Building Blocks for the Establishment of Temporary Labour Migration Programs
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Building Blocks for the Establishment of Temporary Labour Migration Programs. 2nd RCM Workshop on Temporary Migrant Workers Programs Santo Domingo, Republica Dominicana, April 28-29, 2011. Purpose.

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Building Blocks for the Establishment of Temporary Labour Migration Programs

2nd RCM Workshop on Temporary Migrant Workers Programs

Santo Domingo, Republica Dominicana, April 28-29, 2011


Purpose Migration Programs

  • Creating a temporary foreign worker program requires governments to work through a series of steps and to make decisions.

    • Establish the key questions that a country needs to address in order to structure and build a Temporary Labour Migration Program (TLMP)

    • Focus only on the essentials at this stage

    • Each question raises specific issues for the operation and management of a TLMP, but these are a next step after the initial structure is laid out


Key questions
Key questions Migration Programs

  • What are the goals of a TLMP?

  • What are the legal rules surrounding entry for migrant workers?

  • What is the legal status of a migrant worker?

  • What worker protection mechanisms exist?

  • What is the role of employers?

  • What are the labour market needs?

  • How to meet labour market needs with a TLMP?

  • Will sending countries play a role?


What are the goals of a TLMP? Migration Programs

  • Addressing labour needs of employers and industry and support economic growth?

  • Protecting the domestic labour market?

  • Protecting the integrity of the immigration system - provide a legal avenue and protection for existing migrant movements?

  • Temporary or permanent programs - structural and ongoing needs?


What are the legal rules surrounding Migration Programs

entry for migrant workers?

  • Options depend on existing legal system and purpose of the TLMP

    • Specific legislation or adding to existing laws?

    • Programs established under mandates of ministries or other?

    • Are rules “transparent”?

      • are they clearly spelled in law / prescriptive legislation?

      • Or based mostly on regulations, policies, guidelines or other more flexible mechanisms?

    • What is the capacity to enforce provisions?

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What is the role of employers? Migration Programs

  • Open to all employers or limited?

  • Sector-based, coordinated, individual?

  • Requirements/fees/costs on employers for hiring of temporary migrants?

  • Employer registries?

  • Monitoring and compliance frameworks?


What are the labour market needs? Migration Programs

  • High-skilled, semi-skilled, and/or lower-skilled?

  • Driven by employer demand or migrant workers’ arrival?

  • Seasonal or ongoing?

  • Other?


How to meet labour needs with a TLMP? Migration Programs

  • Labour market needs raise operational questions. For example:

  • Open to all occupations or limited?

  • Numbers respond to employer demand or limited?

  • Labour market tests / proof of need (case-by-case or open admissions)?

  • What skill or education levels are needed?

  • Same criteria for all skill levels or variations?


What is the legal status of a migrant worker? Migration Programs

  • What document is provided to migrant workers guaranteeing their status?

  • Do work permits open or tied to a specific employer/ occupation?

  • Do migrant workers have the same rights that are enjoyed by local workers?

  • Are migrant workers paid the same as domestic workers?

  • Do migrant workers pay tax?

  • What access do migrants workers have to domestic health and social services?


What worker protection mechanisms exist? Migration Programs

  • Same labour protections as country nationals or limited?

  • Awareness of protections by temporary migrants?

  • Access to recourse mechanisms by temporary migrants?

  • Role of interested parties (e.g. source country governments, international organizations, labour unions, advocacy groups)


Will sending countries play a role? Migration Programs

  • Formal or informal relationship with receiving countries?

  • Role in promotion and recruitment in receiving country?

  • Role in assisting nationals during employment abroad?

  • Programs for returning workers? (Development, health monitoring, etc.)


Each question and each stage of a LMTP raises its own set of questions and options

  • For example

  • Is movement solely temporary or are there pathways to permanent residence?

  • Will third parties and labour recruiters play a role?

  • Tracking, monitoring and employment information systems and sharing?

  • Will resources allow monitoring and enforcement mechanisms, and how will rules be enforced?

  • Single ministry or multiple ministries or agencies?


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