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

Purpose Creating a temporary foreign worker program requires governments to work through a series of steps and to make decisions. Establish the key questions that a country needs to address in order to structure and build a Temporary Labour Migration Program (TLMP) Focus only on the essentials at this stage Each question raises specific issues for the operation and management of a TLMP, but these are a next step after the initial structure is laid out

Key questions  What are the goals of a TLMP?  What are the legal rules surrounding entry for migrant workers?  What is the legal status of a migrant worker?  What worker protection mechanisms exist?  What is the role of employers?  What are the labour market needs?  How to meet labour market needs with a TLMP?  Will sending countries play a role?

What are the goals of a TLMP?  Addressing labour needs of employers and industry and support economic growth?  Protecting the domestic labour market?  Protecting the integrity of the immigration system - provide a legal avenue and protection for existing migrant movements?  Temporary or permanent programs - structural and ongoing needs?

What are the legal rules surrounding entry for migrant workers? Options depend on existing legal system and purpose of the TLMP  Specific legislation or adding to existing laws?  Programs established under mandates of ministries or other?  Are rules “transparent”?  are they clearly spelled in law / prescriptive legislation?  Or based mostly on regulations, policies, guidelines or other more flexible mechanisms?  What is the capacity to enforce provisions? `

What is the role of employers?  Open to all employers or limited?  Sector-based, coordinated, individual?  Requirements/fees/costs on employers for hiring of temporary migrants?  Employer registries?  Monitoring and compliance frameworks?

What are the labour market needs?  High-skilled, semi-skilled, and/or lower-skilled?  Driven by employer demand or migrant workers’ arrival?  Seasonal or ongoing?  Other?

How to meet labour needs with a TLMP? Labour market needs raise operational questions. For example:  Open to all occupations or limited?  Numbers respond to employer demand or limited?  Labour market tests / proof of need (case-by-case or open admissions)?  What skill or education levels are needed?  Same criteria for all skill levels or variations?

 What document is provided to migrant workers guaranteeing their status?  Do work permits open or tied to a specific employer/ occupation?  Do migrant workers have the same rights that are enjoyed by local workers?  Are migrant workers paid the same as domestic workers?  Do migrant workers pay tax?  What access do migrants workers have to domestic health and social services? What is the legal status of a migrant worker?

What worker protection mechanisms exist?  Same labour protections as country nationals or limited?  Awareness of protections by temporary migrants?  Access to recourse mechanisms by temporary migrants?  Role of interested parties (e.g. source country governments, international organizations, labour unions, advocacy groups)

Will sending countries play a role?  Formal or informal relationship with receiving countries?  Role in promotion and recruitment in receiving country?  Role in assisting nationals during employment abroad?  Programs for returning workers? (Development, health monitoring, etc.)

Each question and each stage of a LMTP raises its own set of questions and options For example  Is movement solely temporary or are there pathways to permanent residence?  Will third parties and labour recruiters play a role?  Tracking, monitoring and employment information systems and sharing?  Will resources allow monitoring and enforcement mechanisms, and how will rules be enforced?  Single ministry or multiple ministries or agencies?