RESEARCH AND POLICY BRIEF | Avenues for exploited migrant workers to remain in their country of employment to pursue labour remedies
Exploited migrant workers often don't raise complaints because they fear losing their visa or being deported. There is generally no opportunity for migrant workers to pursue wage claims at the end of their stay because they are required to immediately leave the country. As a result, abusive employers are never held to account, and the vast majority return home without the wages they are owed. Pursuing claims after they leave is extremely difficult.
Governments must change this situation by reforming migration laws and policies that prevent migrant workers from taking action. Our new 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.
These provide models – and cautionary lessons – on which governments and advocates can draw to design migration reforms that effectively provide exploited migrant workers with access to justice.
It is accompanied by a more detailed case study of recent advances in the United States. These include new policies enabling 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 - with certification from local, state and federal labour agencies and other enforcement bodies