Making TFWPs Development-Friendly (II) Leveraging remittances and encouraging productive return: • Dissemination of information on remittance services and options via pre-departure orientation and in Migrant Resources Centres established in countries of destination • Matching investment of remittances in livelihoods and businesses with training, credit and advice e.g. IOM/UNDP project in Tajikistan: business and agricultural loans were extended to labour migrant households investing in matching amount from remittances. Conclusions (I) • Many types of temporary labour migration programme: • Those that admit temporary workers to fill temporary jobs • Those that admit temporary workers to fill yeararound/permanent jobs • Those that admit probationary immigrants. • Some TFWPs allow for greater fexibility in determining periods of stay • Greater experimentation with economic incentives of return or offering attractive investment opportunities in CoOs. • Policy incentives may not have significant impact on decisionmaking of migrants if information on policies is not accessible for the target population. Conclusions (II) • Cooperation with CoOs is necessary for effective implementation of TFWPs. • Important to bear in mind that policy interventions are only one of a number of factors considered by migrants to return (e.g. conditions in home and destination country, personal characteristics). • Better understanding of benefits of TFWPs through monitoring, evaluation and research. Conclusions THANK YOU FOR YOUR ATTENTION! Queries to: [email protected]