Protecting Migrant Workers' Labour Rights: Strategies and Initiatives by Ministry of Labour, Jamaica
The Ministry of Labour & Social Security in Jamaica oversees the Overseas Employment Programme (OEP) focusing on selection, recruitment, and protection of workers participating in various programmes in the USA and Canada. Measures like ethical recruitment, cooperation initiatives, and strengthening of labour inspection aim to safeguard migrant workers' rights.
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30/9/2024 PRESENTER: DELROY PALMER - MLSS,JAMAICA 1
PANEL 2 TOPIC: PROTECTING THE LABOUR RIGHTS OF MIGRANT WORKERS QUESTIONS FOR DIALOGUE AND PRESENTATION Strategies Being Developed Both in Country of Origin and Destination, to Raise Awareness and Disseminate Information on the Labour Rights of Workers Initiatives The Ministry of Labour has Advanced to Strengthen the Capacity of Labour Inspection to Protect the Rights of Workers Cooperation Initiatives Being Developed Between Countries of Origin and Destination to Protect Workers .. Actions to promote ethical Recruitment 30/9/2024 PRESENTER: DELROY PALMER - JAMAICA 2
WHAT IS LABOUR MIGRATION According to the United Nation s Migrant Workers Convention; a Migrant Worker is a person who is to be engaged, engaged or has been engaged in a remunerated activity in a state of which he or she is not a national Thus The Ministry of Labour and Social Security s Overseas Employment Programme 30/9/2024 3
INTRODUCTION: MINISTRY OF LABOUR & SOCIAL SECURITY (MLSS)- JAMAICA OVERSEAS EMPLOYMENT PROGRAMME (OEP) MLSS administered the OEP, which facilitates the selection and recruitment of workers (21-45 yrs old) to participate in the programme in The United States of America (USA) and Canada. The OEP which started as early as 1945 (USA) has grown over the years. Currently the programmes include: The USA Farm Work Programme The USA Hospitality/Hotel Workers Programme The Guantanamo Bay Programme The Canadian Farm and Factory Programme and The Canadian Skill/Low Skill Programme Which can run from 4 months to 2 years per contract Under the programme workers are able to get extension of up to 4 years or more if the employer wants to renew their contract/work permit 30/9/2024 4
SELECTION PROCESS OF WORKERS The selection of workers to participate in the MOL s OEP is a very transparent one, which gives the most suitable candidate a chance to participate. The process include but not limited to: PRE-SELECTION PROCESS The issuance of application forms(Farm Work Programmes) to the best suited and qualified candidates within a community by the Member of Parliament/NGOs (Including Agricultural Instituti0ns), while for the Hotel Programme resumes are submitted to MLSS by qualified/experienced applicants Interviews are then held to select the most qualified applicant at a schedule times of the year Liaison Officers select workers for Canada Farm Work, while the Recruiting Agent; FLECTS (Florida East Coast Travel Service) select workers for the USA Programmes - (Pool) It is the norm for US Employers to come to Jamaica to select their own candidates from the Pool, while other employers will request that FLECTS assigned workers to fill vacant positions MOL also assist workers to get further training/qualification through the HEART programme 30/9/2024 5
ORIENTATION OF WORKERS Before departure and on arrival to destination countries (USA or Canada) workers are informed of what their rights are and what is expected of them. Workers are given a contract which is signed by the employer, the government representative, and then by the worker, information included in the contract but not limited to are: The hours of work and rate of pay Their health and safety Living accommodation & cost (cost for some workers) 30/9/2024 6
ORIENTATION OF WORKERS Workers must not be required to work excessive hours that would be detrimental to their health and safety Regular work hours would be 40-48 hours work week (Depending on the State/Province) If a worker would like to request for additional hours of work it shall be in accordance with the applicable Provincial/Territorial Labour Laws Caribbean workers are given the same rights as destination country workers 30/9/2024 7
THE RIGHTS OF MIGRANT WORKERS The Employer shall provide the Worker and the Liaison Service (Govt. Representative) with a copy of rules and regulations of conduct, safety, discipline and care, and maintenance of property as the Worker may be required to observe (Contract) When the worker arrives to the place of employment a copy of the contract of agreement signed by the Employer, the Govt. Representative and the Worker is given to the employer the worker is allowed to keep a copy of this agreement 30/9/2024 8
THE RIGHTS OF MIGRANT WORKERS The Employer Agrees to: The Worker Agrees to: Provide clean, adequate living accommodations to the worker At no cost to SAWP Workers but at a cost to USL Workers Accommodations must be equipped with laundry facilities Accommodations must meet with the annual approval of the appropriate government authority responsible for health and living conditions Maintain living quarters which is furnished by the employer * SAWP (Seasonal Agricultural Workers Programme) * USL (United States Labour) 30/9/2024 9
THE RIGHTS OF MIGRANT WORKER The Employer Agrees to: The Worker Agrees to: Provide reasonable and proper meals for the Worker during periods of transportation and employment Have a sum which should not to exceed the signed amount per day, for the cost of meals. This may be deducted from the worker s wages At a cost to the worker as in the agreement 30/9/2024 10
THE RIGHTS OF MIGRANT WORKERS THE EMPLOYER AGREES Pay Advances The employer may pay the worker in advance so the worker can purchase food/personal items This must be agreed in writing by the employer and the worker The employer must make payroll deductions in accordance to the law 30/9/2024 11
THE RIGHTS OF MIGRANT WORKERS THE WORKER AGREES Deduction from wages The employer shall deduct a portion of his wages and send the amount to the Liaison Service These deductions is to cover cost associated with the physical and financial protection of the worker while in Canada and to ensure the worker s safe arrival from their country of origin These cost includes contribution to The National Insurance Scheme (Canada) Supplementary medical coverage Reasonable fees for required medical exams Government administrative fees: preparation of documents, ground transportation, lodging during transit to and from Canada, orientation sessions, security 30/9/2024 12
ROLE OF THE LIAISON SERVICE There is A Liaison Service for both the USA and Canada Programmes with Liaison Officers who are strategically assigned to different areas to assist Jamaican Workers on the GOJ Overseas Employment Programme (OEP) The Liaison Officer has the responsibility of seeing to the general welfare of each worker on the OEP. These include but not limited to: Ensures that accommodation meets acceptable standards prior to arrival of workers Meets with workers upon arrival for orientation Assist with medical emergencies or situations such as; natural disasters, disputes with the employer, legal situations etc. Monitors the employment situation to ensure that both employers and workers adhere to the terms and conditions and procedures of the employment contract. 30/9/2024 13
ROLE OF THE LIAISON SERVICE Dialogues with employer to ensure that all outstanding wages are forwarded to the worker Communicates with workers families (in some cases to the Family Service Unit through the Social Workers) in home country in special circumstances and for urgent matters or emergencies Communicates with the Ministry of Labour (Jamaica) in a timely manner regarding any special cases/situation involving worker(s) If a worker needs to be repatriated for medical reasons, will assist to ensure that the process is handled timely and effectively - including follow-up care at home 30/9/2024 14
CONCLUSION The Ministry of Labour (MOL)(Jamaica) is very keen in ensuring that the welfare/rights of all Migrant Workers are taken care of while they serve on the Overseas Employment Programme: Through the Liaison Service in both USA and Canada, the MOL (Jamaica) is satisfied that all possible measures are in place to protect the welfare/rights of our workers The MOL (Jamaica) has in place initiatives that will be able to strengthen the capacity and protect the welfare/rights of our workers while they serve on the programme, as such as new issues arises corrective measures would be put in place, for example the Family Service Unit.... The MOL is keen to ensure that the selection process is within the guidelines by which the programmes were established (transparent, unbiased & available to all qualified persons) 30/9/2024 PRESENTED BY: DELROY PALMER - MLSS, JAMAICA 15
