what is an migrant workers essay

Top of page

Collection Voices from the Dust Bowl: the Charles L. Todd and Robert Sonkin Migrant Worker Collection, 1940 to 1941

The migrant experience.

A complex set of interacting forces both economic and ecological brought the migrant workers documented in this ethnographic collection to California. Following World War I, a recession led to a drop in the market price of farm crops and caused Great Plains farmers to increase their productivity through mechanization and the cultivation of more land. This increase in farming activity required an increase in spending that caused many farmers to become financially overextended. The stock market crash in 1929 only served to exacerbate this already tenuous economic situation. Many independent farmers lost their farms when banks came to collect on their notes, while tenant farmers were turned out when economic pressure was brought to bear on large landholders. The attempts of these displaced agricultural workers to find other work were met with frustration due to a 30 percent unemployment rate.

At the same time, the increase in farming activity placed greater strain on the land. As the naturally occurring grasslands of the southern Great Plains were replaced with cultivated fields, the rich soil lost its ability to retain moisture and nutrients and began to erode. Soil conservation practices were not widely employed by farmers during this era, so when a seven-year drought began in 1931, followed by the coming of dust storms in 1932, many of the farms literally dried up and blew away creating what became known as the "Dust Bowl." Driven by the Great Depression, drought, and dust storms, thousands of farmers packed up their families and made the difficult journey to California where they hoped to find work. Along with their meager belongings, the Dust Bowl refugees brought with them their inherited cultural expressions. It is this heritage that Charles L. Todd and Robert Sonkin captured on their documentation expedition to migrant work camps and other sites throughout California.

Why did so many of the refugees pin their hopes for a better life on California? One reason was that the state's mild climate allowed for a long growing season and a diversity of crops with staggered planting and harvesting cycles. For people whose lives had revolved around farming, this seemed like an ideal place to look for work. Popular songs and stories, circulating in oral tradition for decades (for more on this topic see " The Recording of Folk Music in Northern California " by Sidney Robertson Cowell), exaggerated these attributes, depicting California as a veritable promised land. In addition, flyers advertising a need for farm workers in the Southwest were distributed in areas hard hit by unemployment. An example of such a flyer, publicizing a need for cotton pickers in Arizona, is contained in Charles Todd's scrapbook . Finally, the country's major east-west thoroughfare, U.S. Highway 66 -- also known as "Route 66," "The Mother Road," "The Main Street of America," and "Will Rogers Highway" -- abetted the westward flight of the migrants. A trip of such length was not undertaken lightly in this pre-interstate era, and Highway 66 provided a direct route from the Dust Bowl region to an area just south of the Central Valley of California.

Although the Dust Bowl included many Great Plains states, the migrants were generically known as "Okies," referring to the approximately 20 percent who were from Oklahoma. The migrants represented in Voices from the Dust Bowl came primarily from Oklahoma, Texas, Arkansas, and Missouri. Most were of Anglo-American descent with family and cultural roots in the poor rural South. In the homes they left, few had been accustomed to living with modern conveniences such as electricity and indoor plumbing. The bulk of the people Todd and Sonkin interviewed shared conservative religious and political beliefs and were ethnocentric in their attitude toward other ethnic/cultural groups, with whom they had had little contact prior to their arrival in California. Such attitudes sometimes led to the use of derogatory language and negative stereotyping of cultural outsiders. Voices from the Dust Bowl illustrates certain universals of human experience: the trauma of dislocation from one's roots and homeplace; the tenacity of a community's shared culture; and the solidarity within and friction among folk groups. Such intergroup tension is further illustrated in this presentation by contemporary urban journalists' portrayals of rural life, California farmers' attitudes toward both Mexican and "Okie" workers, and discriminatory attitudes toward migrant workers in general.

Todd and Sonkin also held recording sessions with a few Mexican migrants living in the El Rio Farm Security Administration (FSA) camp. Unfortunately, the glass-based acetate discs on which the Spanish-language musical performances were recorded did not survive. However, photos from El Rio and interviews with Jose Flores and Augustus Martinez provide a glimpse into the lives and culture of non-Anglo farm workers. This material illustrates that Mexican immigrants had long been an integral part of agricultural production in the United States and were not newcomers on the scene even in 1940. In fact, when the Dust Bowl families arrived in California looking for work, the majority of migrant farm laborers were either Latino or Asian, particularly of Mexican and Filipino descent. Voices from the Dust Bowl is particularly relevant for us today since it demonstrates that living and working conditions of agricultural migrant laborers have changed little in the intervening half century.

California was emphatically not the promised land of the migrants' dreams. Although the weather was comparatively balmy and farmers' fields were bountiful with produce, Californians also felt the effects of the Depression. Local and state infrastructures were already overburdened, and the steady stream of newly arriving migrants was more than the system could bear. After struggling to make it to California, many found themselves turned away at its borders. Those who did cross over into California found that the available labor pool was vastly disproportionate to the number of job openings that could be filled. Migrants who found employment soon learned that this surfeit of workers caused a significant reduction in the going wage rate. Even with an entire family working, migrants could not support themselves on these low wages. Many set up camps along irrigation ditches in the farmers' fields. These "ditchbank" camps fostered poor sanitary conditions and created a public health problem.

Arrival in California did not put an end to the migrants' travels. Their lives were characterized by transience. In an attempt to maintain a steady income, workers had to follow the harvest around the state. When potatoes were ready to be picked, the migrants needed to be where the potatoes were. The same principle applied to harvesting cotton, lemons, oranges, peas, and other crops. For this reason, migrant populations were most dense in agricultural centers. The territory covered by Todd and Sonkin in this project ranged from as far south as El Rio, just north of Oxnard, to as far north as Yuba City, north of Sacramento. Much of the documentation was concentrated in the San Joaquin Valley.

The Arvin Migratory Labor Camp was the first federally operated camp opened by the FSA in 1937 and the starting point of the Todd/Sonkin expedition . The camps were intended to resolve poor sanitation and public health problems, as well as to mitigate the burden placed on state and local infrastructures. The FSA camps also furnished the migrants with a safe space in which to retire from the discrimination that plagued them and in which to practice their culture and rekindle a sense of community. Although each camp had a small staff of administrators, much of the responsibility for daily operations and governance devolved to the campers themselves. Civil activities were carried out through camp councils and camp courts. Proceedings of council meetings and court sessions can be found among the audio files in this online presentation. Project fieldnotes provide further information about the composition, operation, and context of these bodies as well as details about camp occupancy and organization.

When they were not working or looking for work, or tending to the civil and domestic operations of the camp, the migrants found time to engage in recreational activities. Singing and making music took place both in private living quarters and in public spaces. The music performed by the migrants came from a number of different sources. The majority of pieces belong to the Anglo-Celtic ballad tradition. Songs such as " Barbara Allen ", " The Brown Girl ", " Nine Little Devils ", " Father Rumble ", " Lloyd Bateman ", " Pretty Molly ", and " Little Mohee " all reflect this tradition. Gospel and popular music are other sources from which migrants took their inspiration. The minstrel stage, tin pan alley, early country, and cowboy music were all popular music sources that fed the performers' repertoires. The works of the Carter Family, Jimmy Rodgers, and Gene Autry were particular favorites of the migrants. Although all the music in this collection gives us a sense of the informants' cultural milieu, those pieces that document the migrant experience are especially poignant. Songs like Jack Bryant's " Sunny Cal " and Mary Sullivan's ballads " A Traveler's Line " and " Sunny California " all speak of hardship, disappointment, and a deeply cherished wish to return home. In addition to songs and instrumental music, the migrants enjoyed dancing and play-party activities (singing games accompanied by dance-like movements). Included in this online presentation are square dance calls, such as " Soldier's Joy " and " Sally Goodin ", and play-party rhymes like " Skip to My Lou " and " Old Joe Clark ." Newsletters produced by camp residents provided additional details about camp social life and recreational activities.

As World War II wore on, the state of the economy, both in California and across the nation, improved dramatically as the defense industry geared up to meet the needs of the war effort. Many of the migrants went off to fight in the war. Those who were left behind took advantage of the job opportunities that had become available in West Coast shipyards and defense plants. As a result of this more stable lifestyle, numerous Dust Bowl refugees put down new roots in California soil, where their descendants reside to this day. Voices from the Dust Bowl provides a glimpse into the everyday life and cultural expression of a group of people living through a particularly difficult period in American history. Charles L. Todd's articles " The Okies Search for a Lost Frontier " and " Trampling out the Vintage: Farm Security Camps Provide the Imperial Valley Migrants with a Home and a Hope " give an overview of the historical, economic, and social context in which this collection was created.

Robin A. Fanslow American Folklife Center Library of Congress April 6, 1998

Home — Essay Samples — Social Issues — Human Migration — The Life of Migrant Workers during The Great Depression

The Life of Migrant Workers During The Great Depression

Categories: Human Migration

About this sample

Words: 1217 |

Published: Mar 1, 2019

Words: 1217 | Pages: 3 | 7 min read

Cite this Essay

Let us write you an essay from scratch

450+ experts on 30 subjects ready to help
Custom essay delivered in as few as 3 hours

Get high-quality help

Prof Ernest (PhD)

Verified writer

Expert in: Social Issues

+ 120 experts online

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy . We’ll occasionally send you promo and account related email

No need to pay just yet!

Related Essays

6 pages / 2768 words

3 pages / 1475 words

2 pages / 825 words

2 pages / 1031 words

Remember! This is just a sample.

You can get your custom paper by one of our expert writers.

121 writers online

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

Related Essays on Human Migration

Immigration has long been a topic of debate and discussion in many countries, with concerns often focused on issues such as cultural integration and the strain on public resources. However, it's essential to recognize that [...]

Immigration is a complex and divisive issue that has been at the forefront of political debates in many countries. The question of whether immigration laws should be reformed is one that requires careful consideration and [...]

The 1998 film The Parent Trap, directed by Nancy Meyers, is a classic family comedy that tells the story of identical twin sisters, Annie and Hallie, who are separated at birth when their parents divorce. The two girls [...]

When we think of dangerous ocean predators, one of the first creatures that come to mind is the shark. Sharks are known for their powerful jaws, razor-sharp teeth, and incredible speed. While it is true that sharks can be [...]

December 13, 2017 Professor Ozgercin DACA 1 On June 15, 2012 President Barack Obama gave a brief speech on a new Department of Homeland Security Immigration policy. This new policy will benefit thousands of undocumented students [...]

Population movements have been a constant feature of the evolution of human civilisation. But, in the last hundred years the world has witnessed many events responsible for global displacement of people on an unprecedented scale [...]

Get Your Personalized Essay in 3 Hours or Less!

We use cookies to personalyze your web-site experience. By continuing we’ll assume you board with our cookie policy .

Instructions Followed To The Letter
Deadlines Met At Every Stage
Unique And Plagiarism Free

This website uses cookies

The only cookies we store on your device by default let us know anonymously whether you have seen this message. With your permission, we also set Google Analytics cookies. You can click “Accept all” below if you are happy for us to store cookies (you can always change your mind later). For more information please see our Cookie Policy .

Google Analytics will anonymize and store information about your use of this website, to give us data with which we can improve our users’ experience.

Created in partnership with the Helpdesk on Business & Human Rights

Migrant Workers

If you have questions, feedback or you're looking for further help in protecting human rights, please contact us at

[email protected]

Who are Migrant Workers?

A migrant worker is a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which they are not a national [1] (information on internal migrant workers is included in a separate call-out box below). Migrant labour is work undertaken by individuals, families or communities who have moved from abroad. Migrant workers contribute to growth and development in their ‘host’ countries or regions, while countries or regions of origin benefit from the skills these workers gather while away, and from any taxes or remittances sent ‘home’.

Migrant workers often face challenges to and abuse of their human and labour rights in the workplace due to discrimination against them. This can occur in many ways, such as:

Unfair recruitment practices, such as charging fees, requiring migrants to put up a bond, or giving misleading or incorrect information about a promised job;
Trafficking or smuggling workers across borders for work, and/or entering the worker into forced labour in the new destination;
Unequal access to employment rights, remuneration, social security, trade union rights, employment taxes or access to legal proceedings and remediation; and
Workplace racism or discrimination.

What is the Dilemma?

Migrant workers can make a positive contribution to business performance and productivity by filling skill gaps, increasing access to international knowledge, strengthening contacts in international networks and local networks through new language skills and cultural awareness.

However, migrant labour can also pose a dilemma to businesses as migrant workers — whether in a regular or an irregular situation — can face a range of challenges to their rights, including discrimination from other workers, employers and laws, unfair working conditions and harmful recruitment practices. Migrant workers are particularly at risk of other human rights violations, such as being trapped in forced labour due to abuse of vulnerability, a lack of understanding of their rights and a lack of social capital or power.

Businesses can struggle to ensure that migrant workers in their operations and supply chains have their rights upheld, especially when Governments do not fulfil their duty to protect and their obligations under international human rights instruments (such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ).

Internal Migrant Workers

While this issue focuses on international migrant workers given their specific vulnerabilities to labour rights abuses, internal migrant workers also face similar challenges in securing adequate working and living conditions.

Exact global figures for the number of internal labour migrants (those who have moved within their country for work) are not known. However, disruptions arising out of the coronavirus pandemic have drawn global attention to their plight — particularly in India, where millions of internal migrants were left economically devastated by state-wide lockdowns in 2020.

Internal migrants remain on the periphery of the COVID-19 recovery process and are disadvantaged when it comes to securing social protections, safe living and working conditions and access to justice. India’s migrant crisis has also put the spotlight on other countries whose economies are dependent on internal migration, such as China, Thailand, Indonesia, Kenya, Uganda, South Africa and Brazil.

Prevalence of Migrant Labour

According to the UN World Migration Report 2022 , there have been ‘historic’ changes in migration in the last decade, and even during COVID-19, there has been an increase in the number of displaced people in the world. While many of those displaced are fleeing from harm, many others are migrating due to dire economic conditions. It is estimated that there were more than 280 million international migrants globally in 2020, 245 million of which are working age (aged 15 and over). According to the International Labour Organization ( ILO ), the number of international migrant workers totalled 169 million in 2021, constituting nearly 5% of the global workforce.

Key drivers contributing to the growing mobility of workers:

Lack of jobs and decent working conditions;
The widening income inequalities within and between countries;
A growing demand for skilled and low-skilled workers in migrant destination countries (often driven by strong growth, ‘shortages’ of domestic labour or rigid societal norms);
Demographic changes, with countries seeing declining labour forces and aging populations.

Key trends include:

According to the ILO , women constitute 41.5% and men 58.5% of migrant workers (2021).
Sector figures show that 66.2% of migrant workers are in services, 26.7% are in industry and 7.1% are in agriculture (2021).
Of the estimated 169 million international migrant workers, 67.4% are in high-income countries and 19.5% in upper middle-income countries (2021).
ILO research suggests that the world’s migrant workers are distributed among the major regions as follows: Europe and Central Asia, 37.7%; Americas, 25.6%; Arab States, 14.3%; Asia and the Pacific, 14.2%; and Africa, with only 8.1% (2021).
The labour force participation rate of migrants at 69% is higher than the labour force participation of non-migrants at 60.4% (2021).

Impacts on Businesses

Businesses can be impacted by migrant labour risks in their operations and supply chains in multiple ways:

Legal risk : There is a close link between migrant labour and human rights abuses such as forced labour, modern slavery and child labour, as migrant workers are often in situations of vulnerability. Companies can face legal charges and severe consequences if they are found to have any of the above issues in their operations or supply chains.
Reputational and brand risk : Campaigns by non-governmental organizations (NGOs), trade unions, consumers and other stakeholders against multinational corporations (MNCs) alleged to abuse migrant workers can result in reduced sales and brand erosion.
Financial risk : Suppliers and clients may end contracts and relationships with companies that are found to abuse migrant workers’ rights, or be linked to abuse, in their supply chain, resulting in reduced sales. Divestment and/or avoidance by investors and finance providers (many of which are increasingly applying environmental, social and governance (ESG) criteria to their decision-making) can result in reduced or more expensive access to capital and reduced shareholder value.
Loss of diversity, skills and creativity : Where migrant workers are not treated fairly or with respect, they may leave for other employment and leave behind a skills gap.
Operational risk : Changes to a company’s supply chains made in response to the discovery of harmful migrant labour conditions may result in disruption. For example, companies may feel the need to terminate supplier contracts (resulting in potentially higher costs and/or disruption) and direct sourcing activities to lower-risk locations.

Impacts on Human Rights

Abuse of migrant workers has the potential to impact a range of human rights, [2] including but not limited to:

Right to equality of treatment and non-discrimination ( ICRMW , Articles 43 and 45, ICCPR , Article 2, ICESCR , Article 2): Migrant workers can be subject to unequal treatment when compared to nationals. This is likely to occur in recruitment processes, their treatment at the workplace as well as in terms of the legal protections that they are afforded in the workplace.
Right to freedom from slavery and forced labour ( UDHR , Article 4, ICRMW , Article 11, ICCPR , Article 8): Migrant workers are at a higher risk of being subject to conditions that may amount to forced labour and/or modern slavery. For example, migrant workers may face the retention of identity documents, debt bondage and restriction of movement, which are some of the indicators of forced labour.
Right to freedom of movement ( ICRMW , Article 39, UDHR , Article 13): The freedom of movement of migrant workers can be severely restricted through, for example, the confiscation of passports or other travel documents.
Right of migrants to form, join and participate in associations and trade unions ( ICRMW , Article 26 and 40; ICCPR , Article 22; ICESCR , Article 8): In many situations, migrants may — due to their legal status, the legal frameworks in which they operate in or their relatively weak negotiating position — be denied the right to freedom of association. ICCPR and ICESCR specify that all workers (including migrant workers in a regular situation) have the right to form and join trade unions for the protection of their interests. In addition, Article 26 of the ICRMW affords migrant workers in both regular and irregular situations the right to join and participate in the activities of associations and trade unions.
Right to just and favourable conditions of work ( ICRMW , Article 25; ICESCR , Article 7): Many migrants experience lower pay and poorer working conditions than their domestic counterparts. This can be due to discrimination, prevailing legal frameworks, the legal status of migrant workers and market dynamics.
Right to an adequate standard of living (including access to adequate food, clothing, housing and water) ( ICRMW , Article 43; ICESCR , Article 11): Companies that provide housing to migrant workers can directly infringe on this right if the housing is not of an adequate standard.
Rights to cultural identity ( ICRMW , Article 31, ICCPR , Article 27): Migrants have the right to enjoy their own culture, practice their own religion, and to speak their own language without discrimination. Due to their status, migrant workers may be denied this right as a matter of official policy or through societal discrimination.
Right to an effective remedy for acts violating fundamental rights ( ICRMW , Article 83, ICCPR , Article 3): A lack of accessible operational-level grievance mechanisms may hinder migrant workers from accessing remedies for human and labour rights abuses. This is particularly the case where the legal framework and culture in a country prevent migrants from seeking adequate access to remedy.

The following SDG targets relate to migrant workers :

Goal 8 (“ Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all ”), Target 8.8 : Protect labour rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants, and those in precarious employment.
Goal 10 (“ Reduce inequality within and among countries ”), Target 10.7 : Facilitate orderly, safe, regular and responsible migration and mobility of people, including through implementation of planned and well-managed migration policies.

Key Resources

The following resources provide further information on how businesses can address violations of migrant workers’ rights in their operations and supply chains:

ILO, Fair Recruitment Toolkit : A modular training manual on fair recruitment to support in the design and implementation of fair recruitment practices.
Institute for Human Rights and Business, Migration with Dignity: A Guide to Implementing the Dhaka Principles : A practical guide to implementing the Dhaka Principles of fair and equal labour for migrants. The Dhaka Principles provide a roadmap that traces the migrant worker from recruitment, through employment, to the end of contract and provides key principles that employers and migrant recruiters should respect at each stage in the process to ensure migration with dignity.
BSR, Migrant Worker Management Toolkit: A Global Framework : A toolkit for respecting the rights of migrant workers throughout businesses and global supply chains.

Definition & Legal Instruments

According to ILO Migration for Employment Convention (Revised) , 1949 (No. 97), the term “migrant for employment” (or, more commonly, “migrant worker”) means a person who “migrates from one country to another with a view to being employed otherwise than on his [or her] own account”. The UN Convention for the Protection of the Rights of Migrant Workers and their Families includes a similar definition. Migrant labour is the work undertaken by someone considered a migrant.

Legal instruments

Ilo and un conventions.

Two main ILO conventions comprehensively define the rights of migrant workers and advocate the principles of equal treatment, equality of opportunity and non-discrimination:

ILO Migration for Employment Convention (Revised), No. 97 (1949): The convention lays out how ratifying States must treat migrant workers and how to provide equal opportunities through law. It includes provisions to facilitate international migration for employment by establishing and maintaining a free assistance and information service and taking measures against misleading propaganda relating to emigration and immigration; provisions on appropriate medical services for migrant workers and the transfer of earnings and savings; and the requirement that States have to apply treatment no less favourable than that which applies to their own nationals in respect of a number of matters, including conditions of employment, freedom of association and social security.
ILO Migrant Workers (Supplementary Provisions) Convention, No. 143 (1975): The convention focuses on how to prevent abusive conditions in migration and ensure the protection of the rights of migrant workers. It sets out measures to combat clandestine and illegal migration, while at the same time establishing the general obligation to respect the fundamental rights of all migrant workers. It also includes provisions on migrant workers’ cultural rights and individual and collective freedoms and the right of family reunification of the families of migrant workers legally residing in their territory.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) builds upon and expands the ILO Conventions. It applies to all aspects of the life of migrant workers and members of their families, including the situation of women and children. The ICRMW articulates the principle of equal treatment between migrant workers and nationals with respect to remuneration and other working conditions, calling for equality of treatment regarding migrant workers’ and members of their families’ access to housing, social and health services, and educational institutions among others.

Over 50 countries have ratified ILO Convention No. 97, and nearly 30 have ratified ILO Convention No. 143. The ICRMW has also been ratified only by a small number of countries. The implementation and enforcement of national legislation — and therefore the frequency of violations of migrant workers’ rights — may vary significantly from country to country even if all the core conventions related to migrant workers have been ratified.

Article 43 (1)(e) of the ICRMW goes beyond a right to urgent medical care for migrant workers in a regular situation. The Committee on Migrant Workers ( CMW ) has stated in its General Comment No. 2 (2013) that Article 12 of the ICESCR provides for the right to the highest attainable standard of health for all persons. State parties are therefore obliged to ensure that all persons, irrespective of their migration status, have effective access to at least a minimum level of healthcare on a non-discriminatory basis.

With reference to Article 12, the CMW interprets Article 28 of the ICESCR more broadly: “Article 28 of the Convention provides for migrant workers … to have the right to receive any medical care urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals. Article 28, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments.”

Other Legal Instruments

The UN Guiding Principles on Business and Human Rights ( UNGPs ) set the global standard regarding the responsibility of business to respect human rights in their operations and across their value chains. The Guiding Principles call upon States to consider a smart mix of measures — national and international, mandatory and voluntary — to foster business respect for human rights.

Regional and Domestic Instruments

Regional migrant worker instruments such as the European Social Charter and the European Convention on the Legal Status of Migrant Workers provide protection of social rights for migrant workers. The European Social Charter is a Council of Europe treaty that guarantees fundamental social and economic rights, with a specific emphasis on the protection of vulnerable persons, including migrants, whose social and economic rights must be guaranteed without discrimination. The European Convention on the Legal Status of Migrant Workers clarifies principal aspects of the legal situation of migrant workers, in particular recruitment, work permits, working conditions and dismissal among others.

Companies are increasingly subject to non-financial reporting requirements and due diligence obligations in the jurisdictions in which they operate, which often include disclosures on their performance. There are several high-profile examples of national legislation that specifically mandate human rights-related reporting and other positive legal duties, such as due diligence, including the United Kingdom Modern Slavery Act 2015 , Australian Modern Slavery Act 2018 , the California Transparency in Supply Chains Act 2010 , the French Corporate Duty of Vigilance Law 2017 , the German Act on Corporate Due Diligence Obligations in Supply Chains 2023 and the Norwegian Transparency Act 2022 .

Also, in 2021 the Netherlands submitted a Bill for Responsible and Sustainable International Business Conduct, and the European Commission announced its Corporate Sustainability Due Diligence Directive (CSDDD). This Directive is likely to come into force between 2025 and 2027 and will make human rights and environmental due diligence mandatory for larger companies.

These mandatory due diligence and disclosure laws require companies to publicly communicate their efforts to address actual and potential human rights impacts, including migrant labour abuses. Failure to comply with these obligations leads to real legal risk for companies.

Contextual Risk Factors

The prevention of migrant worker abuse requires an understanding of its underlying causes and the consideration of a wide range of issues.

Key risk factors include:

High levels of migration , particularly of low-skilled and low-paid labour, exacerbates the likelihood of labour rights violations as employers know many migrant workers will be vulnerable or desperate for work. Migrants make up a much larger proportion of those subject to forced labour in specific sectors and locations. Migrants who have their legal employment status tied to their employer under sponsorship visa programmes may be unwilling to report labour rights violations or may be unable to leave or return home without the explicit permission of the sponsor.
The use of recruitment agencies and other labour intermediaries raises the risk of migrant workers facing labour rights abuses. Fraudulent recruitment practices may involve agencies, but also other types of formal and informal intermediaries, who exploit migrant workers’ vulnerability and impose excessive fees as part of the recruitment process. Such opaque practices often leave migrant workers in substantial debt leading to conditions amounting to forced labour or debt bondage. Furthermore, excessive or arbitrary wage deductions throughout the period of employment can create further debt for migrant workers.
Inadequate legal and policy framework which fails to promote equality of treatment between migrant workers and nationals. The poor protections afforded to migrant workers offer them a low standard of legal protections against forced labour and other labour rights abuses. Labour legislation and workplace cultures in some countries, particularly in Gulf states that employ the kafala (sponsorship) system, explicitly provide for preferential treatment and higher payment for local workers than for migrant workers. A lack of strong laws against labour abuse or inadequate criminal sanctions can result in a lack of deterrence.
Poor enforcement of domestic labour laws due to inadequate training, an under-resourced labour inspectorate or high levels of corruption.
High levels of poverty and unemployment, low levels of social protection, and inequalities within a country or region , particularly where the informal economy constitutes a high percentage of the overall workforce. Where there is a lack of state support or formal contracts enshrining workplace rights, workers face greater vulnerability to poor working conditions. This can also cause racism, xenophobia and other discrimination against migrant workers as they may be seen as unwelcome or increasing competition for resources and jobs.
Low wages and long working hours can force migrant workers to undertake dangerous or excessive work. Excessive working hours and wages that do not meet minimum wage laws may result in working poverty (see Living Wage and Working Time issues). Particularly where migrant workers are sending money to their home countries via remittances, they may undertake extreme working hours or overtime to make enough money.

Industry-specific Risk Factors

Given labour migration is a global occurrence, there is migrant labour in every industry in almost every country in the world — and not all migrants work and live under problematic conditions. This issue focuses on three industries that are commonly identified with dangerous and discriminatory practices against migrant labour: construction, agriculture, and fashion and apparel. To identify potential risks for migrant workers in other industries, companies can access the CSR Risk Check .

Construction

Migrant labour is commonly found in the construction industry, in developed and developing countries. Construction — like agriculture — can be sensitive to economic, social, political and seasonal changes, which can mean highly uncertain working conditions for migrant workers. In some countries — such as the United Arab Emirates — up to 30% of the migrant labour pool is engaged in construction. Widespread abuses faced by migrant workers in the construction industry include fraudulent or exploitative practices, such as the withholding of identity documents, excessive working hours, arbitrary deductions or late payment of wages, and being made to work in unsafe working conditions, including not being provided with adequate personal protective equipment (PPE).

Construction-specific risk factors include the following:

Difficult working conditions : Working conditions in construction are notoriously demanding and dangerous, with high levels of industrial accidents. Migrant workers are more vulnerable to being coerced into working in unsafe conditions that disregard occupational safety and health, especially where there are language barriers or a lack of knowledge of labour rights.
Living accommodation : Migrant workers are often isolated and living in on-site or employer-provided accommodation, which gives employers control over workers. This often gives rise to risks of sub-standard accommodation or excessive wage deductions for accommodation or transport.
Transferable skills: Construction skills are often transferable between projects and across countries, which means that workers may not be given specific training on their tasks or the safety and health procedures of a project. This can leave migrant workers vulnerable to abuse of rights and dangerous working conditions.
Complexity of projects: The complexity of construction projects exacerbates a broad range of labour-related risks for migrant workers. Construction projects may involve hundreds of subcontractors. In many instances, contractors are not obliged to pay subcontractors until they have received payment from the client.
Financial and economic changes : The sensitivity of construction projects to finance and economic changes can lead to periods of intense work. Migrant workers can be vulnerable to excessive working hours as they may want to earn as much as possible in short periods of time, which can result in unhealthy working time.

FIFA — Migrant workers killed while constructing FIFA World Cup Stadium (Qatar)

On 2 December 2010, Qatar was announced as the location for the FIFA World Cup 2022 . This was met with significant concerns from the human rights community, as well as many political leaders, over how the facilities and infrastructure for the World Cup would be constructed, alongside broader concerns over the human rights conditions in the country.

It has been reported that since construction began, and despite the scrutiny of some leading human rights institutions, there were over 6,500 deaths of migrant workers related to construction. The workers were from India, Pakistan, Nepal, Bangladesh and Sri Lanka, and many more unreported deaths likely occurred, particularly from countries such as the Philippines and Kenya, which send large numbers of workers to Qatar each year. The ILO found that in 2020, 50 people suffered work-related deaths, 500 were seriously injured, and 37,600 sustained mild to moderate injuries. Migrant workers are found to have paid expensive recruitment fees, been indebted into ‘bonded labour’, and unable to quit as only the employer could obtain the requisite ‘exit permit’ allowing the worker to leave.

The working and human rights conditions in Qatar in industries such as construction are poor and accidents and deaths are common, particularly among migrant workers, who have next to no rights and operate under difficult migrant labour restrictions. FIFA representatives stated that they are “fully committed to protecting the rights of workers on site” but subcontracting and ‘off-site’ conditions and treatment of workers — such as unsafe accommodation and no access to water in extreme summer heat — creates risks for migrant workers. Companies associated with FIFA and the 2022 World Cup, including Adidas, Coca-Cola and Visa, faced scrutiny over their support for the Qatari World Cup and FIFA while human rights abuses are so prevalent.

ILO, Migrant Work & Employment in the Construction Sector : This resource looks at some of the barriers migrant workers can face in accessing fair, safe and decent work in the construction sector. It includes recommendations for employers on how to ensure better working conditions for migrant workers.
ILO, Why Fair Recruitment Matters: This training toolkit provides specific advice on how businesses can establish fair recruitment processes.
Business and Human Rights Resource Centre, A Human Rights Primer for Business: Understanding Risks to Construction Workers in the Middle East : This resource provides specific regional advice for construction companies operating in the Middle East and key human rights risks to look out for, with a focus on the labour rights issues faced by migrant workers.
BSR, Migrant Workers and the FIFA World Cup 2022 in Qatar: Actions for Business : This report gives business best practices and guidelines on how to protect migrant workers’ rights in construction, applicable globally.
Stronger Together, Construction : A range of advice, campaigns and resources to tackle modern slavery and migrant worker issues in the construction sector.

Fashion and Apparel

The fashion and apparel industry has many characteristics that make the exploitation of migrant workers more prevalent. Reports have highlighted that migrant workers were the worst affected in 2020 when international fashion brands cancelled orders from textile and apparel factories due to COVID-19 — particularly in Turkey and South-East Asia — resulting in unpaid wages and lost jobs for hundreds of thousands of workers.

Fashion and apparel specific risk factors include the following:

Outsourcing : The industry uses a lot of outsourcing and home working, which makes it hard to trace where a product was made and by whom. This presents big risks for migrant workers who may be forced to work and live in dangerous circumstances, as labour inspectors are highly unlikely to ‘find’ them or witness these circumstances to foster change.
Economic shifts : As with agriculture and construction, fashion and apparel manufacturing is vulnerable to economic changes, as seen in 2020 due to the economic downturn from COVID-19. This can leave garment workers without wages or work for long periods of time, which is particularly harmful to migrant workers who may not have secure homes, who may lose their visas or right to remain if they are not able to secure a new job and those whose ability to get other jobs is low.
Labour abuses: Migrant workers in the fashion and apparel sector are vulnerable to wage and working time violations and occupational safety and health risks. This is due to challenges in the enforcement and application of labour laws, especially in the lower tiers of supply chains and subcontracting networks; a lack of specific legislation criminalizing the use of forced labour; weak monitoring of recruitment agencies and labour brokers; and increased international pressure to reduce production costs. Other factors include language barriers and cultural discrimination.
ILO, Guide for Employers on Preventing Forced Labour in the Textile and Garment Supply Chains in Viet Nam : This guide serves as a reference point for companies on social and legal compliance issues (including migrant labour issues) in Vietnamese textile and garment enterprises.
OECD, Due Diligence Guidance for Responsible Supply Chains in the Garment & Footwear Sector : This guidance aims to help fashion and apparel businesses implement the due diligence recommendations contained in the OECD Guidelines for Multinational Enterprises to avoid and address the potential negative impacts of their activities and supply chains on a range of human rights, including migrant labour abuse.
Principles for Responsible Investment (PRI), An Investor Briefing on the Apparel Industry: Moving the Needle on Labour Practices : This resource guides institutional investors on how to identify negative human rights impacts in the apparel industry, including recruitment fees, discrimination and those pertaining to forced labour, with some focus on migrant workers.
Institute for Human Rights and Business, Migration with Dignity: A Guide to Implementing the Dhaka Principles : A practical guide to implementing the Dhaka Principles of fair and equal labour for migrants. The Dhaka Principles provide a roadmap that traces the migrant worker from recruitment, through employment, to the end of contract and provides key principles that employers and migrant recruiters should respect at each stage in the process to ensure migration with dignity.
Clean Clothes Campaign, ‘Made in Japan’ and the Cost to Migrant Workers : Report on migrant garment workers in Japan’s state-supported Technical Internship Training Programme (TITP) are subjected to widespread labour violations including poverty pay, debt bondage, enforced overtime, and inadequate and crowded living and working conditions.
Clean Clothes Campaign, Labour Without Liberty: Female Migrant Workers in Bangalore’s Garment Industry : This report finds that female migrants employed in India’s garment factories that supply to big international brands are often recruited with false promises about wages and benefits and subject to conditions of modern slavery.
Asia Wage Floor, The Emperor Has No Clothes: Garment Supply Chains in the Time of Pandemic : A report on Asian garment workers, including migrant workers, during the COVID-19 pandemic.

Agriculture and Fishing

Agriculture is estimated by the ILO to employ around 1.3 billion people (2018) globally, around half of the world’s workforce, many of whom are migrant workers. The seasonal nature of agricultural work means that most agricultural workers are migrant workers who are able to relocate following seasonal patterns of harvesting, fish migration or livestock rearing.

Agriculture and fishing specific risk factors include the following:

Subsistence workers : Migrant workers are particularly at risk of abuse in the agricultural industry as many live and work in a subsistence fashion, without any permanent accommodation or other form of income. This can result in employers taking advantage of workers and creating abusive conditions, such as excessive working hours, unsafe working environment, lack of PPE and withholding of wages.
Worker accommodation : Reports show that temporary migrant worker accommodation in the agricultural sector has been a ‘hot spot’ for COVID-19 transmission during the global pandemic.
Difficult to trace supply chains : Long supply chains and subcontracting make it difficult for businesses to ensure labour rights are respected for all workers, including migrant workers. Remote locations also mean labour inspections are less likely to occur, and workers are more likely to be isolated from their environment and therefore unable to reach out for assistance or to seek remedy.
Dangerous work : Agricultural work is one of the most dangerous in the world according to the ILO . Migrant workers — particularly those who are undocumented or in an irregular situation — often do not have access to health care, so injuries or illnesses that result from agricultural work (such as heatstroke, repetitive strain injuries or exposure to chemicals) can go untreated, potentially leading to significant illness or injury.
Fishing and whaling : Fishing and whaling are also dangerous occupations as they are mostly undertaken offshore where workers are vulnerable to dangerous tides, weather and storms. Fishing fleets can also stay at sea for months and even years, leaving workers extremely isolated, particularly if they have no access to the ship’s communication system. Fishing is heavily reliant on migrant labour and hard to monitor, which means that abusive labour practices are rife and workers are at high risk of being trapped on vessels or abused.
ILO, Migrant Workers in Commercial Agriculture : A report on the treatment of migrant workers in agriculture and guidance for improvement.
ILO, Fishers First: Good Practices to End Labour Exploitation at Sea : This resource provides examples of good practices and innovative interventions from around the world aimed at eradicating forced labour and other forms of labour exploitation in the fishing industry, which is heavily reliant on migrant labour.
ILO, Forced Labour and Human Trafficking in Fisheries : This resource provides companies with an overview of how the fishing industry is affected by forced labour, with migrant workers recognised as high risk in this industry.
Ethical Trading Initiative, Addressing Worker Vulnerability in Agricultural and Food Supply Chains (Vulnerable Workers Toolkit) : This toolkit provides companies in the agricultural and food supply chain with specific guidance on tackling worker vulnerability, including migrant workers.
Food and Agriculture Organization of the United Nations (FAO), Regulating Labour and Safety Standards in the Agriculture, Forestry and Fisheries Sectors : This resource provides information on international labour standards that apply in agriculture and impact migrant workers, as well as on the integration of international standards into national legislation.
Fairtrade International, Guide for Smallholder Farmer Organisations – Implementing Human Rights and Environmental Due Diligence (HREDD) : This guidance was developed to provide advice and tools on HREDD for farmer organisations to implement.

Due Diligence Considerations

This section outlines due diligence steps that companies can take to respect migrant workers’ rights in their operations and supply chains. The described due diligence steps are aligned with the UN Guiding Principles on Business and Human Rights ( UNGPs ). Further information on UNGPs is provided in the ‘Key Human Rights Due Diligence Frameworks’ section below or in the Introduction .

While the below steps provide guidance on respecting migrant workers’ rights, in particular, it is generally more resource-efficient for companies to ‘streamline’ their human rights due diligence processes by also identifying and addressing other relevant human rights issues (e.g. child labour , forced labour , discrimination , freedom of association ) at the same time.

Several human rights frameworks describe the due diligence steps that businesses should ideally implement to address human rights issues, including working time. The primary framework is the UN Guiding Principles on Business and Human Rights ( UNGPs ). Launched in 2011, the UNGPs offer guidance on how to implement the United Nations “Protect, Respect and Remedy” Framework, which establishes the respective responsibilities of Governments and businesses — and where they intersect.

The UNGPs set out how companies, in meeting their responsibility to respect human rights, should put in place due diligence and other related policies and processes, which include:

A publicly available policy setting out the company’s commitment to respect human rights
Assessment of any actual or potential adverse human rights impacts with which the company may be involved across its entire value chain
Integration of the findings from their impact assessments into relevant internal functions/processes — and the taking of effective action to manage the same
Tracking of the effectiveness of the company’s management actions
Reporting on how the company is addressing its actual or potential adverse impacts
Remediation of adverse impacts that the company has caused or contributed to

The steps outlined below follow the UNGPs framework and can be considered a process which a business looking to start implementing human rights due diligence processes can follow.

Additionally, the OECD Guidelines on Multinational Enterprises define the elements of responsible business conduct, including human and labour rights.

Another important reference document is the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy ( MNE Declaration ), which contains the most detailed guidance on due diligence as it pertains to labour rights. These instruments, articulating principles of responsible business conduct, draw on international standards enjoying widespread consensus.

Companies can seek specific guidance on this and other issues relating to international labour standards from the ILO Helpdesk for Business . This Helpdesk assists company managers and workers that want to align their policies and practices with principles of international labour standards and build good industrial relations.

Additionally, the SME Compass offers guidance on the overall human rights due diligence process by taking businesses through five key due diligence phases. The SME Compass has been developed in particular to address the needs of SMEs but is freely available and can be used by other companies as well. The tool, available in English and German , is a joint project by the German Government’s Helpdesk on Business & Human Rights and the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.

1. Develop a Policy Commitment on Migrant Labour

As per the UNGPs , a human rights policy should be:

“Approved at the most senior level” of the company;
“Informed by relevant internal and/or external expertise”;
Specific about company’s “human rights expectations of personnel, business partners and other parties directly linked to its operations, products or services”;
“Publicly available and communicated internally and externally to all personnel, business partners and other relevant parties”; and
“Reflected in operational policies and procedures necessary to embed it throughout the business”.

It is important for businesses to include migrant workers in their policies regarding human rights, regardless of the nature of work, location of supply chain or industry of operation, due to the international prevalence of migrant workers. The Dhaka Principles are a helpful tool that can be used by businesses to support migrant workers in all stages of due diligence. Along these lines, a company may consider adopting codes of conduct to ensure that they demand equal employment and non-exploitation practices with regard to migrant workers. Policies could include commitments such as:

Comply with national law relating to migrant workers at a minimum and aspire to adherence with international standards and best practice;
Refrain from engaging in or supporting unequal treatment or exploitation of migrant workers in hiring, termination, remuneration, training, promotion or retirement;
Avoid restrictions on migrant workers including the withholding of passports and other travel documents; and
Enshrine clear guidelines with regard to recruitment practices (including those of suppliers and business partners where possible) that contain specific recommendations on recruitment fees and contracts.

Some companies publish stand-alone migrant workers policies, given migrant workers’ vulnerability to labour rights abuses in their industries — for example, UK fashion house Burberry , Swedish retailer H&M and tech company Hewlett-Packard . However, it is more common for businesses to integrate migrant labour into their human rights, responsible sourcing or diversity policies, with Unilever offering an example. Where companies do not have a stand-alone human rights policy, migrant labour is often addressed in other documentation, such as a business code of conduct or ethics and/or a supplier code of conduct.

Businesses may also consider aligning their policies with relevant industry-wide or cross-industry policy commitments, for example:

Responsible Business Alliance (RBA) Code of Conduct
amfori BSCI Code of Conduct
Fair Labor Association (FLA) Code of Conduct
World Employment Confederation (WEC) Fair Recruitment and Migration Policies
United Nations Global Compact-OHCHR, A Guide for Business: How to Develop a Human Rights Policy : This guidance provides recommendations on how to develop a human rights policy and includes extracts from companies’ policies referencing migrant workers.
Institute for Human Rights and Business, Migration with Dignity: A Guide to Implementing the Dhaka Principles : A practical guide to implementing the Dhaka Principles of fair and equal labour for migrant workers and writing policies. The Dhaka Principles provide a roadmap that traces the migrant worker from recruitment, through employment, to the end of contract and provides key principles that employers and migrant recruiters should respect at each stage in the process to ensure migration with dignity.
BSR, Migrant Worker Management Toolkit: A Global Framework : A toolkit for respecting the rights of migrant workers throughout businesses and global supply chains, which includes guidance on a recruitment policy for migrant workers.
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including guidance on improving codes of conduct and company policies.
Interfaith Centre on Corporate Responsibility (ICCR), Best Practice Guidance on Ethical Recruitment of Migrant Workers : A report on migrant worker recruitment and examples of best practice (including policies).
SME Compass : Provides advice on how to develop a human rights strategy and formulate a policy statement.
SME Compass, Policy statement : Companies can use this practical guide to learn to develop a policy statement step-by-step. Several use cases illustrate how to implement the requirements.
United Nations Global Compact and ILO, Advancing decent work in business Learning Plan : This learning plan , helps companies understand each Labour Principle and its related concepts and best practices as well as practical steps to help companies understand and take action across a variety of issues.

2. Assess Actual and Potential Migrant Labour Impacts

The UNGPs note that impact assessments:

Will vary in complexity depending on “the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations”;
Should cover impacts that the company may “cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships”;
Should involve “meaningful consultation with potentially affected groups and other relevant stakeholders” in addition to other sources of information such as audits; and
Should be ongoing.

Impact assessments should look at both actual and potential impacts, i.e. impacts that have already manifested or could manifest. This compares to risk assessment that would only look at potential impacts and may not satisfy all of the above criteria.

Upon identification of operations or segments of supply chains that rely heavily on migrant labour, companies should consider assessing actual and potential migrant labour impacts. Impact assessments should consider the following:

Migrant workers are particularly vulnerable to abuse as their right to live or work in a country may be tied to a job with their employer (for instance a sponsorship system) or they may be working illegally and not want to risk losing their job and being exposed to authorities.
Assessments should consider conducting off-site interviews as workers may not be comfortable talking about harmful work experiences on-site.
There is also an increasing trend of assessing risks of labour rights violations through ‘ worker voice ’ tools, such as technology-enabled worker surveys. These can be easily adapted to different languages to accommodate migrant workers’ needs.

Migrant labour impact assessments are usually undertaken as part of broader human rights risk assessments. The requirement to engage with potentially affected stakeholders is key. Nike offers an example of a company conducting a risk assessment focused specifically on recruitment practices of migrant workers through Verité’s CUMULUS Forced Labor Screen TM tool.

BSR, Migrant Worker Management Toolkit: A Global Framework : A toolkit for respecting the rights of migrant workers with a section on how to better understand a country’s context to evaluate the risks of migrant worker issues.
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including guidance on identifying company risk and vulnerability to the human trafficking and forced labour of migrant workers.
Ethical Trading Initiative, Managing Risks Associated with Modern Slavery: A Good Practice Note for the Private Sector : This resource provides detailed guidance on how companies can assess the risk of modern slavery in global supply chains with a special focus on migrant workers.
CSR Risk Check: A tool allowing companies to check which international CSR risks (including related to migrant worker rights) businesses are exposed to and what can be done to manage them. The tool provides tailor-made information on the local human rights situation as well as environmental, social and governance issues. It allows users to filter by product/raw material and country of origin. The tool was developed by MVO Netherland; the German version is funded and implemented by the German Government’s Helpdesk on Business & Human Rights and UPJ .
SME Compass : Provides advice on how to assess actual and potential human rights risks and how to assess and prioritize risks.
SME Compass, Risk Analysis Tool : This tool helps companies to locate, asses and prioritize significant human rights and environmental risks long their value chains.
SME Compass, Supplier review : This practical guide helps companies to find an approach to manage and review their suppliers with respect to human rights impacts.
SME Compass: Interview guide for civil society actors : This guide provides support to companies for interviews with civil society actors, and is structured along the five phases of the Due Diligence Compass.

3. Integrate and Take Action to Address Migrant Labour Impacts

As per the UNGPs , effective integration requires that:

“Responsibility for addressing [human rights] impacts is assigned to the appropriate level and function within the business enterprise” (e.g. senior leadership, executive and board level);
“Internal decision-making, budget allocations and oversight processes enable effective responses to such impacts”.

The actions and systems that a company will need to apply will vary depending on the outcomes of its impact assessment. For example, companies could consider conducting training on migrant workers’ rights for employees most likely to encounter migrant workers, such as procurement, human resources and supply chain personnel. Training sessions on migrant labour can also be offered to suppliers. Training might include reference to the relevant international standards and reporting lines, and could be updated in-line with new innovations and adjustments to best practices.

Companies might also consider adapting existing worker training programmes to accommodate migrant workers more easily. This might include, for example, the offer of local language courses to improve communication and enhance productivity and worker safety. Additional training and orientation programmes could also be provided to migrant workers to ensure that they have access to equal opportunities in the workplace and to support their assimilation into the local community.

A company may opt to recruit migrant workers directly rather than through the use of brokers. Any brokers used should be reviewed carefully to ensure that they comply fully with all laws for protecting migrant workers by way of carrying out due diligence (see IOM resources on ethical recruitment ). A company may also choose to publish and communicate guidance on its expectations regarding the recruitment and employment of migrant workers, including by business partners and suppliers. In situations where the risk of exploitation may be higher in supply chains, a company may wish to incentivize suppliers to improve their recruitment practices. This can be done, for example, by providing preferential terms to suppliers who recruit directly.

Multi-stakeholder initiatives (MSIs) can provide the necessary expertise, guidance and economies of scale to address migrant labour problems in a responsible, sector-specific way. Such MSIs can also help companies learn from different stakeholder groups including business, Government, civil society and intergovernmental and non-governmental organizations. An example is the partnership between the International Organisation for Migration (IOM) and H&M in 2019, which promotes cooperation in relation to the ethical recruitment of migrant workers in global textile supply chains. Other MSIs include those by the Fair Labor Association and the Roundtable on Sustainable Palm oil, both of which run campaigns on migrant labour.

ILO, The Migrant Pay Gap: Understanding Wage Differences between Migrants and Nationals : This report gives information on pay gaps between migrants and nationals and tips on how to address this.
ILO, Global Guidelines on the Prevention of Forced Labour Through Lifelong Learning and Skills Development Approaches : This guidance on developing forced labour training modules (with a focus on migrant labour) for employees and suppliers, including awareness-raising strategies to identify forced labour risks.
IOM, IRIS: Ethical Recruitment, Tools and Resources : IRIS is the flagship initiative of the IOM that seeks to promote ethical recruitment of migrant workers. Reports, e-courses and other toolkits on ethical recruitment can be found in the ‘Resources’ section of their website.
Ethical Trading Initiative: A range of resources for employers on how to protect migrant workers in their businesses and supply chains, including in the aftermath of COVID-19.
BSR, Migrant Worker Management Toolkit: A Global Framework : A toolkit for respecting the rights of migrant workers, including a section on capacity-building to improve company-wide knowledge on migrant workers’ rights, as well as a section on supporting migrant workers post-arrival through training, cultural and language support and health awareness education.
ILO, Fair Recruitment Toolkit : A modular training manual on fair recruitment to support in the design and implementation of fair recruitment practices.
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including guidance on raising awareness/building capacity, screening/evaluating labour recruiters and multi-stakeholder engagement.
Interfaith Centre on Corporate Responsibility, Best Practice Guidance on Ethical Recruitment of Migrant Workers : A report on migrant worker recruitment and examples of best practice (including supplier relationship/management and industry leadership/collaboration).
Ergon Associates and Ethical Trading Initiative, Managing Risks Associated with Modern Slavery — A Good Practice Note for the Private Sector : This resource , produced with the assistance of IFC, CDC Group, EBRD and DFID, provides detailed guidance on how companies can take action to address modern slavery risks in global supply chains with a special focus on migrant workers.
SME Compass: Provides advice on how to take action on human rights by embedding them in your company, creating and implementing an action plan, and conducting a supplier review and capacity building.
SME Compass, Identifying stakeholders and cooperation partners : This practical guide is intended to help companies identify and classify relevant stakeholders and cooperation partners.
SME Compass, Standards Compass : This online tool offers guidance on what to pay attention to when selecting sustainability standards or when participating in multi-stakeholder initiatives. It allows comparing standards and initiatives with respect to their contribution to human rights due diligence and their potential limitations.

4. Track Performance on Migrant Labour

As per the UNGPs , tracking should:

“Be based on appropriate qualitative and quantitative indicators”;
“Draw on feedback from both internal and external sources, including affected stakeholders” (e.g. through grievance mechanisms).

Businesses should regularly review their approach to migrant worker rights to see if it continues to be effective and is having the desired impact. Audits and social monitoring are common ways to check performance in the first tier of the supply chain. Such monitoring or audits can be undertaken internally by the company or by a third party contracted by the company. Operations and supply chains can be audited to understand the way migrant workers are treated and the rights they are afforded — such as their wages, working hours and living conditions — as well as whether they have access to their own documentation (such as passports) and whether they have been charged any recruitment fees. Common supplier audit frameworks that span most industries and include migrant labour indicators include SMETA audits and SA8000 accredited audits . The amfori BSCI Code of Conduct also provides guidance on how to mitigate negative social impacts on migrant workers.

A common approach or first step taken by companies is to issue self-assessment questionnaires (SAQs) to suppliers, requesting information and evidence on their migrant labour procedures, such as whether suppliers have implemented monitoring measures to identify the groups most vulnerable to forced labour, whether recruitment agencies are used in the recruitment process, which agencies are used and how they ensure the respect of migrant workers’ rights. Repeated SAQs can give insight into improvements in supplier management systems and let suppliers self-report on actual or potential migrant worker rights issues. Where SAQ results warrant it, companies can carry out on-the-ground or remote suppliers audits .

Examples of questions to include in social audits or SAQs are as follows:

Do migrant workers have the freedom to terminate employment (by means of notice of reasonable length) at any time without a penalty?
Have migrant workers paid a recruitment fee, or do they owe money from their wages to a recruiter?
Have important documents, such as a visa, right to work, or passports, been withheld from migrant workers by the employer?

If shortcomings are identified, corrective action plans (CAPs) should be developed jointly with the supplier, setting out clear targets and milestones for improvement. Progress should then be tracked regularly to ensure CAP completion. Setting SMART targets helps track performance. SMART targets are those that are: specific, measurable, attainable, resourced and time-bound. Examples of indicators to be recorded and monitored include:

Grievances from migrant workers recorded (number and nature)
Audit findings on violations of migrant workers’ rights
Progress on corrective action plans
Media reports on instances of abuse of migrant workers
Official inspection outcomes

Due diligence processes should be regularly checked and continuously improved to ensure that the information collected for these targets is as accurate as possible. This includes checking the effectiveness of grievance mechanisms (i.e. their accessibility to migrant workers), the quality of audits, etc. Responsibility for data collection should be clearly allocated to relevant roles within the company and reported with a set frequency (for instance once a month).

Although both SAQs and audits are commonly used by companies in various industries, both tools have limitations in their ability to uncover hidden violations, including violations of migrant worker rights. Unannounced audits somewhat mitigate this problem but even these are not always effective at identifying violations given that an auditor tends to spend only limited time on-site. Furthermore, human rights violations, including migrant workers’ rights, often happen further down supply chains, whereas audits often only cover ‘Tier 1’ suppliers.

New tools such as technology-enabled worker surveys/‘ worker voice ’ tools allow real-time monitoring and partly remedy the problems of traditional audits. An increasing number of companies complement traditional audits with ‘worker voice’ surveys (e.g. Unilever and VF Corporation ), which can be easily adapted to different languages to accommodate migrant workers’ needs and anonymized so workers don’t fear reprisal.

Some companies go further and adopt ‘ beyond audit ’ approaches, which are built on proactive collaboration with suppliers rather than on supplier monitoring (‘carrots’ rather than ‘sticks’). Collaborating with other stakeholders, including workers’ organizations, law enforcement authorities, labour inspectorates and non-governmental organizations to proactively identify, remediate and prevent abuse of migrant worker rights can also prove to be effective.

ILO, Fair Recruitment Toolkit : A modular training manual on fair recruitment to support in the design and implementation of fair recruitment practices.
ILO, Combating Forced Labour: A Handbook for Employers and Business : This guidance has suggestions of how companies can track performance on forced labour in their operations and supply chains (with a focus on migrant labour).
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including a guide on social audits (e.g. conducting interviews with migrant workers, labour recruiters and managers) and taking corrective actions/developing improvement plans.
Interfaith Centre on Corporate Responsibility, Best Practice Guidance on Ethical Recruitment of Migrant Workers : A report on migrant worker recruitment and examples of best practice (including audits).
Ergon Associates and Ethical Trading Initiative, Managing Risks Associated with Modern Slavery — A Good Practice Note for the Private Sector : This resource , produced with the assistance of IFC, CDC Group, EBRD and DFID, provides the private sector with guidance on how to monitor progress on forced labour (with a focus on migrant workers), including KPIs.
SME Compass : Provides advice on how to measure human rights performance.
SME Compass: Key performance indicators for due diligence : Companies can use this overview of selected quantitative key performance indicators to measure implementation, manage it internally and/or report it externally.

5. Communicate Performance on Migrant Labour

As per the UNGPs , regular communications of performance should:

“Be of a form and frequency that reflect an enterprise’s human rights impacts and that are accessible to its intended audiences”;
“Provide information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved”; and
“Not pose risks to affected stakeholders, personnel or to legitimate requirements of commercial confidentiality”.

Companies are expected to communicate their performance on respecting migrant workers’ rights in a formal public report, which can take the form of a standalone report such as Nestlé’s Responsible Sourcing of Seafood reports . More commonly, however, an update on progress is included in a broader sustainability or human rights report such as Unilever’s Human Rights reports , or in an annual Communication on Progress (CoP) in implementing the Ten Principles of the UN Global Compact. Additionally, other forms of communication may include in-person meetings, online dialogues and consultation with affected stakeholders.

I LO, Combating Forced Labour: A Handbook for Employers and Business : This guidance has recommendations on how to report forced labour approaches and results (with a focus on migrant labour).
UNGP Reporting Framework : A short series of smart questions (‘Reporting Framework’), implementation guidance for companies that are reporting, and assurance guidance for internal auditors and external assurance providers.
United Nations Global Compact, Communication on Progress (CoP) : The CoP ensures further strengthening of corporate transparency and accountability, allowing companies to better track progress, inspire leadership, foster goal-setting and provide learning opportunities across the Ten Principles and SDGs.
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including a guide on reporting.
Social Accountability International, Measure & Improve Your Labour Standards Performance : This resource includes tools to help companies implement or improve performance on labour standards, including supporting migrant labour in global supply chains.
The Sustainability Code : A framework for reporting on non-financial performance that includes 20 criteria , including on human rights and employee rights .
SME Compass: Provides advice on how to communicate progress on human rights due diligence.
SME Compass, Target group-oriented communication : This practical guide helps companies to identify their stakeholders and find suitable communication formats and channels.

6. Remedy and Grievance Mechanisms

As per the UNGPs , remedy and grievance mechanisms should include the following considerations:

“Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes”.
“Operational-level grievance mechanisms for those potentially impacted by the business enterprise’s activities can be one effective means of enabling remediation when they meet certain core criteria.”

To ensure their effectiveness, grievance mechanisms should be:

Legitimate : “enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes”
Accessible : “being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access”
Predictable : “providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation”
Equitable : “seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms”
Transparent : “keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake”
Rights-compatible : “ensuring that outcomes and remedies accord with internationally recognized human rights”
A source of continuous learning : “drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms”
Based on engagement and dialogue : “consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances”

Grievance mechanisms can play an important role in helping address migrant labour issues in operations and supply chains (e.g. Hewlett-Packard ). In addition to conventional channels such as those using a hotline, an emerging ‘ worker voice ’ technology allows workers to submit grievances in real-time through text messages and without fear of reprisal.

Remediation of migrant worker rights issues can be complex, as they may have implications on a worker’s right to reside in a particular country, so it is recommended that legal advice is sought. Ensuring that remediation approaches consider the safety and wellbeing of migrant workers is crucial, particularly if they appear to have been trafficked or are under the control of a gangmaster or another illegal group.

Companies could use the results of impact assessments to determine corrective actions, with the most severe impacts prioritized. Some companies may decide that — as a last resort — a failure to remediate or correct the situation should result in termination of the relationship with the offending supplier. Companies should try to resolve issues with the supplier first though, to prevent termination leading to worse positions for workers. Examples of companies with migrant labour remediation programmes include Nike .

ILO, Combating Forced Labour: A Handbook for Employers and Business : This guidance has helpful recommendations on remediation actions and grievance mechanisms for businesses (with a focus on migrant labour).
BSR, Migrant Worker Management Toolkit: A Global Framework : A toolkit for respecting the rights of migrant workers throughout businesses and global supply chains, which includes a section on the grievance process.
Verité, Fair Hiring Toolkit : This toolkit offers tools, guidance and approaches to support the responsible recruitment and hiring of migrant workers in global supply chains, including a guide on establishing effective grievance mechanisms and protection for whistle-blowers.
Ethical Trading Initiative, Access to Remedy: Practical Guidance for Companies : This guidance explains key components of the mechanisms that allow workers to submit complaints and enable businesses to provide remedy.
Ergon Associates and Ethical Trading Initiative, Managing Risks Associated with Modern Slavery — A Good Practice Note for the Private Sector : This resource , produced with the assistance of IFC, CDC Group, EBRD and DFID, provides detailed guidance on how companies can develop grievance mechanisms and remediate modern slavery risks in global supply chains with a special focus on migrant workers.
Global Compact Network Germany, Worth Listening: Understanding and Implementing Human Rights Grievance Management : A business guide intended to assist companies in designing effective human rights grievance mechanisms, including practical advice and case studies. Also available in German .
SME Compass: Provides advice on how to establish grievance mechanisms and manage complaints.
SME Compass , Managing grievances effectively : Companies can use this guide to design their grievance mechanisms more effectively – along the eight UNGP effectiveness criteria – and it includes practical examples from companies.

Case Studies

This section includes examples of company actions to prevent abuse of migrant workers in their operations and supply chains.

Further Guidance

Examples of further guidance on migrant workers include:

ILO, The Multilateral Framework on Labour Migration : Non-binding principles and guidelines for a rights-based approach to labour migration, which aim to assist Governments, social partners and stakeholders in their efforts to regulate labour migration and protect migrant workers.
ILO, Fair Migration Agenda : The ILO campaign to ensure fair migration and labour conditions for migrants has a range of information, tools and publications.
ILO, Global Study on Recruitment Fees and Related Costs : A global study that examines the laws and policies of 90 countries, as well as numerous bilateral labour agreements and multi-stakeholder initiatives to regulate or prohibit recruitment fees and costs charged to workers.
ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs : These guidelines provide definitions and explanations of key terms related to recruitment fees.
ILO, How to Facilitate the Recognition of Skills of Migrant Workers : This guide for employers and employment service providers gives information on identifying the needs and capabilities of migrant workers and how to accommodate them in the workplace, particularly in recruitment.
ILO, Ending Child Labour, Forced Labour And Human Trafficking In Global Supply Chains : This report aims to help businesses develop policies and practices to protect global supply chains from certain human rights issues, including abuses against migrant workers.
ILO-IOM, Promoting Fair and Ethical Recruitment in a Digital World: Lessons and Policy Options : This joint ILO-IOM report maps four examples of existing State-facilitated digital technology platforms that assist the recruitment, placement and/or job matching for migrant workers.
ILO, For Women, by Women: Guidance and Activities for Building Women Migrant Workers’ Networks : This guidance outlines how migrant women’s groups can be catalyzed and supported.
OHCHR and CMW, General Comments No. 1 – 5 : The general comments offered by the CMW provide insight into the human rights violations migrant workers face, detailing expert opinion on specific themes and legal obligations of State parties to the instruments that define these rights. General Comment No. 5 specifically details migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights, with a contextual focus on the impacts of the COVID-19 pandemic.
IOM, Ending Child Labour, Forced Labour and Human Trafficking in Global Supply Chains : This guidance highlights the challenges faced by migrant workers and how business can work with Government to prevent migrant labour abuse.
OHCHR, ‘We wanted workers, but human beings came’: Human rights and temporary labour migration programmes : This report looks at the consequences of temporary labour migration programmes (TLMPs) on migrant workers and their families, and offers recommendations on how to design and implement comprehensive labour migration pathways that offer human rights-based alternatives to TLMPs.
Fair Labor Association, Triple Discrimination: Woman, Pregnant and Migrant, Preventing Pregnancy Discrimination among Temporary Migrant Workers, Lessons for Malaysia, Taiwan and Thailand : Guidance for employers to avoid multi-factored discrimination against migrant women in supply chains.
SME Compass , Standards Compass : This online tool offers guidance on what to pay attention to when selecting sustainability standards or when participating in multi-stakeholder initiatives. It allows comparing standards and initiatives with respect to their contribution to human rights due diligence and their potential limitations.
SME Compass, Due Diligence Compass : This online tool offers guidance on the overall human rights due diligence process by taking businesses through five key due diligence phases.
SME Compass, Downloads : Practical guides and checklists are available for download on the SME compass website to embed due diligence processes, improve supply chain management and make mechanisms more effective.
ILO Helpdesk for Business, Country Information Hub : This resource can be used to inform human rights due diligence, providing specific country information on different labour rights.

A business journal from the Wharton School of the University of Pennsylvania

Getting the Job Done: How Immigrants Expand the U.S. Economy

September 8, 2020 • 4 min read.

Immigrant workers put pressure on the U.S. labor supply, but foreign-born entrepreneurs also create jobs that increase labor demand, according to new research co-authored by Wharton's Daniel Kim.

Markets & The Economy
Public Policy

Wharton’s Daniel Kim speaks with Wharton Business Daily on SiriusXM about his research on immigration and entrepreneurship in the U.S.

In the United States, the economic impact of immigration is a lightning-rod topic that sparks strong feelings on both sides. Opponents have long held that immigrants take away jobs from American citizens and lower wage standards. Proponents dismiss that idea, saying immigrants expand the economy through their hard work and determination. The truth is somewhere in the middle, according to new research from Wharton’s J. Daniel Kim.

To be sure, immigrant workers ramp up competition for jobs, creating a surplus in labor supply for some sectors. But immigrant entrepreneurs have a more profound impact on overall labor demand by starting companies that hire new workers, creating a positive ripple-effect on the economy.

“The problem with the ongoing discussion is that it’s largely one-sided,” Kim said in a recent interview with the Wharton Business Daily radio show on SiriusXM. (Listen to the podcast at the top of this page.) “To be fair, both forces here simultaneously exist. In order for us to have a systematic understanding of the role of immigration on job creation, you need to take both accounts together. And this is what we do in the study.”

Kim is co-author of “ Immigration and Entrepreneurship in the United States ,” along with Pierre Azoulay , professor at MIT’s Sloan School of Management and associate with National Bureau of Economic Research (NBER); Benjamin F. Jones , professor at the Kellogg School of Management at Northwestern University and an associate with NBER; and Javier Miranda , economist with the U.S. Census Bureau. In their research, the scholars use comprehensive administrative data from 2005 to 2010 on all new firms in the U.S., the U.S. Census Bureau’s 2012 Survey of Business Owners, and data on firms listed in the 2017 edition of the Fortune 500 ranking to paint a more accurate picture of the economic impact of immigrants in America.

“The problem with the ongoing discussion is that it’s largely one-sided.”

“This paper works to fill in the picture through the lens of entrepreneurship,” the authors wrote. “By looking in a more comprehensive manner at the U.S. economy, the analysis helps balance the ledger in assessing immigrants’ economic roles.”

Dispelling Myths

Immigrants make up roughly 15% of workers in the U.S., yet they are 80% more likely than native workers to become entrepreneurs, according to the study. By those numbers, the assumption that immigrants leach jobs away from Americans isn’t incorrect, but it is incomplete. First- and second-generation immigrants are launching businesses across the spectrum, from small sandwich shops with one or two employees to major tech firms with thousands of workers. For example, when South Africa native Elon Musk built his Telsa plant in California, he spawned more than 50,000 jobs and injected $4.1 billion into that state’s economy in 2017.

“What we find, with overwhelming evidence, is that immigrants act more as job creators than they act as job takers in the United States,” Kim said during his interview with Wharton Business Daily.

“Immigrants in the U.S. create a lot more jobs than they take, primarily because many are prone to starting businesses that go on to create a lot of jobs.”

The study builds on previous research that dispels myths about immigrant workers and quantifies the facts, including that immigrant entrepreneurs account for close to 25% of patents and are more likely to hold STEM degrees. Using tax records, the researchers debunked another popular theory that immigration suppresses wages. They found wages were the same or slightly higher for immigrant-founded firms versus firms with native founders.

The authors encourage more research along the same dimensions, saying more information can help shape economic policy around immigration and help remove politics from a debate that’s often short on truths.

“That’s the main takeaway here, that immigrants in the U.S. create a lot more jobs than they take, primarily because many are prone to starting businesses that go on to create a lot of jobs,” Kim said. “While I will not comment on the policy implications of these results, I believe that the broader discussion on the role of entrepreneurship and immigration on economic growth needs to account for both sides – because leaning on one would provide an incomplete picture.”

More From Knowledge at Wharton

What I’ve Learned: Olivia S. Mitchell

Stocks for the Long Run | Jeremy Siegel

Why Skilled Immigration Can Lead to Economic Prosperity

Looking for more insights.

Migrant workers still at great risk despite key role in global economy

People cross the Suchiate River between Guatemala and Mexico.

Facebook Twitter Print Email

The COVID-19 pandemic has highlighted the key role that migrant workers play in the global economy, as well as the “terrible risks” that they are forced to take, to find work.

According to the new International Organization for Migration ( IOM ) Global Migration Indicators (GMI) 2021 report, launched on Thursday, over the past decade migrants in the worldwide labour force have tripled.

IOM’s Global Migration Data Analysis Centre (GMDAC) also flagged that remittances sent home to lower and middle-income countries (LMICs) have outpaced foreign aid.

The analysis featured on the Global Migration Data Portal , provides snapshots of the latest statistics and trends, including the impacts of COVID-19 on mobility.

For example, remittances made up more than 25 per cent of total GDP last year in El Salvador, Lebanon, Kyrgyzstan, Tajikistan and Tonga.

“The availability of timely and reliable data can help us maximize the potential of migration for development ”, said Ugochi Daniels, IOM Deputy Director General for Operations.

Demand rising

Migration trends at a glance.

More people than ever live in a country they were not born in.

More than one billion people are on the move.

Many migrate out of necessity.

One in 30 people is a migrant.

One in 95 is forcibly

As exemplified by the many roles of migrants considered ‘essential’ during the COVID-19 pandemic, the report highlights an increase in demand for their labour.

Foreign doctors account for 33 per cent of the United Kingdom’s physicians, according to the Organization for Economic Co-operation and Development (OECD) and there is an overall reliance on foreign healthcare workers in Europe and the United States.

Surge in overseas workers

Remittances by overseas migrant workers to their home countries are increasingly critical for families and the wider economy.

There are nearly 170 million foreign workers globally, according to the latest IMO estimates – more than triple the 53 million registered in 2010.

And foreign-born workers play a growing role in the labour force, making up an estimated five per cent of today’s global workforce.

“As we celebrate International Migrants Day this week, this report stands as a clear reminder of the role migrants play in the development of their communities worldwide”, said Frank Laczko, GMDAC Director.

“But while the global economy continues to rely heavily on migrant workers, people continue to face terrible risks when they cannot access legal pathways in their search for better opportunities.”

Migrant safety

While migration policies are difficult to measure, the data available show a trend toward limiting safe, legal migration options .

World Health Organization (WHO)

While 81 per cent of the countries participating in IOM ’s Migration Governance Indicators (MGI) have at least one government body dedicated to border control, just 38 per cent have a defined national migration strategy, with only 31 per cent aligning it with a national economic development strategy.

“This reports highlights…the invaluable contributions migrants have in our communities and economies, and the need for concrete action to increase legal channels”, Ms. Daniels said.

Setting global standards

Also on Thursday, the World Health Organization ( WHO ) published the agency’s new Global Competency Standards for refugee and migrant health services to strengthen countries’ ability to provide services to refugees and migrants by defining markers to be incorporated into health workers’ education and practices.

“While facing similar health risks to their host communities, refugees and migrants may have specific health needs and are often vulnerable to adverse health outcomes due to their mobility, living and working conditions”, said Santino Severoni, Director of the WHO Health and Migration Programme.

The health workforce has a vital role in providing inclusive services that are respectful of cultural, religious, and linguistic needs, said the UN health agency.

“Refugees and migrants face obstacles in accessing people-centred and culturally sensitive health services in both countries of transit and destination. These can include…restricted use of health services, all of which shape their interactions with the host country’s health system”, said the WHO Director.

The document is accompanied by a Curriculum Guide to support its operationalization.

The competencies can be tailored to various environments and take into consideration the requirements and constraints of local health systems as well as the characteristics of diverse refugee and migrant populations.

“2021 is the International Year of Health and Care Workers ”, reminded Jim Campbell, Director of WHO’s Health Workforce Department.

“The same workers must be supported with a competency-based education, as outlined in the Standards…to take us a step closer towards universal health coverage for all populations, including for refugees and migrants”.

migrant workers

Meet the 2024 History Teachers of the Year!

AP US History Study Guide
History U: Courses for High School Students
History School: Summer Enrichment
Lesson Plans
Classroom Resources
Spotlights on Primary Sources
Professional Development (Academic Year)
Professional Development (Summer)
Book Breaks
Inside the Vault
Self-Paced Courses
Browse All Resources
Search by Issue
Search by Essay
Become a Member (Free)
Monthly Offer (Free for Members)
Program Information
Scholarships and Financial Aid
Applying and Enrolling
Eligibility (In-Person)
EduHam Online
Hamilton Cast Read Alongs
Official Website
Press Coverage
Veterans Legacy Program
The Declaration at 250
Black Lives in the Founding Era
Celebrating American Historical Holidays
Browse All Programs
Donate Items to the Collection
Search Our Catalog
Research Guides
Rights and Reproductions
See Our Documents on Display
Bring an Exhibition to Your Organization
Interactive Exhibitions Online
About the Transcription Program
Civil War Letters
Founding Era Newspapers
College Fellowships in American History
Scholarly Fellowship Program
Richard Gilder History Prize
David McCullough Essay Prize
Affiliate School Scholarships
Nominate a Teacher
State Winners
National Winners
Gilder Lehrman Lincoln Prize
Gilder Lehrman Military History Prize
George Washington Prize
Frederick Douglass Book Prize
Our Mission and History
Annual Report
Contact Information
Student Advisory Council
Teacher Advisory Council
Board of Trustees
Remembering Richard Gilder
President's Council
Scholarly Advisory Board
Internships
Our Partners
Press Releases

History Resources

Of Mice and Men and Migrant Farm Workers of the Great Depression

By matthew clements.

John Steinbeck’s famous hobos, George and Lennie, bring the migrant farm experience of the Great Depression to life in the celebrated classic of American literature, Of Mice and Men . Part of the huge grain growing industry of the American west, Depression Era itinerant farm workers like George and Lennie, mostly single men, traveled by boxcar from farm to farm in search of work and ever since have populated the landscape of the American cultural milieu. Depictions of these hobos are found in many varieties of art, from paintings, photography, music, and literature. This lesson explores the various representations of depression era migrant farm workers and compares them to migrant farm workers of today.

This lesson should take about three class periods.

Students will be able to identify and understand the lifestyle of migrant farm workers during the Great Depression.
Students will be able to understand common characteristics of the hobo experience from various depictions of migrant farm workers in art.
Students will be able to use primary and secondary sources to explain the migrant worker’s lifestyle.
Students will be able to compare the lifestyle of depression era migrant farm workers to the lifestyle of today’s migrant farm workers.
Of Mice and Men , John Steinbeck (any edition)
"The Hobo’s Lullaby" lyrics, Woody Guthrie , Woody Guthrie Official Site
" The Hobo’s Lullaby" audio , YouTube.com
Large sheet of easel paper

After reading Of Mice and Men , explain that migrant farm workers like George and Lennie have been depicted in many varieties of art, and were known by many nicknames like hobos, bindle stiffs, and boxcar Willies. Tell the students we are going to listen to one such depiction in song. Distribute the lyrics to "The Hobo’s Lullaby" by Woody Guthrie and have students listen to the song at least once.

Have students compare the hobo lifestyle depicted in the song to George and Lennie. Write the comparisons on the board, which should include but is not limited to A) drifting from town to town, B) worn clothing, C) not thinking about the future but living month to month, and D) worrying about being in trouble with the law.

Development

Divide students into groups of about four students. Each group will use the Internet to research the lifestyle of migrant farm workers, and will create an aesthetically appealing poster on large sheets of easel paper. Each group’s visual must include the following:

Three unique facts about the lifestyle of a hobo during the Great Depression
An interesting quotation from Of Mice and Men that demonstrates the typical migrant worker’s lifestyle
An image of a hobo found on the Internet (This could be a photo, a painting, a cartoon, etc.)
Three interesting facts about migrant farm workers in America today

Each group should have access to the Internet, a large sheet of easel paper, markers, tape, and scissors. Each student in the group should be responsible for finding one of the four requirements for the visual.

Culmination

Have each group present its visual to the class. Each student in the group needs to participate in the presentation. During each presentation, ensure that a range of ideas about hobo lifestyle is discussed, as well as several pertinent quotations from Of Mice and Men . Most importantly, have each group compare today’s migrant farm workers to the Great Depression’s hobos and to George and Lennie.

Extension Activities

Write a compare/contrast essay on migrant farm workers of today, during the Great Depression, and in Of Mice and Men .
Bring in audio and lyrics to several more "hobo songs" from artists such as Woody Guthrie, Hank Williams, Jimmie Rodgers, and Johnny Cash.
Analyze other passages of literature depicting hobo or migrant farm worker lifestyle, such as Jack Kerouac’s On the Road and John Steinbeck’s The Grapes of Wrath .

Stay up to date, and subscribe to our quarterly newsletter.

Learn how the Institute impacts history education through our work guiding teachers, energizing students, and supporting research.

Search Menu
Sign in through your institution
Advance articles
Books for Review
Author Guidelines
Submission Site
Open Access
About Industrial Law Journal
Editorial Board
Advertising and Corporate Services
Journals Career Network
Self-Archiving Policy
Dispatch Dates
Journals on Oxford Academic
Books on Oxford Academic

Article Contents

1. introduction, 2. a (reconstructed) legal insitutionalist view of labour markets, 3. migration and british labour markets from 1945 to the present, 4. conclusion.

< Previous

Determining the Impact of Migration on Labour Markets: The Mediating Role of Legal Institutions

Article contents
Figures & tables
Supplementary Data

Manoj Dias-Abey, Determining the Impact of Migration on Labour Markets: The Mediating Role of Legal Institutions, Industrial Law Journal , Volume 50, Issue 4, December 2021, Pages 532–557, https://doi.org/10.1093/indlaw/dwab030

Permissions Icon Permissions

Critics of migration often claim that migrant workers displace local workers from jobs and apply downward pressure on wages. This article begins from the premise that it is impossible to understand the impact of migrant workers on labour markets without considering the functioning of law. Drawing on a reconstructed version of legal institutionalism, one that attends to the structuring influences of capitalist political economy and racism, this article considers the mediating role played by labour market institutions, such as collective bargaining and the contract of employment. An analysis of the historiography of migration to the UK since 1945 shows that labour market institutions have played a key role in influencing the inflow of migrant workers as well as the method of their incorporation into the labour market. In turn, migrant workers have intensified dynamics in the labour market that legal institutions have helped create, such as labour market segmentation. Migrant workers have also impacted the legal institutions themselves, either by being crucial actors in the creation of new legal institutions or by shaping the operation of existing ones.

Those who argue for reduced migration often do so on the basis of its assumed negative effects on the labour market. These minatory critics regularly claim that migration displaces local workers from jobs and drives down their wages. 1 Mainstream economists have tried to intervene in these discussions by analysing labour market data to determine the aggregate effects of migration on employment and unemployment rates and the wages of local workers. While acknowledging that the precise employment outcomes of migration will depend on factors such as domestic economic conditions and the skill level of migrants, most studies have found that migration has very little impact on employment outcomes, and a negligible impact on wages, although it is slightly more pronounced among ‘low-skilled’ workers. 2 Invariably, these studies are constructed as small case studies in which economists compare labour market data from geographical areas of high and low migration (‘spatial correlation’), or across skill groups that have experienced more or less competition from migrants (‘skill-cell correlation’), and then statistically parse out the effects of other factors. 3 Individual case studies sometimes provide mixed results since they are beset by definitional issues, limited by the availability of data and plagued by methodological disagreements. However, large-scale literature reviews can provide a fairly reliable picture because they iron out wrinkles that are inherent in small case studies. The Migration Advisory Committee (MAC), set up by the Labour government in 2007 to provide ‘transparent, independent and evidence-based advice to the government on migration issues’, has been asked to review the available economic evidence of migration on labour markets on three separate occasions. 4 MAC has concluded in 2012, 2014 and 2018 that the impact of migration on the labour market is small to non-existent. 5 What explains the findings of these surveys which confound simple economic logic about demand and supply? 6 Economists suggest that in the short term, whether migrants have a negative impact on jobs and wages depends on whether they have skills that substitute or complement those of existing workers. 7 In the longer term, economists point out that migrants add not only to labour supply, but also to labour demand. 8

While these studies provide a valuable perspective, labour lawyers should exercise some caution about simply accepting what mainstream economists tell about the relationships between migration and labour markets. For a start, these economic studies are based on assumptions about a prevailing state of equilibrium in labour markets, which is initially disturbed by migration but then eventually restored. Heterodox economists have long disputed that labour markets operate in this manner, instead emphasising their character as social institutions. Second, economists aim to predict the effects of migration by isolating the impact of migration from other factors using statistical tools such as regression analysis. However, these other factors, rather than clouding the issue, remain highly relevant—for example, how migration interacts with important components of labour markets, such as their labour laws, to produce particular effects, remains a critical question. Third, these studies treat migration as some sort of exogenous shock that needs to be analysed separately from the operation of labour markets themselves. In reality, migrants come looking for work in response to local labour market conditions. This means that migration is at the same time a factor that needs to be explained and also an explanatory factor in its own right. Fourth, economic studies provide only a snapshot on how migration has affected a specific splice of the labour market, while literature reviews provide an aggregate picture of the state of knowledge. What is urgently needed is an analysis of how specific labour markets affect migration, as well as an explanation of how migration impacts upon these labour markets.

Taking as an example the evolution of the British labour market in the period 1945 to the present, this article attempts to make visible the mechanisms by which migration and labour markets have interacted. I draw on a relatively new and inchoate theoretical framework, called legal institutionalism, to provide the theoretical scaffolding for this inquiry. 9 In the view of legal institutionalists, market dynamics are best studied by analysing the evolution of labour market institutions, such as the contract of employment and collective bargaining. Legal institutions are systems of rules inherited from the social environment and which shape the way that market actors behave. 10 In modern capitalist economies, legal institutions are made up primarily of legal norms supported by state-mandated enforcement apparatuses, but legal institutions also include cultural factors that shape the way that legal norms are given effect. If we foreground the role of legal institutions in our analysis of the historiography of migration to the UK since 1945, we can see that labour market institutions have mediated the relationship between migration and labour markets in several important ways. Since legal institutions are responsible for shaping the labour market, the need for migrant workers arises, in part, from their operation. Legal institutions also channel migrants seeking work into particular industries and jobs and determine their terms and conditions of employment. The entry of migrant workers in relatively large numbers—although never quite as high as in the frenzied imagination of migration’s critics—does impact upon labour markets despite economists’ assertations to the contrary. Migration deepens segmentation and can end up influencing the legal institutions themselves. In the following analysis, I use legal institutionalism as a methodological tool to study the relationship between migration and labour markets because it reveals the mediating function of law.

Before I proceed, the terms ‘migrant worker’ and ‘labour market’ require further explanation. Despite being in common usage, the meanings of these terms are not self-evident. Beginning with the concept of a labour market, it is clear that there are two main ways in which the labour market concept is deployed—a general labour market where employers and employees interact with each other and the price of labour is determined by competition (external labour market), and the firm-specific market where the price of labour is determined by administrative rules (internal labour market). 11 This article is mainly interested in the functioning of the external labour market, or more accurately, labour markets since markets can be simultaneously envisioned as sectoral, occupational, local, national and international depending on the actors in question. The term migrant worker —a decidedly contemporary term that I project back to study migration since the middle of the 20th century—is even slipperier. It usually refers to someone who is a national of one country but joins the labour market of another. 12 At the UK national level, a migrant worker has sometimes been defined as someone who is born overseas, while at other times, it is taken to refer to someone who is a national of another country. In either case, migrant workers comprise those who come in search of work but may also include those who enter under other streams—for example, family, study, or as asylum seekers—and eventually join the labour market. In this article, I mainly focus on labour migrants (that is, those who come in search of work), but will occasionally expand my analysis to include other categories of migrants. In some cases, I even include the progeny and descendants of migrants in my analysis because these are the terms in which the racialised debate is sometimes conducted. The inconsistency of meaning, together with the availability of data, make it difficult to accurately measure the number of migrant workers in the labour market at any point in time. While a range of statistical sources can be drawn upon—Long-Term International Migration and International Passenger Surveys, Migrant National Insurance Number Registrations, work permits issued etc.—individually, these sources only gesture at the overall picture.

This article proceeds in three main parts. In Section 2, I provide the key precepts of legal institutionalism and propose two important addendums that are necessary before it can be utilised to study the impacts of migration: situating legal institutions within broader trends in the capitalist political economy, and an account of how racism operates within institutions. Section 3 contains the substantive analysis of how legal institutions have mediated the relationship between migration and labour markets. I provide this history in two chronological periods (1945–80 and 1980–present) for reasons that will soon become clear. The focus of my discussion is how legal institutions have affected the flow and impact of migration, and how migration has in turn impacted upon the labour market and legal institutions. In the concluding section, I briefly summarise my main arguments.

There is nothing natural about describing the contracting of work for pay as a market, although it follows a general pattern in which we tend to think about the economic arena as a series of interlocking markets in which products and inputs are exchanged for money. For critical scholars, the reality of class relations is often concealed by seeing market interactions as underpinned by consensual, contractual relations. Even if we agree on the cautious adoption of the labour market as a unit of analysis, this still raises some questions about how we should conceptualise how markets arise and function. Economists from competing schools of thought hold vastly different views on these questions. According to the neoclassical school, for example, the demand for labour is determined by its marginal productivity and the supply is dependent on marginal utility. 13 Here we are introduced to the ‘methodological individualism’ that characterises the mainstream of economics today, as well as a theory of utility maximisation as the motivating force in human action. Institutional economics provide much better place and time sensitive conceptualisations of markets. One of the key themes of the institutionalists is a rejection of the idea of the utility-maximising economic agent. 14 Instead, for institutionalists, market relationships need to be understood with reference to social structures and discourses. The gravamen of the institutionalist contribution is the idea that institutions —that is, systems of rules inherited from our social environment—shape the way that market participants act. 15 In the act of doing, market participants then reproduce institutions so that they continue to endure in social life. In this view, markets vary considerably across space and time and the best way to study markets is to examine the institutions that underpin them in a society and their transformation over a particular period.

Modern institutionalism has now grown into a complex area of inquiry incorporating rational choice, historical, discursive and organisational institutionalism. 16 In this article, I draw particularly on legal institutionalism, a relatively recent branch of institutionalism. 17 Legal institutionalists emphasise the social rules that undergird markets and are chiefly interested in those rules that are supported by the power and authority of the state. Legal institutionalists do not claim that other social rules, such as those embedded in customary or cultural practices, are immaterial, but simply that they are unlikely to play a comparable role to formal law, which constitutes, shapes and reproduces markets in advanced capitalist societies. For the legal institutionalists, the centrality of law to markets mean that markets have no prior existence to the law. 18 Since markets are underpinned by a range of institutions (eg, money, contract etc.), it is not always simple to identify the relevant legal institutions to study. Following the work of Simon Deakin and Frank Wilkinson, I take the contract of employment (which includes common law principles as well as statutory regulation that prescribe minimum contracting terms) and collective bargaining as the two key labour market institutions. 19 The final legal institution that plays a major role in my analysis is an institution that helps manage the entry of workers into the labour market: migration law. While Deakin and Wilkinson included the duty to work—which in the modern era finds expression in social security law—as a major legal institution regulating entry to the labour market, given the space constraints of this article, my main focus will be migration law. There are, of course, complex relationships to disentangle between migration law and the duty to work, and their respective roles in regulating entry into labour markets, but this remains a task for another day. 20

Before legal institutionalism can be usefully utilised to study how migration impacts labour markets, two correctives are necessary. It is helpful to think of these correctives as operating on a ‘micro’ and ‘macro’ level, respectively. Turning first to the micro-level corrective, legal institutionalism often expresses a single-minded focus on legal norms as guiding human action at the expense of cultural ones which might shape the way that legal norms are given effect in particular situations. This is evident in the conceptualisation of labour markets advanced by legal institutionalists that tends to overlook how racism functions as a constitutive feature of labour markets. 21 Tracing the operation of racism is not merely an exercise driven by current political vogues, but rather critical to understanding how ‘real’ labour markets operate, especially when the issue of migration is under consideration. How then to account for racism’s role in constituting and structuring labour markets? The starting point in this analysis is to recognise that the relevant category of analysis is racism, not race, since racism produces race. 22 Racism is ideological in nature, and as Robert Miles and Malcolm Brown have outlined, it uses biological and/or somatic characteristics to socially differentiate particular populations. 23 Of course, emphasising the ideological character of racism is not to downplay the deeply material effects of racism. As theorists of race and colonialism often point out, the ideological content of racism is deeply informed by the racial ordering system that developed during the colonial period, although its modern manifestations show constant evidence of mutation. 24 If we marry legal institutionalism with an account of racism as an ideology, we can begin to uncover the causal mechanisms at play. We can think of racism as a miasma that pervades all market institutions, and therefore, influences the way that market participants give effect to legal norms in practice. In turn, by operationalising legal norms in all sorts of racially discriminatory ways, racial ideology is reinscribed in legal institutions and kept alive more broadly in society.

The macro-level corrective seeks to situate the legal institutions more squarely in the functioning of contemporary capitalism. Given their methodological commitment to understanding capitalism in a situated way, legal institutionalists have correctly tended to avoid developing universal, teleological principles to describe the progression of markets. Instead, legal institutionalists have tended to draw on various theoretical tools from the biological world to explain the evolution of legal institutions in a gradual, contingent and path-dependent way. 25 However, as a prominent institutionalist has recently argued, institutionalism needs to operate alongside theory of capitalist development. 26 I situate labour market institutions more firmly within ‘accumulation regimes’, which the French régulation school of economics traditionally describe as ‘ social and economic patterns that enable [capital] accumulation to occur in the long term between two structural crises ’. 27 According to these writers, configurations of social relations such as institutions have a direct relationship to the economy by helping to give effect and stabilise particular accumulation regimes. This does not mean that legal institutions simply reflect the needs of capital; they express their own histories, logics, technologies and techniques. However, accumulation regimes have a structuring function on legal institutions, particularly in the labour market. This article analyses migration to the UK from 1945 to 2020, a period that encompasses two different accumulation regimes—the period roughly from 1945 to 1980 is characterised by a ‘Fordist’ accumulation regime and the period from 1980 to present is characterised by a ‘post-Fordist’ accumulation regime. 28

The impacts of migration on labour markets are deep and variegated, and there are many ways to set out the narrative of British regulation from 1945. The periodisation that I adopt below is chronological, delineated by major shifts in British political economy and legal change. Roughly speaking, the first period (1945–80) was when migration to the UK was high in response to labour market gaps created by a high-growth economy, low unemployment and the needs of British industry. This period ends with growing legal restrictions on migration due to a racist backlash at home. The second period (1980–present) begins at the point when Britain started to experiment with a series of radical reforms to address major economic problems that had developed in the preceding decades. While the first two decades of this period were marked by relatively low levels of migration, the inflow of people began to climb from 2000 onwards in response to changes in the labour market precipitated by the Thatcherite reforms and continued under New Labour. This period ends with the passage of a new immigration system designed to restrict ‘unskilled’ immigration.

Writing about Britain’s post-war economic performance, one commentator observed that ‘for a quarter of a century or so after the Second World War the British people enjoyed full employment, no major recessions and the fastest rate of economic growth ever experienced on a sustained basis, as well as its most egalitarian distribution’. 29 These outcomes were the result of what is sometimes called a ‘Fordist’ regime of accumulation, characterised by combination of industrial production through vertically integrated firms, mass consumption, class compromise and the Keynesian welfare state. 30 The government recognised that the longevity of these developments required that sufficient workers could be found to fulfil the requirement for production. 31 To achieve this end, the government used a variety of methods to recruit workers from Europe, including resettling Polish soldiers who had served under British command and recruiting displaced persons through contract labour programmes such as ‘Balt Cygnet’ and ‘Westward Ho!’. By 1950, the population of ‘aliens’ (those not from the British mainland or its overseas territories) almost doubled to 430,000 from 239,000 in 1939. 32 In addition, without direct government intervention, a steady stream of migrants continued to arrive from Ireland in the period following the war—a source of reserve labour in England since the industrial revolution—and by 1970, this group formed the largest minority in Britain (approximately one million). 33

Another large pool of migrant labour arrived from the former Commonwealth countries in the Indian sub-continent and Caribbean. The change that facilitated their arrival had little to do with deliberate government action. In the post-war period, the UK was grappling with its post-imperial future. Keen to demonstrate the ongoing relevance of the British Empire, the Labour government passed the British Nationality Act 1948 , which converted the status of all those who had formerly been subjects into ‘Citizens of the United Kingdom and Colonies’. These citizens, whether born in the UK or overseas in a British colony, had the right to enter and reside in the UK and enjoyed all political, civil and social rights upon arrival. The 1948 Act also recognised as mostly equal the citizenship of the newly independent Commonwealth countries (eg, India, Pakistan and Sri Lanka) and older independent states (eg, Canada and Australia). 34 The proximate cause of the 1948 Act was that several of Britain’s former colonies—Canada, Australia and South Africa—were taking legislative steps to craft independent national identities by defining citizenship in ways that would dilute the meaning of British subjecthood. 35 Although never intended as a piece of immigration legislation, the passage of the 1948 Act had the effect of allowing a relatively large influx of immigration from the Indian sub-continent and Caribbean. 36 Between 1948 and 1962, around 500,000 racialised people (referred to as ‘coloured immigrants’ in public discussions at the time) arrived in Britain. 37 While some employers, such as London Transport, British Rail and the National Health Service, worked actively to recruit workers from these regions, some elements of the state worked behind the scenes to hinder this movement rather than promote it. 38

While the government may have created a facilitative legal framework opening the British labour market to migrants, it is important to recognise that this migration was driven primarily by domestic labour market conditions in Britain. Labour shortages were a major concern in the post-war recovery, which the government estimated to be between 600,000 and 1.3 million in 1946. 39 This situation was further exacerbated by the large numbers of Britons leaving the UK for greener pastures in other countries—between 1946 and 1965, over 1.8 million people left the UK, a great proportion financially aided by post-war migration schemes. 40 In their influential study, Stephen Castles and Godula Kosack argued that it was not only the lack of workers that was the driving cause of migration in post-war Western Europe, but also the structure of national labour markets. 41 According to these authors, in circumstances of low unemployment, indigenous workers were able to graduate to better remunerated and stable jobs, leaving gaps in unskilled manual roles that were difficult to fill. During the period from 1945 to 1970, unemployment rates generally remained between 1% and 3%, only moving beyond this range in 1972, and then, only slowly. 42 Offering higher wages for these undesirable jobs was not seen as a viable response because employers feared a decrease in export competitiveness and the government was worried about inflation. 43 Hence, migrant workers provided an ideal solution. In fact, a migrant workforce may have helped contribute to the competitiveness of British industry during this period by keeping a lid on wage inflation, eliminating production bottlenecks, and allowing the implementation of new work processes such as shift work. 44 Lending support to this thesis, it is clear that many of the racialised workers that arrived in the period following the war occupied semi-skilled and unskilled roles in industries such as the textile industry and in foundry works, or worked as cleaners, porters and kitchen hands in the expanding services sectors. 45 Notable features of this work include low pay, shift work, asocial hours, disagreeable working environments and low levels of upward mobility. 46 In the low-paid services sector, migrant workers were joined by female workers, then entering the labour market in increasing numbers. 47

The legal institutions of the labour market at the time facilitated this mode of migrant labour incorporation. Up until 1963, employers could contract with workers with little statutory constraint, and after that with only minimal regulation in the areas of notice of termination, redundancy and equal pay. 48 Since migration was left up to market forces to determine, the arrival of migrant workers closely tracked economic conditions in Britain and employer preferences. 49 The prevalent system of collective bargaining also did nothing to ameliorate this differential access to the labour market and usually exacerbated it. In the post-war period leading up to the 1970s, collective bargaining consisted of a variety of overlapping agreements at the level of industry, company, and plant. 50 Generally speaking, industry-wide agreements between employer association and unions regulated rates of pay (which acted as minima in practice), while relatively informal plant-level agreements made between local shop stewards and managers regulated a whole host of matters such as incentive pay, overtime and work processes. 51 These negotiations took place in the absence of detailed legal regulation, although not entirely without legal support. 52 Due to the fact that racist ideas had a strong hold over the white working class during this period, informal plant-level agreements often disadvantaged racialised workers—for example, it was common for shop stewards to negotiate ‘colour quotas’, rules prioritising racialised workers for redundancy or allow shift work as long as it only affected migrant workers. 53 Even when shop stewards were not directly colluding with management to implement discriminatory arrangements, there was a general lack of awareness or failure to acknowledge the particular circumstances faced by racialised workers. 54 The way in which the two central labour market institutions functioned during this period demonstrates how interaction of cultural and legal norms manifested in discriminatory outcomes. On the contract of employment, employer prejudice determined who was offered work and on what terms. With regards to collective bargaining, racism among employers and union actors had very real effects in terms of excluding migrant workers from good jobs and promotion.

From the 1960s there was a noticeable hardening of public attitudes towards unskilled immigration from the Indian sub-continent and Caribbean. We can locate some of this shift in attitude within changing material conditions. Although far less severe than the economic deterioration that Britain was to experience in the 1970s, the 1960s were characterised by various economic malaises including stagnation, balance of payment issues and a return to mass unemployment. 55 Rising racial tensions, fomented by racist groups and opportunistic politicians, also played their part. 56 The Conservative government, later supported by Labour, responded by progressively passing legislation to restrict immigration from the New Commonwealth. The first piece of legislation, which was passed in 1962, guaranteed entry to those who held a passport issued by a dependency government (which excluded India and Jamaica, which were the source of most of the immigration) or those who could obtain a work voucher from the Ministry of Labour. Work vouchers were offered for those who had pre-arranged employment or skills/occupations considered to be in short supply. The immigration control had an immediate effect, reducing the number of racialised workers from 136,400 in 1961 to 57,046 in 1963. 57 Further restrictions on vouchers were introduced in 1965, and 1968, 1969 and 1971. 58 The 1971 legislation signalled a particularly stark break with the relatively liberal immigration regime of the prior period because it ended the right of Commonwealth citizens to enter the country unless they had a parent or grandparent born in the UK. The 1968 and 1971 legislation were introduced specifically to prevent—as it turned out unsuccessfully—settlement by South Asians who had been expelled from Kenya and Uganda respectively. 59 Work permits for semi-skilled and unskilled jobs were also no longer issued. 60 This signalled a move away from a system of free mobility to a contract labour system, which tied workers’ entry directly to labour market conditions.

One further development from this period ought to be mentioned. The 1970s also saw an increase in labour organising among racialised workers, particularly among female migrant workers. 61 The most prominent example was the 1976 strike at the Grunwick photo processing plant led by a group of determined South Asian women, which galvanised national support from workers and unions. 62 However, not all of the activism by migrant workers in this period fitted the general mould of action that we would usually associate with labour politics. There was also a surge in activism in the community, including among second-generation migrants. 63 This form of activism was to have important consequences for the way in which access to the labour market was regulated. Mobilisation by community organisations was crucial in the government passing the Race Discrimination Act 1965 and subsequently strengthening the legislative framework to cover discrimination in the private sphere (employment, housing and service provision). 64 In this instance, grassroots pressure coincided with the Labour Government’s stratagem to present racial equality legislation as the quid pro quo of immigration restriction. 65 Social movement pressure was also a significant factor in extending coverage to ‘indirect discrimination’ in 1976, an innovation introduced by the Sex Discrimination Act’s passage a year earlier. While racial discrimination legislation was to have disappointing results overall, 66 these legislative measures did have some effect in improving labour market access for racialised workers by allowing the norm of racial equality to radiate throughout society. 67 Equally importantly, some of the institutional innovations pioneered by the now-defunct Commission for Racial Equality, for example its strategy of initiating proactive investigations, have continued to influence the operation of the Equality and Human Rights Commission today. 68

B. 1980–Present

Margaret Thatcher’s election as Prime Minister on 4 May 1979 marked the beginning of a new era in Britain. The main elements of the Thatcherite political economy are by now well known. Chief among them was a decisive move towards monetarism in macroeconomic policy-making, 69 massive changes to the operation of the financial sector, 70 and public-sector reform. 71 Another key aspect of the Thatcherite agenda was reforming the labour market to conform with a particular vision of free exchange between employer and worker. Paul Davies and Mark Freedland argue that the government was driven by two related goals: ensuring that the labour market could operate flexibly and reducing the power of trade unions that were seen to impose collective restrictions. 72 The powers of trade unions were attacked by imposing procedural constraints on taking strike action (eg, introducing secret balloting requirements), placing severe restrictions on various forms of activity that enhanced the countervailing power of organised labour (eg, closed shop/union membership agreements, secondary action, picketing) and a retreat from various corporatist arrangements that accorded unions an important role in the nation’s economic policy-making process. These transformations were brought about not only by changes to labour law (reducing the scope of the trade union immunities from common law liability), but also by selective amendments to social welfare and criminal law. 73 Given dispensation by the government and reassured that the large numbers of workers joining the ranks of the unemployed would strengthen their bargaining position, private sector employers were quick to take advantage of the situation. They did so by restructuring their operations and by beating back union efforts to engage in collective bargaining. 74 In 1979, over 80% of the workforce had been covered by a collective agreement, after almost two decades of Conservative rule, that number had dropped to less than half of that figure. 75 These labour law changes marked the advent of employment relations based on ‘flexibility’, work intensification and decline in the standard model of employment, which some have described as a ‘post-Fordist’ regime of accumulation. 76

The impacts of this series of changes were profound, leading to a sudden spike in unemployment, which peaked at 13% in 1982 and remained higher than 6% until 1990. 77 These labour market transformations had an enormous impact on migrant workers, including those who had been born in the UK but were nevertheless racialised as outsiders. Deindustrialisation and privatisation led to the gradual disappearances of internal labour markets where workers could join a firm and hope to advance through seniority. 78 This process was also hastened by firms increasingly outsourcing or contracting out ‘core’ functions, and those employed in these new entities were often drawn from the external labour market. 79 While migrant workers did not generally benefit from the operation of internal labour markets due to their exclusion through plant-level agreements, the erosion of internal markets meant that competition increased in external labour markets that were now separated into a ‘core’ segment characterised by job security and mobility, and a ‘secondary’ segment typified by insecure and contingent work. 80 Competition for jobs in the secondary labour market had always been fierce under conditions of high unemployment, but the addition of workers previously employed in firms that relied upon stable models of employment relations, and those who found themselves newly unemployed, intensified competition. Survey data from the period show that migrant workers were disproportionately represented among the unemployed, which means that some of the competition in secondary labour markets was between different groups of migrant workers. 81

This is the context in which additional migration during the 1980s and 1990s needs to be understood. Migration under free movement from the European Economic Community (and European Union after 1993) did not have much of an effect given the entity’s small membership at that time and the similarity of economic conditions with the UK’s. 82 Accordingly, when the government passed the Immigration Act 1988 to ensure that workers from the EEC did not need permission to enter or remain in the UK, immigration did not increase significantly. One of the early actions of the Thatcher government in the field of immigration was to introduce the British Nationality Act 1981 , which finally sundered the concept of citizenship from the Commonwealth and linked it firmly to the British nation. While the legislation retained a quota for work permits from the Commonwealth, this was restricted to 5,000 per year. 83 Over the course of the decade, the number of work permits granted gradually crept up, and by 1996 there were roughly 20,000 work permits, but a significant portion of these went to workers in professional and managerial roles (approximately 70%). 84 Many of these work permits were granted to citizens of the USA and Japan, which were Britain’s major trading partners outside the European Community at the time. 85 It should be noted that non-labour flows of migration continued to rise during this period—for example, political turmoil in countries such as Sri Lanka and Somalia in the 1990s saw a sharp increase in those seeking asylum—and many of those who were ultimately granted refugee status joined the labour market. 86

The Blair government that assumed office in 1997 was committed to continuing significant parts of the agenda that characterised British political economy under the previous Conservative government. 87 Influenced by ‘Third Way’ thinking that emphasised the competitiveness of enterprises along with the equal opportunity and social inclusion of workers, but also never entirely constrained by this philosophy, the Labour government (self-described as ‘New Labour’) retained significant aspects of labour market regulation. 88 New Labour did make some impact and the broad outlines of the employment and labour law reforms that Labour went on to enact can be found in a 1998 White Paper titled ‘Fairness at Work’. 89 The White Paper promised several new rights for individuals, including a new minimum wage, a shorter qualifying period to bring an unfair dismissal claim, working time regulation and an extension of parental leave entitlements. In the case of working time and parental leave, the government was seeking to implement EU-level obligations. In the area of collective bargaining, Labour left intact the basic architecture of the previous government’s draconian anti-union legislation (ballots before strikes, and prohibition of mass/flying pickets and secondary action) but did introduce a new statutory procedure for ascertaining whether majority employee support existed for collective bargaining within a particular workplace. 90 The intention behind New Labour’s labour market regulation was to facilitate the continuation of the post-Fordist regime of accumulation.

These arrangements deepened labour market segmentation in a number of ways and migration became a solution for many of the problems generated by these developments. Flexible production through outsourcing, for example, increased the number of workers subject to the highly competitive secondary segment of the labour market. Equally, the new employment standards stabilised a set of status-based distinctions (agency work, part-time, fixed term etc.) which operated to stratify and fix into place a variety of distinctions in the labour market. 91 Along with other dynamics such as under-investment in training, increasing use of technology by employers and the general immobility of local labour due to social ties, this generated a need for migrant workers at both the ‘high skilled’ and ‘low skilled’ end of the labour market. 92 During the period of New Labour, employers were able to satisfy this demand through a variety of paths. New Labour’s general attitude towards migration was that it could be managed to deliver positive economic outcomes, which explains its relatively relaxed and open attitude towards labour migration. 93 The main avenue was through EU free movement, which since the accession of the ‘EU-8’ countries in 2004, and Bulgaria and Romania three years later (‘EU-2’ countries), has provided a steady stream of workers into low-skilled occupations in industries such as hospitality, transport & storage, manufacturing and agriculture. 94 Some booming sectors, such as construction, looking to benefit from weaker labour rights in some of the newly acceded states, imported workers under the EU’s posted worker regime. 95 Workers from non-EEA countries could also enter the country via a range of mechanisms including by obtaining a work permit, as Working Holiday Makers, under the Seasonal Agricultural Workers Scheme, Sector Based Schemes (2003–2008), or the Highly Skilled Migrants Programme (2002–08). 96 From 2008, a ‘Points-Based System’ (PBS) was introduced to replace a number of the routes of entry for non-EEA migrants. 97 Work permits, and the PBS that superseded it, provided workers for sectors such as IT, finance and education. 98 By the end of the decade, nationals from India, USA, China, Japan and Australia were generally the top users of this route. 99 It is important to note that unlike the migration from the former Commonwealth during the 1945–80, this second significant wave of migration—the overall migrant population nearly doubled between 2005 and 2017, rising from 5.3 million to 9.4 million— 100 occurred during a period of relatively high unemployment (between 2000 and 2016, unemployment stubbornly remained at close to five percent or above). 101 So, rather than labour shortages, the segmented labour markets produced by the Thatcherite reforms and continued by New Labour created the conditions for the entry of migrant workers during this period.

How did labour market institutions channel this new influx of workers into particular industries and jobs? The answer to this question is complicated and requires us to consider the operation of labour market institutions in which racism is an entrenched feature. Many of the highly skilled workers that entered during this period did so under EU free movement or work permits. These workers were motivated to choose particular jobs and remain in them either through high wages/good working conditions, tied visas, or a combination of the two. Time-bound, employer-tied visas mean that workers are less likely to challenge their employer because they fear they will be deported, which can produce servile employment relations in the labour market. 102 In contrast, low-skilled workers entering the UK under EU free movement (primarily from E-8 and EU-2 countries) were guided into particular jobs and kept there through labour market institutions in which racism was an embedded feature. Alana Lentin has pointed out that a new form of ‘xenoracism’, directed against Eastern Europeans, has taken root in Britain, meaning racism that is based on perceived cultural differences rather than simply being colour-coded. 103 Given the challenge of enforcing equality norms contained in anti-discrimination law at the point of recruitment, the contract of employment continued to provide employers with almost complete discretion in deciding which jobs to offer workers as well as their working conditions once employed. There is ample evidence that some employers prefer hiring migrant workers for low-wage jobs because they expect that these workers will have lower expectations around wages, temporal rhythms and the place of work; employers, of course, rarely explicitly stated this view, instead choosing to express their preferences in terms of statements about ‘superior work ethic’. 104

Once migrant workers have begun to work in the secondary segment through the sorting function of legal institutions, they can soon become entrenched within this segment. This is because of two dynamics within legal institutions concerning their operation in relation to migrants. The first dynamic relates to the way in which legal norms can interact to reinforce precarity for migrant workers. Take for example the protection against unfair dismissal, which is the primary means for workers to attain a measure of job security in the labour market. The Employment Rights Act 1996 requires that an employee has served a minimum of 2 years’ continuous service before accruing this right, which for some migrant workers presents a particular difficulty because of the operation of time-limited of visas or their employment in temporary roles with irregular hours. 105 Another example is the way in which the courts can deem contracts ‘illegal’, and therefore unenforceable when it comes to claiming employment rights, in circumstances where workers are ‘illegally’ working under s 34 of the Immigration Act 2016. 106 This population is estimated to be between 800,000 and 1.2 million in the UK; 107 a portion of these workers might have commenced work with the proper authorisation but lost it due to a variety of administrative reasons. The second dynamic relates to the way in which employment rights are enforced in Britain. A panoply of enforcement agencies (HRMC, HSE, GLAA, EAS) that are supposed to uphold employment standards have trouble fulfilling their mandates due to under resourcing, lack of coordination among agencies, and absence of specific strategies to target migrant workers. 108 This means that workers are required to enforce their own individual rights by bringing claims in the Employment Tribunal system, and individual enforcement of rights tends to be especially low among low-wage migrant workers. 109 The near absence collective bargaining in the industries in which migrant workers were employed means that unions, now predisposed to observe anti-racism norms, have not been able to ameliorate some of these effects. The segmentation of the labour market and the employment of migrants in the secondary segment has a self-reinforcing tendency. The gradual deterioration of working conditions leads local workers to eschew these jobs, and employers look to migrant workers as a substitute workforce, developing symbiotic relationships with labour contractors or migrant/ethnic networks to fill these positions. This dynamic is visible in a number of sectors, such as food processing, 110 hospitality 111 and social care. 112

Since the UK’s exit from the European Union, the government has implemented a new immigration system, which represents a radical break from free movement that characterised the previous regime. This system has been in place since 1 January 2021. At the heart of the system is an expansion of the Tier 2-visa route. Applicants must have a job offer by an approved sponsor that pays above the minimum salary level, which is the higher of £25,500 or a stipulated ‘going rate’ (or £20,480 in certain circumstances), a job at least at the intermediate skill level (RFQ3 or above), and English language skills. As Jonathan Portes has recently observed, the new immigration system represents a major liberalisation for non-EU migrants, since about half of all full-time jobs would now qualify someone for a Tier 2 visa. 113 The visa requirements in essence prevent so-called low-skilled migration, although sector-specific alternatives might be rolled out such as the Seasonal Agricultural Workers Pilot programme designed for the agricultural sector. Employers in the secondary segment employing low-wage and precarious workers are likely to be lose out by these changes, and there is already some evidence of this in sectors such as hospitality. 114

The above analysis reveals that legal institutions have played an important mediating role in the relationship between migration and labour markets since 1945, when sustained immigration to the UK began. The specific mediating role has shifted over time. During the Fordist period of accumulation, which saw an influx of migrant workers from the former Commonwealth countries, the legal institutions funnelled workers into semi and unskilled jobs in export-oriented manufacturing and the expanding services sector, ensuring that they remained there by hindering their promotion. Organising by migrants shaped the labour market by creating a legal institution that promoted equality norms. In the post-Fordist period of accumulation, major reforms to labour market institutions created a highly flexible but segmented labour market. The wave of migrants that arrived in the new millennium, particularly from E-8 and E-2 countries, was channelled into jobs at both the upper and lower ends of the labour market. The legal institutions operate to keep migrants initially placed in the secondary sector confined to it. As a corollary, given that the UK has decided to restrict the migration of ‘low-skilled’ and low-wage workers going forward, are we likely to see the predictions of anti-migrant fabulists about rising wages and plentiful jobs come true? It is unlikely. Rather, we can be fairly sure that as long as the legal institutions of the labour market remain unchanged, the dynamics described in this article will remain in place.

This article was presented at an online event organised by the ‘Work on Demand’ team in June 2021 and benefited greatly from the comments received from members of the audience. I also want to thank Bridget Anderson, Ruth Dukes, Paddy Ireland and the two anonymous reviewers who provided very helpful feedback on an earlier draft. All errors of fact and interpretation, of course, remain my own.

These arguments was often raised in the fractious debate leading up to the UK’s vote on membership of the European Union—see, eg, C. Cooper, ‘Boris Johnson Says “Uncontrolled” Immigration from EU Is Driving Down Wages and Putting Pressure on NHS’ The Independent (23 March 2016). https://www.independent.co.uk/news/uk/politics/boris-johnson-says-uncontrolled-immigration-eu-driving-down-wages-and-putting-pressure-nhs-a6948346.html (accessed 15 July 2021).

See, eg, S. Nickell and J. Saleheen, ‘The Impact of Immigration on Occupational Wages: Evidence from Britain’ (London: Bank of England, 2015). Staff Working Paper No. 574. https://www.bankofengland.co.uk/-/media/boe/files/working-paper/2015/the-impact-of-immigration-on-occupational-wages-evidence-from-britain.pdf?la=en&hash=16F94BC8B55F06967E1F36249E90ECE9B597BA9C ; S. Lemos and J. Portes, ‘New Labour? The Impact of Migration from Central and Eastern European Countries on the UK Labour Market’ (Bonn: Forschungsinstitut zur Zukunft der Arbeit (Institute for the Study of Labor), 2008) Discussion Paper Series IZA DP No. 3756. https://www.iza.org/publications/dp/3756/new-labour-the-impact-of-migration-from-central-and-eastern-european-countries-on-the-uk-labour-market ; C. Dustmann, F. Fabbri and I. Preston, ‘The Impact of Immigration on the British Labour Market’ (2005) 115 Economic Journal F324.

C. Devlin and others, ‘Impacts of Migration on UK Native Employment: An Analytical Review of the Evidence’ (London: Home Office and Department of Businesses Innovation & Skills, 2014) Occasional Paper 19. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/287287/occ109.pdf .

M. Ruhs, ‘“Independent Experts” and Immigration Policies in the UK: Lessons from the Migration Advisory Committee and the Migration Observatory’ in M. Ruhs, K. Tamas and J. Palme (eds), Bridging the Gaps: Linking Research to Public Debates and Policy-Making on Migration and Integration (Oxford: Oxford University Press 2019), at 72.

D. Metcalf (Chair), ‘Analysis of the Impacts of Migration’ (London: Migration Advisory Committee, 2012); D. Metcalf (Chair), ‘Migrants in Low-Skilled Work: The Growth of EU and Non-EU Labour in Low-Skilled Jobs and Its Impact on the UK’ (London: Migration Advisory Committee, 2014); A. Manning (Chair), ‘EEA Migration in the UK: Final Report’ (London: Migration Advisory Committee, 2018).

On the left, a crude reading of Marxism arrives at the same position—see, eg, A. Nagle, ‘The Left Case Against Open Borders’ (2018) II American Affairs . https://americanaffairsjournal.org/2018/11/the-left-case-against-open-borders/ . However, sophisticated and contextual analyses present a more complicated picture: see, eg, C. Czabla, ‘Reading Marx on Migration’ ( Legal Form , 30 July 2018). https://legalform.blog/2018/07/30/reading-marx-on-migration-chris-szabla/ .

M. Ruhs and C. Vargas-Silva, ‘The Labour Market Effects of Immigration’ (The Migration Observatory 2020) Briefing. https://migrationobservatory.ox.ac.uk/resources/briefings/the-labour-market-effects-of-immigration/ (accessed 29 April 2021).

J. Portes, What Do We Know and What Should We Do About Immigration? (London: Sage Publications, 2019), at 29.

See, eg, S. Deakin and F. Wilkinson, The Law of the Labour Market: Industrialization, Employment, and Legal Evolution (Oxford: Oxford University Press, 2005); G. M. Hodgson, Conceptualizing Capitalism: Institutions, Evolution, Future (Chicago: University of Chicago Press, 2015); S. Deakin and others, ‘Legal Institutionalism: Capitalism and the Constitutive Role of Law’ (2017) 45 Journal of Comparative Economics 188; K. Pistor, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton, NJ: Princeton University Press, 2019). See Section 2 of this paper for further elaboration.

G. M. Hodgson, ‘What Are Institutions?’ (2006) 40 Journal of Economic Issues 1.

J. Howe, R. Johnstone and R. Mitchell, ‘Constituting and Regulating the Labour Market for Social and Economic Purposes’ in C. Arup and others (eds), Labour Law and Labour Market Regulation (Sydney: Federation Press, 2006).

See, eg, definition of ‘migrant worker’ in International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3.

For a good discussion of the neoclassical theory on the demand for labour and supply of labour, see J. E. King, Labour Economics , 2nd edn (London: MacMillan, 1990), Chs 2 and 3.

See, eg, G. M. Hodgson, The Evolution of Institutional Economics (London: Routledge, 2004).

Hodgson, ‘What Are Institutions?’ (n.10).

J. L. Campbell and O. K. Pedersen, ‘Introduction’, The Rise of Neoliberalism and Institutional Analysis (Princeton, NJ: Princeton University Press, 2001).

See above n.9.

Legal norms and enforcement mechanisms clearly play an important role in the functioning of labour markets, although there are varying conceptualisations of the role that law plays in regulating the exchange of labour power for money. In the neoclassical and Hayekian traditions, which are quick to condemn the market-distorting effects of law, there is still an acknowledgement that certain laws, primarily property and contract, play an important market-facilitative role: see A. Lang, ‘Market Anti-Naturalisms’ in J. Destautels-Stein and C. Tomlins (eds), Searching for Contemporary Legal Thought (Cambridge: Cambridge University Press, 2017).

Deakin and Wilkinson (n.9).

While the Duty to Work and migration law will work in tandem to control supply in labour markets, they are also often pitted against each other since migration is said, erroneously, to undermine domestic welfare systems: see, eg, P. Hansen, A Modern Migration Theory: An Alternative Economic Approach to Failed EU Policy (London: Agenda Publishing, 2021).

L. Tilley and R. Shilliam, ‘Raced Markets: An Introduction’ (2018) 23 New Political Economy 534.

On the social construction of race, see, eg, M. Omi and H. Winant, Racial Formation in the United States , 3rd edn (London: Routledge, 2015).

R. Miles and M. Brown, Racism , 2nd edn (London and New York: Routledge, 2003). See also A. Sivanandan, ‘Race, Class and the State: The Black Experience in Britain’ 17 Race and Class 347.

S. Virdee, Racism, Class and the Racialized Outsider (Basingstoke: Palgrave Macmillan, 2014); R. Shilliam, Race and the Undeserving Poor: From Abolition to Brexit (Newcastle upon Tyne: Agenda Publishing, 2018).

Hodgson sees the process of evolution through the lens of a redeemed social Darwinianism shorn of its racially legitimating applications: G. M. Hodgson, Economics and Evolution: Bringing Life Back into Economics , reprint edition (Ann Arbor, MI: University of Michigan Press, 1996). Deakin and Wilkinson, influenced by systems theory, see legal evolution as only weakly linked with economic transformations: Deakin and Wilkinson (n.9).

W. Streeck, ‘Institutions in History: Bringing Capitalism Back in’ (Cologne: Max Planck Institute for the Study of Societies, 2009). https://www.mpifg.de/pu/mpifg_dp/dp09-8.pdf .

R. Boyer and Y. Saillard, ‘A Summary of Régulation Theory’ in Robert Boyer and Yves Saillard (eds), Régulation Theory: The State of the Art (London: Routledge, 2002). For the text that is often seen as launching this perspective, see M. Aglietta, A Theory of Capitalist Regulation—The US Experience (London: Verso, 2015).

P. Thompson, ‘Disconnected Capitalism: Or Why Employers Can’t Keep Their Side of the Bargain’ (2003) 17 Work, Employment and Society 359; M. Vidal, ‘Postfordism as a Dysfunctional Accumulation Regime: A Comparative Analysis of the USA, the UK and Germany’ (2013) 27 Work, Employment and Society 451.

R. Middleton, The British Economy Since 1945 (London: MacMillan, 2000), 25. Cf. those who thought that the period following the Second World War was marred by a series of malaises including low rates of growth relative to comparable economies, balance of payment problems, and eclipsed imperial ambitions that acted as a drain on resources, including A. Shonfield, British Economic Policy Since the War (Harmondsworth: Penguin Books, 1958).

See Thompson (n.28); Vidal (n.28).

C. Holmes, John Bull’s Island: Immigration & British Society, 1871–1971 (London: MacMillan, 1988), at 210.

Ibid., at 214.

Ibid., at 216.

For a discussion of the various statuses under the 1948 Act and their relation, see I. S. Patel, We’re Here Because You Were There: Immigration and the End of Empire (London: Verso, 2021), 56–58.

N. El-Enany, Bordering Britain: Law, Race and Empire (Manchester: Manchester University Press, 2020), Ch 3.

B. Anderson, Us and Them?: The Dangerous Politics of Immigration Control (Oxford: Oxford University Press, 2013).

El-Enany (n.35).

G. K. Bhambra and J. Holmwood, ‘Colonialism, Postcolonialism and the Liberal Welfare State’ (2018) 23 N ew Political Economy 574.

Patel (n.34), at 46.

Ibid., at 51.

S. Castles and G. Kosack, Immigrant Workers and Class Structure in Western Europe , 2nd edn (Oxford: Oxford University Press, 1985). While unemployment rates spiked in 1946–47, the Labour Government’s policies directed at achieving full employment succeeded, managing to reduce unemployment to under 2% of the insured labour force from 1948 onwards: K. O. Morgan, Labour in Power, 1945–1951 (Oxford: Oxford University Press, 1984), at 183.

J. Denman and P. McDonald, ‘Unemployment Statistics from 1881 to the Present Day’ (London: Labour Market Statistics Group, Central Statistical Office, 1996) Special Feature Prepared by the Government Statistical Service.

For a good contextual discussion of these concerns, see A. Gamble, Britain in Decline: Economic Policy, Political Strategy, and the British State , 4th edn (London: MacMillan, 1994).

Castles and Kosack (n.41), at Ch IX.

Sivanandan (n.23); B. Hepple, Race, Jobs and the Law in Britain (London: Allen Lane/Penguin, 1968), at Ch 4; R. Ramdin, The Making of the Black Working Class in Britain (London: Verso, 2017), at 238–40.

Ramdin (n.45).

Ibid, 234–5.

R. Lewis, ‘The Historical Development of Labour Law’ (1976) 14 British Journal of Industrial Relations 1.

Sivanandan (n.23).

Lord Wedderburn, The Worker and the Law , 3rd edn (Harmondsworth: Penguin Books, 1986), at Ch 4.

Lord Donovan (Chairman), ‘Royal Commission on Trade Unions and Employers’ Associations, 1965–1968. Report Presented to Parliament by Command of Her Majesty’ (London: Her Majesty’s Stationery Office, 1968).

O. Kahn-Freund, ‘Labour Law’, Selected Writings (London: Stevens, 1978). For an insightful discussion of how Kahn-Freund conceptualised the role of the state, see R. Dukes, ‘Otto Kahn-Freund and Collective Laissez-Faire: An Edifice Without a Keystone’ (2009) 72 Modern Law Review 220.

J. Wrench, ‘Unequal Comrades: Trade Unions, Equal Opportunity and Racism’ (Centre for Research in Ethnic Relations, University of Warwick, 1986) Policy Papers in Ethnic Relations 5; E. J. B. Rose and Others, ‘Colour & Citizenship: A Report on British Race Relations’ (London: Institute of Race Relations, 1969), at Ch 19; S. Virdee, ‘Racism and Resistance in British Trade Unions, 1948–79’ in P. Alexander and R. Halpern (eds), Racializing Class, Classifying Race: Labour and Difference in Britain, the USA and Africa (London: Palgrave Macmillan UK, 2000).

Wrench (n.53).

J. Hughes, ‘The British Economy: Crisis and Structural Change’ (1963) 21 New Left Review .

R. Trust (1982) cited in R. Miles, Racism & Migrant Labour (London: Routledge and Kegan Paul, 1982), at 163. Immigration policy was enacted through a mixture of legislative and administrative rule changes. For example, the entry of partners and dependents was often regulated through changes to administrative rules.

Patel (n.34).

J. Clarke and J. Salt, ‘Work Permits and Foreign Labour in the UK: A Statistical Review’ [2003] Labour Market Trends 563.

There were strikes by female migrant workers in 1972 (Mansfield Hosiery Mills Ltd), 1974 (Imperial Typewriters) and 1976 (Grunwick)—see S. Anitha and R. Pearson, Striking Women: Struggles & Strategies of South Asian Women Workers From Grunwick to Gate Gourmet (London: Lawrence & Wishart, 2018).

On Asian youth movements—see A. Ramamurthy, Black Star: Britain’s Asian Youth Movements (London: Pluto Press, 2013). On the IWA, see J. DeWitt, Indian Workers’ Associations in Britain (Oxford: Oxford University Press, 1969). On CARD, see B. W. Heineman, Politics of the Powerless: Study of the Campaign against Racial Discrimination (Oxford: Oxford University Press, 1972).

See Heineman (n.63).

El-Enany (n.35), at 106–7.

See, eg, J. Solomos, ‘From Equal Opportunity to Anti-Racism: Racial Inequality and the Limits of Reform’ (London: Birkbeck Public Policy Centre, Birkbeck College, 1989) Policy Papers in Ethnic Relations 17.

B. Hepple, ‘Have Twenty-Five Years of the Race Relations Acts in Britain Been a Failure?’ in B. Hepple and E. M. Szyszczak (eds), Discrimination: The Limits of Law (London: Mansell, 1992), 20.

C. O’Cinneide, ‘The Commission for Equality and Human Rights: A New Institution for New and Uncertain Times’ (2007) 36 Industrial Law Journal 141; B. Hepple, ‘The New Single Equality Act in Britain’ (2010) 5 Equal Rights Review 11.

N. Kaldor, ‘How Monetarism Failed’ (1985) May–June Challenge 4.

M. Moran, The Politics of the Financial Services Revolution: The USA, UK and Japan (London: Palgrave Macmillan, 1991), at Ch 3.

K. Albertson and P. Stepney, ‘1979 and All That: A 40-Year Reassessment of Margaret Thatcher’s Legacy on Her Own Terms’ (2020) 44 Cambridge Journal of Economics 319.

P. Davies and M. Freedland, Labour Legislation and Public Policy (Oxford: Clarendon Press, 1993), at Chs 9 and 10.

Ibid., at Ch 9.

K. D. Ewing, J. Hendy and C. Jones (eds), A Manifesto for Labour Law: Towards a Comprehensive Revision of Workers’ Rights (London: Institute of Employment Rights, 2016), at 4.

Thompson (n.28); Vidal (n.28).

Denman and McDonald (n.42).

J. Lovering, ‘A Perfunctory Sort of Post-Fordism: Economic Restructuring and Labour Market Segmentation in Britain in the 1980s’ (1990) 4 Work, Employment and Society 9.

P. Davies and M. Freedland, Towards a Flexible Labour Market: Labour Legislation and Regulation Since the 1990s (Oxford: Oxford University Press, 2007), at 11. See also H. Collins, ‘Independent Contractors and the Challenge of Vertical Disintegration to Employment Protection Laws’ (1990) 10 Oxford Journal of Legal Studies 353.

For a good summary of the various theories of labour market dualism/segmentation, see J. Peck, Workplace: The Social Regulation of Labour Markets (New York: The Guilford Press, 1996), at Ch. 3 and S. Deakin, ‘Addressing Labour Market Segmentation: The Role of Labour Law’ (Governance and Tripartism Department, International Labour Office 2013) Working Paper 52.

C. Brown, Black and White: The Third PSI Survey (London: Heinemann, 1984).

‘International Migration: A Recent History—Office for National Statistics’ (15 January 2015). https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/articles/internationalmigrationarecenthistory/2015-01-15 (accessed 1 May 2021).

El-Enany (n.35), at 126. For the increased numbers, see J. Salt and V. Bauer, ‘Managing Foreign Labour Immigration to the UK: Government Policy and Outcomes Since 1945’ (London: UCL Migration Research Unit, 2020).

Clarke and Salt (n.60).

J. Salt and R. T. Kitching, ‘Labour Migration and the Work Permit System in the United Kingdom’ (1990) 28 International Migration 267.

P. W. Walsh, ‘Asylum and Refugee Resettlement in the UK’ (The Migration Observatory 2021) Briefing. https://migrationobservatory.ox.ac.uk/resources/briefings/migration-to-the-uk-asylum/ (accessed 1 May 2021).

See, eg, R. Heffernan, New Labour and Thatcherism: Political Change in Britain (London: Palgrave, 2001).

For a distillation of ‘Third Way’ thinking, see H. Collins, ‘Is There a Third Way in Labour Law?’ in J. Conaghan, R. M. Fischl and K. Klare (eds), Labour Law in an Era of Globalization: Transformative Practices & Possibilities (Oxford: Oxford University Press, 2000). For a discussion of the distance between the practice of New Labour and the ideology of Third Way, see S. Fredman, ‘The Ideology of New Labour Law’ in C. Barnard, S. Deakin and G. Morris (eds), The Future of Labour Law: Liber Amicorum Sir Bob Hepple (Oxford: Hart Publishing, 2004).

‘Fairness at Work. Presented to Parliament by the President of the Board of Trade by Command of Her Majesty’ (1998) Cm 3968.

For extended analyses of New Labour’s reform to the legal institutions of the labour market, see T. Novitz and P. Skidmore, Fairness at Work (Oxford: Hart Publishing, 2001); A. Bogg, The Democratic Aspects of Trade Union Recognition (Oxford: Hart Publishing, 2004).

Deakin (n.80).

B. Anderson and M. Ruhs, ‘Migrant Workers: Who Needs Them? A Framework for the Analysis of Staff Shortages, Immigration, and Public Policy’ in M. Ruhs and B. Anderson (eds), Who Needs Migrant Workers? (Oxford: Oxford University Press, 2010).

W. Sommerville, Immigration under New Labour (Bristol: Policy Press, 2007). For a sophisticated account of the economic, ideological and institutional factors leading to New Labour’s position on immigration, see E. Consterdine, Labour’s Immigration Policy: The Making of the Migration State (London: Palgrave Macmillan, 2018).

M. Fernández-Reino, ‘Migrants in the UK Labour Market: An Overview’ (The Migration Observatory 2021) Briefing. https://migrationobservatory.ox.ac.uk/resources/briefings/migrants-in-the-uk-labour-market-an-overview/ .

N. Lillie and I. Greer, ‘Industrial Relations, Migration, and Neoliberal Politics: The Case of the European Construction Sector’ (2007) 35 Politics & Society 551; C. Woolfson, ‘Labour Migration, Neoliberalism and Ethno-Politics in the New Europe: The Latvian Case’ (2009) 41 Antipode 952.

Salt and Bauer (n.83).

M. Zou, ‘Employer Demand for “Skilled” Migrant Workers: Regulating Admission under the United Kingdom’s Tier 2 (General) Visa’ in J. Howe and R. Owens (eds), Temporary Labour Migration in the Global Era: The Regulatory Challenges (Oxford: Hart Publishing, 2016).

M. Sobolewska and R. Ford, Brexitland: Identity, Diversity and the Reshaping of British Politics (Cambridge: Cambridge University Press, 2020), at 30.

Office of National Statistics, ‘Unemployment Rate (Aged 16 and Over, Seasonally Adjusted)’ ( Labour Market Statistics Time Series ). https://www.ons.gov.uk/employmentandlabourmarket/peoplenotinwork/unemployment/timeseries/mgsx/lms (accessed 19 May 2021).

B. Anderson, ‘Migration, Immigration Controls and the Fashioning of Precarious Workers’ (2010) 24 Work, Employment and Society 300.

A. Lentin, ‘Cameron’s Immigration Hierarchy: Indians Good, Eastern Europeans Bad’ The Guardian (18 February 2013). https://www.theguardian.com/commentisfree/2013/feb/18/cameron-immigration-indians-good >.

Anderson and Ruhs (n.92).

ERA 1996, s 108(1).

For an insightful discussion of how the illegality doctrine in relation to employment claims is likely to be treated under a situation of statutory illegality, see A. Bogg, ‘Irregular Migrants and Fundamental Social Rights: The Case of Back-Pay under the English Law on Illegality’ in B. Ryan (ed), Migrant Labour and the Reshaping of Employment Law (Oxford: Hart Publishing, forthcoming).

P. Connor and J. S. Passel, ‘Europe’s Unauthorized Immigrant Population Peaks in 2016, Then Levels Off’ (Washington, DC: Pew Research Centre, 2019). https://www.pewresearch.org/global/2019/11/13/europes-unauthorised-immigrant-population-peaks-in-2016-then-levels-off/ .

D. Metcalf, United Kingdom Labour Market Enforcement Strategy 2018/19 (London: HM Government, 2018) Presented to Parliament pursuant to s 5 (1) of the Immigration Act 2016. https://www.webarchive.org.uk/access/resolve/20180522191539 or https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/705503/labour-market-enforcement-strategy-2018-2019-full-report.pdf (accessed 1 May 2021).

C. Barnard, ‘Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals’ in Cathryn Costello and Mark Freedland (eds), Migrants at Work: Immigration and Vulnerability in Labour Law (Oxford: Hart Publishing, 2014).

A. Geddes and S. Scott, ‘UK Food Businesses’ Reliance on Low-Wage Migrant Labour: A Case of Choice or Constraint’ in B. Anderson and M. Ruhs (eds), Who Needs Migrant Workers? Labour Shortages, Immigration, and Public Policy (Oxford: Oxford University Press, 2010).

A. Batnitzky and L. McDowell, ‘The Emergence of an “Ethnic Economy”? The Spatial Relationships of Migrant Workers in London’s Health and Hospitality Sectors’ (2013) 36 Ethnic and Racial Studies 1997.

F. van Hooren, ‘Varieties of Migrant Care Work: Comparing Patterns of Migrant Labour in Social Care’ (2012) 22 Journal of European Social Policy 133.

J. Portes, ‘Immigration and the UK Economy After Brexit’ (Bonn: IZA Institute of Labor Economics, 2021) Discussion Paper Series.

D. Strauss, ‘Surge in Hiring as Hospitality Reopens Adds to Pressure on Labour Market’ [2021] Financial Times . https://www.ft.com/content/98c3a781-7661-41a7-b6a3-4ff9a0a10b9b .

Month:	Total Views:
October 2021	566
November 2021	178
December 2021	168
January 2022	244
February 2022	197
March 2022	232
April 2022	247
May 2022	171
June 2022	161
July 2022	66
August 2022	78
September 2022	106
October 2022	156
November 2022	199
December 2022	223
January 2023	160
February 2023	122
March 2023	137
April 2023	141
May 2023	123
June 2023	91
July 2023	81
August 2023	78
September 2023	99
October 2023	207
November 2023	161
December 2023	124
January 2024	190
February 2024	133
March 2024	190
April 2024	243
May 2024	245
June 2024	77
July 2024	107
August 2024	35

Email alerts

Citing articles via.

Recommend to your Library

Affiliations

Online ISSN 1464-3669
Print ISSN 0305-9332
Copyright © 2024 Industrial Law Society
About Oxford Academic
Publish journals with us
University press partners
What we publish
New features
Open access
Institutional account management
Rights and permissions
Get help with access
Accessibility
Advertising
Media enquiries
Oxford University Press
Oxford Languages
University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

Copyright © 2024 Oxford University Press
Cookie settings
Cookie policy
Privacy policy
Legal notice

This Feature Is Available To Subscribers Only

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Types of migration

Labour migration

Data sources & measurement, further reading.

According to the latest available estimates, there were 169 million international migrant workers globally in 2019 and they constituted 4.9 per cent of the global labour force ( ILO, 2021 ). These international migrant workers made up approximately 69 per cent of the world’s international migrant population of working age (aged 15 and over) in 2019 ( ILO, 2021 ).

Crossing national borders to work is one of the key motivations behind international migration, whether driven by economic inequalities, seeking employment, or both. The additional impact of economic, political and environmental crises and shifting demographics, with ageing populations in some parts of the world and a “youth bulge” in others, contribute to rising labour migration ( Ozel et al., 2017 ).

Distribution of migrant workers in 2019, by region (ILO, 2021)_0

There is no internationally accepted statistical definition of labour migration. However, the main actors in labour migration are migrant workers , which the International Labour Organization (ILO) defines as:

A person who “is to be engaged or has been engaged in a remunerated activity in a state of which he or she is not a national” ( United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 1990, Article 2(1) ).

The United Nations Statistics Division (UN SD) also provides a statistical definition of a foreign migrant worker :

“Foreigners admitted by the receiving State for the specific purpose of exercising an economic activity remunerated from within the receiving country. Their length of stay is usually restricted as is the type of employment they can hold. Their dependents, if admitted, are also included in this category.” ( UN SD, 2017 ).

While migrant workers are often also international migrants, not all are (see table below). It is important to note the difference between the definition of a foreign migrant worker and an international migrant . An international migrant is defined as:

“any person who changes his or her country of usual residence” ( UN DESA, 1998 ).

Data on international migrant stocks are mostly based on country of birth (if different from country of residence). Where no information on country of birth is available in censuses, data on international migrant stocks are based on country of citizenship ( UN DESA, 2016:4 , UN SD, 2017 ). When defining migrant workers , emphasis is placed on a person’s citizenship rather than on their country of birth ( ILO, 2015 ).

: Adapted from .

Note 1: Border workers, consular officials and military personnel are excluded from the definition of an international migrant ( )

Note 2: “Existing estimates on the total number of international migrants ( ) produced by UN DESA equate international migrants with the foreign-born wherever possible. In the case of nearly 20 per cent of all countries and areas globally where data on the country of birth are not available, UN DESA use country of citizenship and equates international migrants with foreign citizens.”
Type of migrant	Is a foreign migrant worker?	Is an international migrant (according to the )?
Citizen of the country of residence who is working and was born in another country	as did not move in search of work	, as the country of birth is different from the country of residence (see definition in )
Person born in, and working in the country in question, but who does not have citizenship
Citizen returning to work in the country in question after working abroad	, as holding the citizenship of the country in question	due to change in country of residence
Border workers (who reside in one country but work in another)
Consular official
Military personnel

According to the ILO's most recent estimates, there were an estimated 169 million migrant workers globally in 2019 ( ILO, 2021 ). Over two-thirds of all migrant workers were concentrated in high-income countries and approximately 60.6 per cent were located in three subregions: 24.2 per cent in Northern, Southern and Western Europe; 22.1 per cent in Northern America; and 14.3 per cent in the Arab States ( ibid. ). The importance of these top three subregions in terms of the number of international migrant workers they host has not diminished over time. According to previous estimates, the same three subregions hosted the biggest shares of all migrant workers: 60.2 per cent in 2013 and 60.8 per cent in 2017 ( ibid. ). The five OECD countries with the highest inflows of migrant workers in 2022 were United Kingdom (170,300), United States of America (145,700), Canada (135,800), Germany (89,900) and New Zealand (74,800) ( OECD, 2023 ).

Between 2010 and 2019, the number of international migrant workers in Africa increased from 9.6 million to 14.5 million respectively. The average annual growth rate among migrant workers (4.8%) is higher than that of the overall African population (2.7%) ( African Union, 2024 ; African Union Commission and JLMP partners, 2021 ). In 2019, international migrant workers accounted for 2.8 per cent of the total labour force in Africa. Regionally 82 per cent of the migrant workers in Africa in 2019 were in East Africa (4.1 million), West Africa (4.3 million) and Southern Africa (3.5 million), 10 per cent in Central Africa (1.5 million) and Northern Africa hosted 8 per cent (1.2 million) (GMDAC calculations based on African Union Commission and JLMP partners, 2021 ).

Among all migrant workers worldwide in 2019, 70 million or approximately 41.5 per cent were female ( ibid. ). Male migrant workers made up 99 million or 58.5 per cent of the total ( ibid. ). Women represent a smaller share of the total of international migrant workers because they also represent a lower share of the total international migrants (47.9%) and they have a relatively lower labour market participation rate compared to men (59.8% vs. 77.5%) ( ibid. ). However, some significant regional variations existed in the share of women among total migrant workers. In Northern, Southern and Western Europe, women represented more than 50.0 per cent of all migrant workers; in the Arab States, the share was below 20.0 per cent ( ibid. ). Women accounted for 39 per cent of migrant workers in Africa in 2019, slightly lower than the share of women in the total labour force (45%), but an increase from 27 per cent in 2010 ( African Union, 2024 ; African Union, 2021 ). Women working in informal labour or unpaid domestic labour may not be represented in these statistics.

Age breakdown

Adults aged 25–64 constituted 86.5 per cent of all migrant workers ( ILO, 2021 ). Approximately 10 per cent of all migrant workers in 2019 were between 15 and 24 years old ( ibid. ). The share of older workers (aged 65 and over) among migrant workers constituted 3.6 per cent ( ibid. ). In Africa, there were 6.7 million young international migrants (defined here as ages 15-35 years old), constituting 46 per cent of all international migrant workers that year, and 60 per cent of them were male (GMDAC calculation based on African Union Commission and JLMP Partners, 2021 ).

The services sector was the main employer of migrant workers, employing 66.2 per cent of all migrant workers and almost 80 per cent of total female migrant workers worldwide ( ibid. ). A growing demand for labour in the care economy (including in health and domestic work), where the labour force is predominantly female, could partially explain the high share of women migrant workers in the services sector ( ibid. ). As for the remaining migrant workers, 26.7 per cent were in industry and 7.1 per cent in agriculture ( ibid. ). In Africa in 2019, the top three sectors in which migrants were employed were in agriculture, forestry and fishing (27.5%) followed by wholesale and retail trade; transport and storage; accommodation and food service activities (21.9%) and public administration and defence, education, human health and social work activities (21%) ( African Union, 2021 ).

Labour force participation rates

Significant regional variations existed in the share of women among total migrant workers in 2019: women represented more than 50 per cent of all migrant workers in Northern, Southern and Western Europe but the share was below 20 per cent in the Arab States ( ILO, 2021 ). Though the labour force participation of migrant women was lower than that of migrant men, the labour force participation rate of migrant women was higher than that of non-migrant women in many countries.

Data on labour migration and migrant workers are collected in a number of ways. The five main data sources used to measure the flows and stocks of migrant workers are:

Population censuses;
Household surveys;
Labour force surveys;
Administrative sources; and
Statistical sources ( ILO, 1994/5 ).

Administrative sources used to measure migrant worker flows include the measurement of new entry or immigration visas, new permissions issued to work in a country, administrative entry registrations at the border and the apprehension of clandestine border crossers ( ibid. ). The measurement of migrant worker stocks include accumulated entry or immigration visas, accumulated permission to work in the country, and estimated stocks of undocumented foreign citizens.

Other measurements linked to labour migration include recruitment costs and remittances . Aiming to lower recruitment costs can be an indicator of well-governed labour migration, as reflected in the Sustainable Development Goals (SDGs) ( Ratha, 2014 ). It is difficult to use remittances as an indicator for labour migration in countries that have a large UN and/or embassy presence or large transnational corporations because their employees’ incomes are recorded as remittances, causing a significant increase in remittance figures.

Data collection at the global level

The ILO maintains an online database of labour statistics ( ILOSTAT ) as well as a collection of labour force surveys . The labour force surveys are standard household-based surveys of work-related statistics.

ILOSTAT covers various subjects relating to labour, including labour migration. Indicators on labour migration are split into three subtopics: International migrant stock, nationals abroad, and international migrant flow .

In addition, the ILO produced the third ILO global estimates on International Migrant Workers in 2021, which provides global estimates, estimates by country income group, and regional estimates of migrant workers. The reference year is 2019. Previously, ILO had published estimates in 2015 (reference year 2013) and 2018 (reference year 2017).

The UN Statistics Division collects, compiles and disseminates official demographic and social statistics on a number of topics, including employment.

The Database on Immigrants in OECD and non-OECD Countries (DIOC) compiles data based on population censuses of OECD countries, and in collaboration with the World Bank has extended coverage to non-OECD countries. The database includes information on labour market outcomes, such as labour market status, occupations and sectors of activity. The datasets cover the years 2000-2001, 2005-2006, 2010-2011 and 2015-2016.

The Integrated Public Use Microdata Series - International (IPUMS-I) - collects and distributes census data from 85 countries. The database includes population questions that address the labour force as well as labour force surveys.

Data collection at the regional level

The Eurostat database provides comprehensive, harmonized labour force data from 28 European Union member states (1995 to 2023) and five other countries, with data from the United Kingdom up to and including 2018. It also contains data on residence permits by reason, length of validity and citizenship, including remunerated activities reasons (occupation). One dataset ( migr_resocc ) disaggregates data by highly skilled workers, researchers, seasonal workers and others.

Under the Joint Labour Migration Programme (JLMP), the African Union released the third edition of the Labour Migration Statistics in Africa study in 2021 (reference year 2019), in collaboration with the ILO, IOM, and the United Nations Economic Commission for Africa (UNECA). The study covers labour migration within Africa in 2019, using mainly population and housing censuses, specialised surveys on employment and/or migration, and routine administrative records.

The International Labour Migration Statistics Database (ILMS) in the Association of Southeast Asian Nations (ASEAN) region brings together official government data on international migrant workers’ stocks and flows within the region, as well as information on nationals living or working abroad. Available data available vary, but range from 1990 to 2022.

International Labour Migration Statistics: A Guide for Policymakers and Statistics Organizations in the Pacific (2015), produced by ILO, the UN Economic and Social Commission for Asia and the Pacific (UN ESCAP) and the UN Development Programme (UNDP), provides some data on labour migration in the region. It also provides recommendations on improving international labour migration statistics and how to collect data through census, survey and administrative data sources.

OECD’s International Migration database provides annual series on migration flows and stocks in OECD countries. It also provides labour market outcomes of immigrants from 2012 to 2022.

Data strengths & limitations

Data on labour migration are scattered mainly because it is difficult to collect reliable data on migrant workers. According to the Global Migration Group’s Handbook for Improving the Production and Use of Migration Data for Development (2017), data collection faces the following gaps and challenges:

Lack of good quality data, including missing populations of interest, inconsistent periods of data collection, or key characteristics not being collected
Limited data comparability due to different concepts, definitions and measurement methods
Lack of infrastructure to process data in national institutions or at border crossing points
Insufficient expertise among staff collecting or analyzing data
Lack of infrastructure to publish key characteristics, populations or places of interest
Insufficient priority given to labour migration in national policy agendas and related budget allocation.

There is an ongoing effort to streamline international standards and common methodologies within the field of labour migration data collection. Currently, such standards and methodologies vary across countries, making data not comparable or combinable.

ILO’s Labour Migration Module provides a useful tool for gathering reliable data on different aspects of labour migration, including a series of migration-related questions that can be added to existing household and labour force surveys.

OECD
2022	Paris: OECD Publishing.
African Union Commission and the Joint Labour Migration Programme Partners
2021
2017
IOM and African Union Commission
2024
ILO, OECD, World Bank
2015	. September. Joint paper prepared for the G20 Labour and Employment Ministers’ Meeting.
ILO
2021	International Labour Office, Geneva: ILO.
2018	. International Labour Office, Geneva: ILO.
Kagan, S. and J. Campbell
2015	. EU/ESCAP/ILO/UNDP Project on Strengthening Capacity of Pacific Island Countries to Manage the Impact of Climate Change on Migration; ILO Office for Pacific Island Countries, Suva: ILO 2015.
Ozel, M. H., et al.
2017	Work. In: (Global Migration Group (GMG)). Global Knowledge Partnership for Migration and Development (KNOMAD), World Bank, Washington, DC, p. 33-44.
Ozel, M. H., et al.
2017	Labour Markets. In: (Global Migration Group (GMG)). Global Knowledge Partnership for Migration and Development (KNOMAD), World Bank, Washington, DC, p. 79-90.

Explore our new directory of initiatives at the forefront of using data innovation to improve data on migration.

Immigration & emigration statistics

Median earnings and costs for migrants in Italy (USD), 2016

Migration & development

Most low-skilled labour migrants pay fees to obtain contracts and complete recruitment formalities. This is against international conventions and many countries’ national laws that require employers...

Voter Guide
National Politics

Okemos graduate Alma Cooper named Miss USA

LANSING — An Okemos High School graduate was crowned Miss USA Sunday in Los Angeles, California.

Alma Cooper, 22, a second lieutenant and military intelligence officer in the U.S. Army, graduated in the top 5% of her class at West Point.

Cooper, who was named Miss Michigan in April and is the first active duty military officer to win for the Mitten state, credited her family and her background for her success in the pageant.

"As the daughter of a migrant worker, a proud Afro-Latina woman, and an officer in the United States Army, I am living the American dream," she said during the question and answer portion of the pageant, according to CNN and Today.com .

Before she was crowned Miss Michigan , she wrote an essay explaining why she wanted the honor and the opportunity to compete for Miss USA.

"Service comes in many forms and my only limitations are the ones I accept," she wrote. "This has been my guiding credo, an unshakeable belief that has fueled my path as an Afro-Latina woman from a predominantly white, rural Midwestern town, to compete as the first active-duty Army officer in Miss Michigan USA."

Cooper wrote that she wanted to use her win to uplift other girls of color.

“Other contestants may be drawn to pageants for their glitz and glamour, but I see the stage as an opportunity to represent the many girls of color who often go unseen and unheard, and to inspire others to free themselves from circumstances and perceptions about who they are.”

Cooper is also a Knight-Hennessy Scholar at Stanford, a competitive graduate-level scholarship.

Cooper played varsity volleyball at Okemos High School, and graduated in 2019.

Cooper's crowning follows a turbulent year for the Miss USA organization, following the resignations of former Miss USA Noelia Voigt and former Miss Teen USA 2023 UmaSofia Srivastava and the exit of the organization's social media director .

Voigt, who was awarded Miss USA in September 2023, announced her resignation in a statement on Instagram in May. She wrote, "In life, I strongly value the importance of making decisions that feel best for you and your mental health."

Days later Srivastava, Miss Teen USA 2023, shared a statement announcing her departure because her " personal values no longer fully align with the direction of the organization."

2023 Miss USA pageant runner-up, Hawaii's Savannah Gankiewicz , was crowned a week after Voigt's resignation.

USA Today reporter Taijuan Moorman contributed. Contact Sarah Atwood at [email protected]. Follow her on X @sarahmatwood .

Immigration | Migrant day laborers sue Home Depot, CPD and…

Immigration

Sports Betting

Immigration | Migrant day laborers sue Home Depot, CPD and city of Chicago, alleging abuse and harassment

Juan Carlos Montiya, Luis Adrian, Willian Gimenez and Betuel Castro are in Chicago after filing a federal lawsuit against Home Depot, Chicago Police Department and the city of Chicago on Aug. 6, 2024. (Stacey Wescott/Chicago Tribune)

A group of migrant day laborers have sued Home Depot, the Chicago Police Department, and the city of Chicago in federal court, alleging ethnically motivated harassment and assault by police officers working secondary employment as security at the store.

The federal lawsuit filed Tuesday morning outlines a pattern of alleged violence and detentions targeting day laborers from Venezuela outside a Home Depot store in New City. Represented by attorneys from Raise The Floor Alliance and The People’s Law Office, the plaintiffs claim that off-duty Chicago police officers and Home Depot employees violated their civil rights and are seeking monetary damages.

In a news conference Tuesday morning outside the Dirksen Federal Building, migrant workers held a sign that read ‘We demand work and dignity’ all while others described the alleged abuse.

“I was beaten, mistreated and humiliated for the simple fact of being an immigrant and wanting to progress in life and help my family,” said Willian Alberto Gimenez Gonzalez of Venezuela. “And I believe that just as it happened to me, it has happened to other colleagues.”

The parking lot of the hardware store has long attracted workers seeking short-term employment from construction companies and homeowners, according to the lawsuit. However, the plaintiffs allege that the Home Depot at 4555 S. Western Blvd. stepped up its security only after the arrival of an influx of Venezuelan migrants in the fall of 2023, hiring CPD officers looking for secondary employment.

A day laborer stands in the parking lot outside of Home Depot along the 4500 block of South Western Avenue on Aug. 6, 2024, in Chicago. (Stacey Wescott/Chicago Tribune)

The Chicago Police Department declined to comment on ongoing litigation. The city of Chicago’s Law Department did not respond to requests for comment.

On Wednesday, Home Depot released a statement that it is investigating the allegations.

“We take allegations of violence very seriously and are investigating this issue,” the statement said. “We believe in respecting all people, and we don’t tolerate violence or discrimination.”

The five day laborer plaintiffs, four of whom are Venezuelan, detail in the lawsuit allegations of harassment, assault and detention.

They allege that they were confronted by off-duty officers wearing vests marked “POLICE” while looking for work near the western entrance to the Home Depot parking lot.

“This lawsuit reflects a disturbing history of CPD abuses that have coalesced into one scheme,” said Jamitra Fulleord, an attorney for Raise the Floor Alliance.

The lawsuit states that day laborers of non-Venezuelan origin gather to seek similar employment at the southern parking lot entrance along 47th Street. However, security personnel “ have placed a specific and excessive attention on harassing, moving and detaining day laborers perceived to be Venezuelan seeking work near the Western Boulevard entrance to the parking lot.”

The plaintiffs claim to have been handcuffed, often after being pushed or knocked to the ground, and brought into a private backroom inside the Home Depot building, where the day laborers allege that off-duty CPD officers struck and choked them, and in the majority of cases, berated them with ethnically motivated insults.

Betuel Castro Camacho, a Colombian plaintiff, claims that when he told the security officers his ethnicity, they said that he was “lying” and that he must actually be Venezuelan. He also alleges that officers struck him in the abdomen four times and cracked his phone.

The lawsuit alleges the abuse occurred between October 2023 and May 2024. Two Home Depot employees and two CPD officers are listed by name as defendants for their involvement in the allegedly unlawful detentions.

Castro Camacho alleges that personnel approached him one afternoon in May, handcuffed him, beat him and verbally insulted him with the security guards telling him that “this country was better without Venezuelans.”

Four of the five plaintiffs, including Castro Camacho, were charged with misdemeanors for criminal trespass, with on-duty Chicago officers arriving to the Home Depot back room to formally arrest them. Three claim that they were told to sign documents in English that they could not read, and allege that they agreed to do so under fear of further violence or legal consequences.

Out of the workers charged for criminal trespass, all but one have had their case formally dismissed by a court. The remaining plaintiff is awaiting a hearing on Aug. 14.

The Home Depot in southwest Chicago listed in the suit was the target of a similar series of allegations in 2008 , when the Chicago Day Laborer Committee sued the city of Chicago, Home Depot, and individual CPD officers for allegedly unlawful arrests.

“The harms experienced by Plaintiffs at the hands of the Chicago Police Department and Home Depot, are a continuation of a long history of CPD abuses of day laborers, Black and Latino communities, migrants. and other persons of color,” the lawsuit reads.

Plaintiffs are asking for the courts to issue an order requiring CPD to reform its policies on secondary employment for off-duty officers.

“Because of the harassment, physical and emotional abuse, and displacement experienced by day laborers, we demand that the city of Chicago ends its practice of allowing its officers to moonlight as security and use its force against community members,” said Fulleord.

CPD often does not require officers to disclose the specifics of their “moonlighting,” or secondary employment. In 2017, a Chicago Reporter and CBS 2 investigation found that out of the 50 largest local and county law enforcement agencies in the nation, Chicago has one of the most lenient moonlighting policies for officers.

While working security at businesses such as Home Depot, off-duty officers may carry weapons and handcuffs, as mentioned in the lawsuit. The plaintiffs argue that the city and the Police Department must tighten their monitoring of off-duty officers to prevent excessive force incidents such as the ones they detail in their allegations.

More in Immigration

Four Venezuelan girls sat cross-legged on the ground Monday night with gags on their lips that said, “liberty, peace, dignity and justice" to protest the reelection of their country’s authoritarian leader Nicolás Maduro.

Immigration | Protesters in Daley Plaza rally decry reelection of Venezuelan president, claim voter fraud

With the two-year mark of Chicago's asylum seeker crisis this month, the vendor Favorite Healthcare Staffing has billed over a quarter-billion dollars for running operations at the shelters, and is likely here to stay.

Immigration | Controversial staffing firm to remain in Chicago migrant shelters: ‘Right now, Favorite is our solution’

They had risked their lives to make it to the United States. A year later, they find themselves in deep isolation.

Immigration | A migrant family’s first year in Chicago: sadness, setbacks and ‘beautiful moments’

The Biden administration will expand areas where migrants can apply online for appointments to enter the United States to a large swath of southern Mexico.

Immigration | In a win for Mexico, US will expand areas for migrants to apply online for entry at southern border

Trending nationally.

Taylor Swift concerts in Vienna canceled after terror plot uncovered
Migrant day laborers sue Home Depot, CPD and city of Chicago, alleging abuse and harassment
New Jersey boat reels in bigeye tuna potentially worth $4.2 million in White Marlin Open
McDonald’s will launch a Collector’s Meal with six nostalgic cups on Aug. 13
MyKayla Skinner calls on Simone Biles to stop feud amid threats

Try AI-powered search

America’s immigration policies are failing

A new surge of migration is straining a broken system and might cost Joe Biden the election

An aerial view showing migrants sitting in rows waiting to be processed at the border in Texas.

Your browser does not support the <audio> element.

S O YOU WANT to come to America. Venezuela, your home country, is suffering under Nicolás Maduro’s violent kleptocracy. What to do? Good luck getting a green card: employers won’t bother sponsoring a low-skilled worker like you, and you have no immediate family in America to vouch for you. Your WhatsApp is filled with news of friends who have crossed America’s southern border. You decide to follow them and, after a hellish trip, make it to the Rio Grande. You could try to slip across undetected—about 600,000 “gotaways” managed it last year. Or you can tell the border agents who intercept you that you want asylum. Odds are that they will release you with a court date scheduled in several months’ time, kickstarting a process that may take years. Welcome to America.

In November 2023 nearly 250,000 migrants crossed the southern border. The surge—and the perception that America’s borders are open—is a giant political liability for President Joe Biden. Just 27% of Americans tell pollsters that they approve of his handling of the border. More than twice as many trust Donald Trump on the issue. The fact that surging migration over the southern border could cost Mr Biden the election in November has made the problem trickier to solve. Wrangling over a deal to fund Ukraine in exchange for tighter border security and asylum limits has dragged on for months. Although Senate leaders say an agreement is close, some Republicans—reportedly including Mr Trump—seem to want the border chaos to fester, to better beat Mr Biden over the head with it during the election campaign.

Several factors explain the surge: violence and instability around the globe; plentiful job openings in America; the accurate perception that Mr Biden is more welcoming than his predecessor; and cumbersome, limited pathways to come legally . An overwhelmed border apparatus also invites more crossings, notes David Bier of the Cato Institute, a think-tank. When people hear that they are unlikely to be detained and deported, more try their luck.

Decades of neglect and partisan rancour have crippled America’s immigration system and created a situation where immigrants view asylum-seeking as the surest way to get into the country, rather than a long-shot attempt. Congress last made meaningful reform to immigration law in 1990. Comprehensive, bipartisan reform has seemed close several times since, only to fall apart in the end. In 2006, 2007 and 2013 bipartisan Senate bills included a path to citizenship for undocumented immigrants, more visas for workers and stricter enforcement at the border. In recent years Democrats have largely been animated by the desire to protect daca recipients, immigrants who were brought to America as children, from deportation.

Mr Trump’s candidacy upended the politics of immigration. When he launched his campaign in 2015, the number of migrants apprehended nationwide was at its lowest level since 1971. That fact did not, of course, stop Mr Trump from declaring that migrants threatened the American way of life. (“They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”) In 2019 irregular entries at the southern border jumped. Mr Trump saw detention as a means of deterrence and made some migrants with pending asylum claims wait in Mexico. At one time during his presidency nearly 57,000 people were detained. The surge was so great that even Mr Trump released a quarter of migrants into the country immediately with a notice to appear ( NTA ) in immigration court.

Borderline, personalities, disorder

Mr Biden reduced detentions—the number in custody today is around 38,000—and scrapped the requirement to remain in Mexico. He has tried less effective deterrents. His administration wants to steer migrants towards ports of entry where they arrive for appointments made via a smartphone app. Most are admitted with permission to stay for a year or two. By contrast people caught crossing illegally are presumed ineligible for asylum, with a few narrow exceptions, and quickly deported.

At least that is how it is supposed to work. In reality most migrants who cross illegally are still being released into the country, and irregular arrivals far exceed those at official crossings. Once on American soil a migrant can request asylum, which involves a screening with an asylum officer. Because of Mr Biden’s reluctance to pursue detention and an insufficient number of asylum officers, in November seven in ten were handed an NTA and sent on their way.

Last year the Biden administration also began granting parole to up to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans each month, if applicants identified a financial sponsor in America. Again the goal was to make flows more orderly and decrease illegal arrivals. Permission to stay lasts two years but can be revoked at any time. Illegal crossings by Haitians, Nicaraguans and Cubans plummeted. But Venezuelans, who are less likely to have social ties to America, continue to enter illegally . “Most of the Venezuelans arriving now don’t have family, friends, relatives,” says Theresa Cardinal Brown, who served in the Department for Homeland Security in the Bush and Obama administrations.

Once across the border, migrants head to cities. Shelter systems in New York City , Chicago and Denver are overwhelmed and their mayors want Mr Biden’s help. This is partly the doing of Greg Abbott , the Republican governor of Texas, who is busing migrants to Democratic-run cities. But big cities are also natural magnets for migrants.

With an NTA in hand, new arrivals enter the court system, where the backlog is growing faster than judges can keep up. Cases in immigration court surpassed 3m in November. It takes more than four years on average just to get an initial asylum hearing. Doubling the number of judges would clear the backlog—but only by 2032, according to an estimate from the Congressional Research Service.

Half of asylum cases are denied, and decisions are inconsistent. One judge in Houston denied 95% of her asylum cases last year; another in San Francisco denied just 1% of hers. But the immense wait, low chance of detention and the prospect of work in America encourage migrants with a weak claim to cross the border. Prioritising the most recent arrivals’ cases would reduce this incentive, notes Stephen Yale-Loehr of Cornell Law School. A long journey seems less worth it if the reward is deportation rather than an NTA .

The looming election, Mr Trump’s perceived strength on border issues and Mr Biden’s desire to arm Ukraine mean that the president wants to make a deal. His openness to tougher border enforcement is also no doubt fuelled by Americans’ rightward turn on immigration. Polling from YouGov suggests that more Americans favour building a southern border wall than don’t. Even 32% of Democrats now say they support the idea, up from 20% in 2022.

Whether the House and the Senate can agree on reform is questionable. A deal may include funding for more Border Patrol agents, the ability to shut down migrant intake if encounters reach a certain level, a higher bar for migrants to pass their interview—so that they are not released into the country unless they are likely to actually receive asylum—and limits on parole. Any changes to asylum rules will almost certainly be challenged in the courts.

But House Republicans have waffled, often insisting that they would accept nothing other than HR 2, a hardline immigration bill passed along party lines last year that would be dead on arrival in the Senate. On the left, progressives do not want to tighten access to asylum. Both groups should beware. A new poll from The Economist and YouGov suggests that a plurality of Americans want Congress to pass a bill that both funds Ukraine and restricts asylum. The politicians should not ignore their voters. ■

Stay on top of American politics with Checks and Balance , our weekly subscriber-only newsletter, which examines the state of American democracy and the issues that matter to voters.

Explore more

This article appeared in the United States section of the print edition under the headline “How America’s immigration policies failed”

United States January 27th 2024

The bold Texas plan to stop migrants has hit a wall
America’s border crisis in charts
After winning New Hampshire, Trump is cruising to the nomination
Why politicians are obsessed with mythical Chinese land grabs
The rise of the TikTok news anchor
Why America’s political parties are so bad at winning elections

How the border could cost Biden the election

From the January 27th 2024 edition

Discover stories from this section and more in the list of contents

More from United States

The wisdom in calling Donald Trump weird

Kamala Harris and Tim Walz are trying to make Democrats normal again

Kamala Harris introduces “Coach” Tim Walz, her trusty running-mate

As Republicans seek to brand their rivals as dangerously liberal, Democrats are matching Donald Trump’s public displays of enthusiasm

Why Kamala Harris picked Tim Walz as her running-mate

Compared with a bolder but more divisive alternative, the Minnesota governor was the easier choice

Kamala Harris leads Donald Trump in our nationwide poll tracker

It is the first lead for a Democratic contender since October 2023

Simone Biles is the most decorated gymnast in history

Her triumphant comeback at the Paris Olympics confirms her as also one of the most popular

Why do conservatives in America love Zyn?

A nicotine pouch has stimulated America’s young men—and the culture wars

Share full article

Supported by

Migrant Killed in Brooklyn Was Targeted by a Parks Worker, Police Say

The police charged the worker, who had a seasonal cleaning job, with fatally shooting a Venezuelan migrant at a Brooklyn park where some homeless migrants spend the night.

Blue police tape is used to cordon off handball courts in Steuben Park in Brooklyn.

By Luis Ferré-Sadurní and Chelsia Rose Marcius

On a Sunday night in July, a Venezuelan migrant was shot in the chest and killed in a small park in Brooklyn, a few blocks from a hulking cluster of buildings used as migrant shelters.

Moments later, two other migrants were shot and killed outside the shelters, and the police began investigating whether the two incidents were connected. Speculation swirled that the back-to-back shootings were tied to migrant gangs, unsettling nearby residents.

Then, this week, detectives made an unpublicized breakthrough: They arrested a New York City parks worker on murder charges on Monday, accusing him of fatally shooting the Venezuelan man in the park on July 21.

The police said that the worker, Elijah Mitchell, fired multiple shots at the man, Arturo Jose Rodriguez-Marcano, 30, before driving away in a blue sedan, according to a law enforcement official and a complaint filed in Criminal Court in Brooklyn.

Mr. Mitchell, who had a second job at a migrant shelter on Randall’s Island, was assigned to clean the park for a few hours a day, and the police believe he had a confrontation with Mr. Rodriguez-Marcano a few days before shooting him, according to a law enforcement official. Mr. Mitchell made $20 an hour as a seasonal park worker last summer and was hired again in May of this year. The Parks Department said he was suspended after his arrest and that the department was moving to terminate his employment.

Efforts to reach a lawyer for Mr. Mitchell on Thursday were unsuccessful.

The charges against a city employee in the murder of a migrant represented an unexpected twist in the tensions over a recent spate of shootings near migrant shelters .

We are having trouble retrieving the article content.

Please enable JavaScript in your browser settings.

Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.

Thank you for your patience while we verify access.

Already a subscriber? Log in .

Want all of The Times? Subscribe .

Sushi Bay owner and companies fined $15.3 million by Federal Court for 'deliberately' exploiting migrant workers

The owner and companies behind Sushi Bay restaurants in Canberra, Darwin and New South Wales have been penalised $15.3 million by the Federal Court for exploiting workers, including by underpaying staff more than $650,000.

In her judgement, Justice Anna Katzmann said the case showed the "exploitation of immigrant workers and a shameless but ultimately unsuccessful attempt to conceal it".

What's next?

The Fair Work Ombudsman says it will use all its powers to pursue individuals and companies that exploit workers.

The owner and companies behind a chain of sushi restaurants have been hit with a record $15.3 million in fines for exploiting and underpaying vulnerable migrant workers.

The Federal Court found Sushi Bay outlets in New South Wales, Darwin and Canberra underpaid 163 workers more than $650,000 between February 2016 and January 2020.

Most of the staff were Korean nationals working on student working holiday and 457 skilled visas.

The court found individual underpayments ranged from $48 to $83,968.

In her judgement, Justice Anna Katzmann said the case showed the "exploitation of migrant workers and a shameless but ultimately unsuccessful attempt to conceal it".

The Fair Work Ombudsman, which took Sushi Bay to court, said it was the largest penalty its ever secured through legal action.

'Calculated and audacious' attempt to hide underpayments, court finds

Most of the underpayments, which totalled $653,129, happened because the companies did not pay staff adequate overtime rates.

Some employees had also been paid under a so-called "deduction method" where they were required to repay their employer part of their contractual gross fortnightly salaries, which meant they were paid below award rates.

Records, including pay slips and payroll advices which did not record the actual working hours and rates of pay, had also been falsified in an attempt to conceal the underpayments, court documents revealed.

"The creation and maintenance of these documents shows that the overwhelming majority of the contraventions were committed deliberately and intentionally," Justice Katzmann wrote in her judgement.

"The respondents' conduct was both calculated and audacious."

A restaurant with the sign Sushi Bay out the front.

The fines included a $3.2 million penalty against Sushi Bay Pty Ltd, a $5.8 million penalty against Sushi Bay ACT Pty Ltd, $2.4 million against Auskobay Pty Ltd and $2.3 million against Auskoja Pty Ltd.

All of the companies are now in liquidation, and all 16 outlets — apart from one in Campbelltown in Sydney which is under the control of liquidators — have closed.

The court found the ACT company had already come to the attention of the ombudsman and had been ordered to undergo workplace relations compliance training, as well as an audit.

In 2019, the Federal Circuit Court had imposed a fine of more than $100,000 against the ACT company for having underpaid its employees between 2015 and 2016.

In the latest judgement, the Federal Court also imposed a $1.6 million fine against Sydney woman Yi Jeong 'Rebecca' Shin — the owner and sole director of the companies.

The court ordered all affected employees receive compensation.

The court also urged Ms Shin's conduct be referred to the Australian Taxation Office, the Department of Home Affairs and the Australian Securities and Investment Commission (ASIC).

The Federal Court had already ordered each of the companies to pay missing wages and superannuation of affected employees to the ombudsman earlier this year.

However, the liquidator responded that as the entities are in liquidation, "they cannot comply".

Ombudsman will pursue those who exploit workers

A woman with chin-length auburn hair with blue glasses and a blue suit smiles

Fair Work Ombudsman Anna Booth said the regulator would continue to use all of its powers to pursue individuals and companies that exploit workers.

"The record penalties imposed in this matter drive home the fact that deliberately and repeatedly exploiting workers, including vulnerable migrant workers, is reprehensible conduct that will not be tolerated in Australia," Ms Booth said.

"If you deliberately underpay migrant workers and try to cover it up with false or misleading records you will be found out and will pay a heavy price.

"We treat cases involving underpayment of migrant workers particularly seriously, because we are conscious that they can be vulnerable due to factors such as a lack of awareness of their entitlements or a reluctance to complain."

The Fair Work Ombudsman's office said the case first came to its attention after it received allegations of underpayment from two former workers.

X (formerly Twitter)
Courts and Trials

latest in US News

Tropical Storm Debby makes second landfall in South Carolina as...

Trump assassination attempt victim speaks out for first time...

Books by Judy Blume, Sara J. Maas among 13 outlawed by Utah BOE...

American distance jockey is abandoned in Mongolia after getting...

9 family members killed in tragic Fla. car wreck were visiting...

RFK Jr. cancels Iowa State Fair campaign event over ‘increased...

RV dealership proudly raises huge American flag local officials...

Harris-Walz campaign's viral $1 million camo hat rips off design...

Breaking news, cartel smuggling business is booming despite drop in recorded migrant crossings, rancher on arizona border says.

DOUGLAS, ARIZ. — Tyler Klump’s cattle ranch on the Arizona border is a super highway for illegal crossings from Mexico — and the evidence is everywhere.

On a recent tour of the property, The Post saw discarded water bottles, backpacks, “carpet shoes” — footwear with slip-on pieces of carpet to hide footprints in the sand — and ladders used to scale the border wall.

Recorded migrant crossings in July plummeted to 2020 lows following years of record highs during the Biden-Harris Administration. The Border Patrol apprehended 57,000 migrants who came over illegally last month — down from 250,000 in December.

But the area where Klump’s property is located is known as a “smugglers’s paradise” for cartel operatives, who sneak both drugs and people across the border undetected.

It’s attractive because of the extremely sparse population and hills that let lookouts watch the activity below.

And Klump isn’t seeing any sign of slowdown. In fact, business is booming.

“The foot traffic is as high as it’s ever been,” Klump said.

And he’s got a message for Vice President Kamala Harris — who was tasked with helping to stop the illegally crossings at the border. “Kamala, you’re not helping anything. You’re hurting us,” he said.

Rancher Tyler Klump bends himself forward through an open floodgate next to his property in Douglas, Arizona, to find his cattle on the Mexican side.

“You’re very much putting money in the hands of the cartels and putting money in the hands of a lot of people, but you’re darn sure not helping out your constituents.”

Klump said he’s hoping for a Donald Trump victory come November, adding that he’s grateful for the border wall that was built along his property — but hopes that construction continues, as he pointed to a major gap at the edge of a nearby mountain.

The garbage left behind by smugglers presents a big problem for his ranch because the cows will sometimes eat the trash and can get sick — and even die — from it.

Klump hopes that former President Donald Trump is elected and continues constructing the border wall near his property.

“It directly affects my cattle and my livelihood… It has killed my cattle. I’ve lost a substantial amount of money,” Klump said.

Arizona is a major destination of drug smugglers. Across the border is the territory of the notorious Mexican Sinaloa cartel .

Start and end your day informed with our newsletters

Morning Report and Evening Update: Your source for today's top stories

Thanks for signing up!

Please provide a valid email address.

By clicking above you agree to the Terms of Use and Privacy Policy .

Never miss a story.

In 2022, 50% of the deadly fentanyl seized in the US was found in the Grand Canyon State.

Just last week, border authorities at Nogales, Arizona seized 4 million fentanyl pills — the largest seizure of the drug in agency history.

Around 4 million fentanyl pills were seized at the Lukeville Port of Entry in Arizona, marking the largest bust in CBP history.

What’s worse — the US has opened the floodgates in the border wall . Those openings — along with closed Border Patrol highway vehicle checkpoints further north — allow cartels to move their product across the border with little resistance.

During The Post’s visit, Klump used one of the floodgates to cross into Mexico after spotting some razor wire that had cattle hair stuck in it. He was concerned his cattle escaped through the opening and went to look for wayward animals.

Several of Arizona’s floodgates in the area had been opened for the monsoon season, but remained unpatrolled by any border agents.

While on the Mexican side, Klump found a ladder the smugglers use to help illegal crossers scale the wall, along with more trash they left behind.

Experts say the drop in migrant crossings in July can be attributed to Mexico enhancing its efforts to expel migrants to its southern border with Guatemala, along with the Biden administration’s new measures to expel those who cross illegally and block them from accessing the asylum system.

The summer heat is also a major factor — as fewer people tend to cross in smaller groups due to the dangerous weather.

However, the Biden administration actions are “too little, too late” in the eyes of border agents who’ve spoken to The Post after the administration already allowed millions of illegal border crossers into the country, in addition to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans, each month through parole flights and roughly 1,500 to come through ports of entry each day using the CBP One phone app.

“He’s trying to act tough on the border but we know he’s been the most open border administration ever,” one agent said.

“It’s way too little, too late. Nothing more than virtue signaling,” a second agent said.

“That’s comical,” said another. “Millions are in [the US] now and it’s just now that they realize the number of crossings a day is a problem. The damage is done and now the administration wants to slowly close the valve on the floodgates.”

IMAGES

Critical Analysis of Immigration and Migrant Workers
(PDF) Introduction: Migrant labour after apartheid
The Migrant Workers in Malaysia
The migrant labour system
(PDF) Review Essay: Migrant Agricultural Workers in Local and Global
Migrant workers in Canada

VIDEO

Migrant workers bravely act
migrant workers listen carefully it's about you
#Migrant Workers # Record Every Detail on the Construction Site
Migrants: Anyone can be a migrant (FR)

COMMENTS

Migrant Workers: Challenges and Seeking Opportunities
Migrant workers play a vital yet often overlooked role in our global economy. These individuals leave their homes and families behind in search of better opportunities, often taking on low-wage jobs in foreign countries to support themselves and their loved ones. In this essay, we will explore the challenges and opportunities that migrant ...
The Migrant Experience
A complex set of interacting forces both economic and ecological brought the migrant workers documented in this ethnographic collection to California. Following World War I, a recession led to a drop in the market price of farm crops and caused Great Plains farmers to increase their productivity through mechanization and the cultivation of more land. This increase in farming activity required ...
Migrant worker
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work. [1] In Ghana, a migrant hawker carries colorful textiles on his head for sale. Migrant workers who work outside their home country are ...
The Life of Migrant Workers During The Great Depression
The images of the Dust Bowl migrants, made famous in John Steinbeck's best selling novel The Grapes of Wrath (1939), tend to dominate the historical memory of migrant workers during the Great Depression era. However, while thousands of Okies and Arkies did take to the road in search of survival, they joined migrant workers who had traveled the nation in search of work long before the ...
Migrant Workers • Business & Human Rights Navigator
A migrant worker is a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which they are not a national [1] (information on internal migrant workers is included in a separate call-out box below). Migrant labour is work undertaken by individuals, families or communities who have moved from abroad.
Getting the Job Done: How Immigrants Expand the U.S. Economy
Immigrant workers put pressure on the U.S. labor supply, but foreign-born entrepreneurs also create jobs that increase labor demand, according to new research co-authored by Wharton's Daniel Kim ...
Bracero Program: Crossing the Border to a New Life by ...
The Mexican farm workers who stayed in the United States became "known as migrant workers because they followed the harvest from one area of the country to another" (Cesar Chavez). ... This essay is part of HistoryLink's People's History collection. People's Histories include personal memoirs and reminiscences, letters and other historical ...
PDF Migrant Workers: Overview
Introduction. Migrant workers, also referred to as "temporary foreign workers", are a vital part of Canada's economy. Since the late nineteenth century, these workers have travelled to Canada, often from countries in the Caribbean, Mexico, and Central America, providing labour in domestic caregiving, agriculture, manufacturing, and other ...
Labour migration
Migrant workers contribute to growth and development in their countries of destination, while countries of origin greatly benefit from their remittances and the skills acquired during their migration experience. Yet, the migration process implies complex challenges in terms of governance, migrant workers' protection, migration and development linkages, and international cooperation.
Migrant workers still at great risk despite key role in ...
The COVID-19 pandemic has highlighted the key role that migrant workers play in the global economy, as well as the "terrible risks" that they are forced to take, to find work. According to the new International Organization for Migration ( IOM) Global Migration Indicators (GMI) 2021 report, launched on Thursday, over the past decade ...
PDF Migrant Workers: Guide to Critical Analysis
sources within the essay on migrant workers. • Three opinion statements from the Overview, Point, or Counterpoint sections, or one of the bibliographic sources within the essay on migrant workers. In Depth Use the "Search" box at the top of the page to look up articles about your topic. The Result List you get will offer many kinds
Of Mice and Men and Migrant Farm Workers of the Great Depression
Overview. John Steinbeck's famous hobos, George and Lennie, bring the migrant farm experience of the Great Depression to life in the celebrated classic of American literature, Of Mice and Men.Part of the huge grain growing industry of the American west, Depression Era itinerant farm workers like George and Lennie, mostly single men, traveled by boxcar from farm to farm in search of work and ...
Determining the Impact of Migration on Labour Markets ...
The term migrant worker—a decidedly contemporary term that I project back to study migration since the middle of the 20th century—is even slipperier. It usually refers to someone who is a national of one country but joins the labour market of another. 12 At the UK national level, a migrant worker has sometimes been defined as someone who is ...
Essay On Migrant Workers
Essay On Migrant Workers. Migrant workers are people who leave their hometowns to live and work in other cities or countries. Everyday, there are people moving from one place to another, it may because of wanting to change a working environment, to break away from unemployment, or to find new opportunities for self-development. People may say ...
PDF The global economic crisis and migrant workers: Impact and response
protection of migrant workers. This research paper, prepared by the ILO International Migration Programme, assesses the impact of the global crisis on migrant workers and reviews policy responses. It addresses the impact on the employment of migrant workers in their countries of destination, on the volume of their financial
The history of Migrant Labour in South Africa
The migrant labour system marks a period in which African men were integrated into wage labour. Black men changed from being farmers in their own lands to being cheap labour in the mines. ... The migrant labour system is the evidence of how legislation was used to the benefit of mining magnates and white workers to oppress African workers ...
Labour migration data
The services sector was the main employer of migrant workers, employing 66.2 per cent of all migrant workers and almost 80 per cent of total female migrant workers worldwide . A growing demand for labour in the care economy (including in health and domestic work), where the labour force is predominantly female, could partially explain the high ...
Immigration As A Migrant Worker Essay
Migrant workers lived a very harsh work environment as well as a harsh society interactions. Mexican farm workers were offered a legally binding work contract, but the majority suffered gross abuses of their labor rights and racial discrimination. Migrant workers have always played a vital role in the US economy, so they should not be treated ...
Migrant Workers Essay
Migrant Workers Essay. The displacement of people and jobs is a negative consequence of globalization. In the cases of migrant workers, the conditions in their home countries are so poor that they think that their lives would be better if they moved to a different country to work. This often includes leaving their families and friends behind.
Essay On Migrant Workers
499 Words. 2 Pages. Open Document. A migrant worker is a worker who moves from place to place doing seasonal work. Seasonal work is another word for a temporary job. Such as people that go from farm to farm picking fruit and crops. A migrant worker is usually a Mexican-born male who leave what they know to come here and TRY to earn enough money ...
The migrant labour system
The notion of migrant labour is based from a legal framework system that did not recognize 'homelands' or 'reserves' as part of the Union of South Africa, hence employment seekers travelling outside of the homelands and those who had already secured employment within the Union of South Africa were considered migrant labourers. Migrant labourers ...
The plight of migrant workers
The problem of migrant worker is a "struggle within the struggle."(Own) Rights for the workers are the consequential action to the Civil Rights struggle. Now that the civil rights issues are settled legally, it is time that the government pays sincere attention to the plight of the migrant workers, so it does not turn out to be an issue ...
Chinese Migrant Workers' Financial Security in Old ...
Using a mixed-methods approach comprising surveys and interviews with Chinese migrant workers from three emigration provinces (Anhui, Henan, and Sichuan), we find that migrant workers with more social support and less spending on children are more likely to have public pension savings than their counterparts.
Okemos graduate Alma Cooper named Miss USA
"As the daughter of a migrant worker, a proud Afro-Latina woman, and an officer in the United States Army, I am living the American dream," she said during the question and answer portion of the ...
Migrant day laborers sue Home Depot, CPD and city of Chicago
A group of migrant day laborers have sued Home Depot, the Chicago Police Department, and the city of Chicago in federal court, alleging ethnically motivated harassment and assault by police officer…
America's immigration policies are failing
Essay; Schools brief; Business & economics. ... employers won't bother sponsoring a low-skilled worker like you, and you have no immediate family in America to vouch for you. ... the ability to ...
Postal worker caught on viral TikTok allegedly hurling boxes of mail
A brazen US Postal Service worker in Tennessee was caught red-handed hurling multiple boxes of what appeared to be mail into a dumpster in the Nashville neighborhood of Antioch on Saturday morning.
Migrant Killed in Brooklyn Was Targeted by a Parks Worker, Police Say
The police charged the worker, who had a seasonal cleaning job, with fatally shooting a Venezuelan migrant at a Brooklyn park where some homeless migrants spend the night. By Luis Ferré-Sadurní ...
Sushi Bay owner and companies fined $15.3 million by Federal Court for
The owner and companies behind a chain of sushi restaurants have been hit with a record $15.3 million in fines for exploiting and underpaying vulnerable migrant workers.
Exclusive
Migrant crossings in July plummeted to 2020 lows following years of record highs during the Biden-Harris Administration. The Border Patrol apprehended 57,000 migrants who crossed the border ...