Labour migration

Migrant workers’ rights to freedom of association and collective bargaining

Freedom of association and collective bargaining (FACB) are fundamental rights of universal scope that should apply to all workers – including migrant workers. The new ILO Report describes the special challenges migrants face in enjoying these rights, clarifies the expectations from international instruments, supports efforts to fine-tune laws and regulations, and provides advice on how to overcome common practical obstacles to the full enjoyment of FACB’s rights by migrant workers.

The ILO Report on Migrant Workers’ Rights to Freedom of Association and Collective Bargaining supports efforts to fine-tune laws and regulations to promote migrant workers’ FACB rights. It depicts the special challenges men and women migrants face and clarifies the expectations from international instruments. It identifies the specific types of exclusions and restrictions that exist for the enjoyment of these rights by migrant workers. The Report also provides advice to surmount common practical obstacles to the full exercise of FACB rights at the workplace, such as legal, cultural and gender barriers, or discrimination.

Building, among others, on the results of an ILO Survey on the perspectives and experiences of trade union federations around the world, the report provides a ground-level identification of the obstacles encountered and shares examples of good practices in promoting migrant workers’ FACB rights. It highlights the importance of cross-border trade union cooperation and networking to support migrant workers in the exercise of their rights.

The report calls for specific organizing strategies for women migrants depending on prevailing gender inequalities and sectors concerned. It encourages the development of robust state institutions, such as the labour inspectorate, to ensure effective recognition of migrant workers’ rights and underlines the importance of accessible justice. The Report recognizes that there is no one-size-fits-all strategy to promote and implement in practice the FACB rights of migrant workers.

Drawing on good practice, the report paves a way for the collective voice of migrant workers to be heard so that they may contribute their labour in conditions of freedom, respect, and human dignity.