Findings of the MWF Feasibility Study and Conceptual Framework. Marianito D. Roque Vientianne, Laos 26 May 2015

Transcription

1 Findings of the MWF Feasibility Study and Conceptual Framework Marianito D. Roque Vientianne, Laos 26 May 2015

2 Migration Flows Cambodia 77,000 to Thailand over 15 years 20,000 Domestic workers to Malaysia 27,000 to South Korea EPS 378 to Japan on TIT

3 Migration Flows Laos -more than 800,000 in Thailand, mostly irregular Myanmar -5,000 to South Korea, Singapore, Malaysia and the Middle East

4 State of Inward Remittances Cambodia $444 average sent by a worker per year, mainly through MTO at 4-5% fee; 2.6% of GDP Laos -$553 average sent per year, sent via banks from Thailand; 2.3% of GDP Myanmar -$1,285 average sent per year, via banking channels; experiment on mobile phone remittance platform

5 Legal Framework Cambodia -Prakas252,onsite services & workers repatriation -Prakas249, grievance resolution and dispute machinery for workers outside of Cambodia

6 Legal Framework Laos Labour Law -Sect IV/Art.66; administration of Lao working abroad -Sect XI/Art.141; information on labour protection -Coverage of social security protection by Thailand

7 Legal Framework Myanmar Law Relating to Overseas Employment, with an implementing authority called the Overseas Employment Supervisory Committee.

8 Diagnostic: Migration Management Situation in 3 GMS States Lack, or absence of, Standards for Labour Migration General licensing rules for licensing recruitment agencies need upgrading No guiding or reference wages No standardized PDOS modules

9 Prelude to a Welfare Fund Regulatory adjustments in the standard employment contract, reference wages, improved rules for licensing and supervision of overseas employment agencies, enabled PDOS regime Amendment to LabourLaw, Prakas, Overseas Employment Law, for the creation of the Welfare Fund and delivery of welfare programmesand services to migrant workers

10 Standard Employment Contract Job classification or position Place and duration of employment Applicable basic wage Overtime pay for restday and holidays Paid leaves Conditions for free transport to and from place of employment Free food or compensatory food allowance Free board & lodging, or compensatory allowance Free emergency medical and dental services

11 Standard Employment Contract Workmens compensation benefits Repatriation of remains in case of death Conditions for pre-termination of contract Grievance protocol Remittance of wages

12 Addition to Employment Agency Licensing Protocol Minimum capital requirements, subject to adjustment depending on deployment numbers Joint and solidary liability with employer Schedule of penalties for violation of recruitment procedures; sanctions

13 Wage Standard, PDOS Management Reference wages based on ILO occupational classification; adjusted to competitive wages at destination states System of registration and authorization for PDOS providers Constant and regular updating of PDOS modules Network with civil society groups

14 Creation of a Welfare Fund Governed by a tripartite policy making board of trustees or directors Chaired by the Minister of Labour A Secretariat or an Organization to deliver the programmesand services, headed by a Career Executive Director A welfare fund fee of $15, the frequency and limit of membership to be determined by the Board Policy on management of, and investment of the Welfare Fund Private TelCosbenefiting from migration, shall provide annual grants for repatriation of migrants; as CSR

15 Start-up Organization 1. Secretariat headed by a career Executive Director (1 Director and 1 staff) 2. Financial Management Unit (3 officer & staff) 3. Membership Services Unit (3 officer & staff) 4. Overseas Operations Unit (1 officer, 1 welfare officer, 2 staff); welfare officer and 2 staff to be assigned at the Embassy in Thailand. 5. Migrant Assistance and Custodial Center (MACC) at the Embassy in Thailand

16 Funds Management No withrawalsfrom the fund until after the 2nd year Continuous investment by a bank to be determined by the Central Bank of the origin state Collection of membership fees through the commercial banking system, and accredited money transfer organization (MTO)

17 Home State Programmes Development of a network of Migrant Families Organization as support groups; civil society units Loans for livelihood projects of families and returning migrants, and Grants for pioneering business or technologies of migrants Education scholarships, vocational, technical and college degree; through a competitive qualifying examination

18 Home State Programmes Membership Death Benefit, for active members who die while working abroad; amount to be determined by the Board Networking with Social Security System and National Health Insurance programme, to link migrants benefits Membership Disability Benefit, for members who sustain employment injury or total permanent disability due to accident or illness. The amount shall be determined by the Board

19 Home State Service 24/7 Contact Center, for migrants and families inquiry, request for assistance, locator requests, complaints receiver.

20 Destination State Services Contract interpretation, to explain the rights, benefits and privileges of the migrant worker; vehicle can be a Post- Arrival Orientation Seminar (PAOS) at the Embassy Employment dispute mediation and conciliation Custodial assistance for distressed, abused and disadvantaged workers Repatriation of workers, and human remains

21 Destination State Programmes Community organizing, among the worksite communities, to bridge with the organized family civil society units at the origin state Return migration advisory