The statement is issued by the Landworkers’ Alliance (LWA), a union of agroecological farmers, growers, and land-based workers in the UK calling for UK supermarkets to pay recruitment related fees and costs for migrant workers. LWA is affiliated to La Via Campesina, an international organisation of peasant and agricultural workers’ unions with two hundred million members in eighty-onecountries. This statement is also signed by Fair Square and Andy Hall, a migrant worker rights specialist.

Original Source: LWA – 9th May 2024

See also coverage of the statement:

The Guardian 9th May 2024: UK Government says employers may be required to pay travel and visa costs for people getting seasonal worker visas

The Grocer 10th May 2024: Workers’ groups call on supermarkets to pay seasonal labour fees – The groups said there are risks farmers will be unable to comply to new rules

Vulnerable migrant workers from overseas pay often high levels of recruitment related fees and costs for their right to work, including for visa applications and travel. This causes several challenges for individuals recruited via the UK’s Seasonal Workers’ Scheme (SWS) in particular, and for migrants entering the UK under other immigration schemes. 

These costs absorb a significant portion of worker wages. Workers pay these costs upfront before arriving in the UK.Research indicates that these workers often sell personal possessions or take on debt, often by taking out high interest rate loans to meet these recruitment related costs. This puts workers at high risk of modern slavery and then exploitationor vulnerability. 

If no or infrequent work is available for migrant workers on arrival in the UK, whether due to climatic changes or other situations beyond the worker’s, employment intermediaries or employer’s control, such individuals cannot pay off their debt, which subsequently increases day by day. Such workers are then at risk of debt bondage, as they find themselves unable to leave an employer to earn enough to repay their debt with another employer or in another industry where work is more prevalent. 

We also note that the payment of high levels of recruitment fees and costs, and issues of subsequent debt bondage, has significance well beyond the farming sector, affecting workers on Tier 2 visas in several other high-risk supply chains in the UK.

The requirement for SWS workers coming to the UK to meet many if not all of their recruitment related costs, and the limited monitoring of recruitment channels to detect unethical or irresponsible recruitment, marks the scheme out from similar visa systems in other countries where these costs are mostly or entirely met by employers or a combination of employers and the state. In the US, workers are not liable for any recruitment fees or related costs. In Australia and Canada, these costs are limited and shared with employers and the state.

Given the risks of forced labour resulting from payment by workers of high levels of recruitment related fees and costs, the International Labour Organisation (ILO) recommended in Guidelines published in 2019 that ‘No recruitment fees or related costs should be charged to, or otherwise borne by, workers or jobseekers.’ This is referred to as the Employer Pays Principle (EPP). Investors groups representing £800bn in assets have already called for retailers to take action to implement the EPP in across their supply chains. 

In this regard, we welcome Sedex’s recent adoption of the EPP in their updated audit protocol utilised by much of the UK supermarkets’ supply chains as a means to promote and ensure compliance with standards on decent work and to prevent forced labour. We also note that these changes have significance beyond the UK, and will require these changes be implemented in supermarket supply chains internationally as well.

The UK Government has today also announced in its response to the 2023 Independent review into labour shortages in the food supply chain a commitment to investigating the use of the Employer Pays Principle for the Seasonal Worker visa route, and to fund economic modelling with the Seasonal Worker Taskforce – an industry-led taskforce focused on improving the welfare of migrant workers. We welcome this announcement but believe any such study should be conducted independently from the existing industry led taskforce and alongside civil society organisations, trade unions, and workers.

We recognise that implementing the EPP for Seasonal Workers in the UK will require a significant financial outlay at a time of great uncertainty for the UK farming sector. We believe, however, that it should be the supermarkets, not farmers, who pay these costs. 

Fruit and vegetable farmers are already struggling with financial pressures and uncertainty created by extreme climate, with nearly half fearing they may go out of business within a year. There are risks farms will either be unable to comply with the EPP, or that complying will damage the economic viability of farm employers. To ensure the resilience of UK fresh produce supply, it is imperative that the costs of the SWS and the EPP are not put onto growers and farmers, but are paid by retailers, who benefit from a greater proportion of the profits while shouldering less of the risk of production.

It is worth noting also that supermarkets absorb the lion’s share of the value produced by farmers and workers. Research conducted by the New Economics Foundation in conjunction with the Landworkers’ Alliance found that 54.7% of the value of strawberries from a case study farm employing SWS workers went to the supermarket, while only 2.2% of the value went to farm as profit. 

We note Sedex recognises that farms cannot implement the EPP alone. By categorising this requirement to implement the EPP as “Collaborative Action Required,” Sedexacknowledges the proposals will require wider supply chainsolutions. 

Major British supermarkets have already publicly committed themselves to the implementation of the EPP in their supply chains. Many are already members of the Consumer Goods Forum (CGF), whose Priority Industry Principles on Forced Labour accepts the principle that no worker should pay for a job and no worker should be indebted or coerced to work.Tesco and Marks & Spencer are also members of the Leadership Group for Responsible Recruitment, which has committed to total eradication of recruitment fees and related costs being charged to workers by 2026. 

For all of the reasons outlined above, we believe supermarkets must now therefore step up to meet the challenge of implementing the EPP in UK farming, and across other high risk immigration channels including the Tier 2 visa. Indeed, the implementation of the EPP should not stop in the UK. Supermarkets must also commit to implementing the EPP throughout their entire supply chains globally.

We the undersigned therefore call for UK supermarkets to meet the costs of implementing the EPP in the UK SWS, across the tier 2 visa scheme and across their global supply chains. 

We ask that the UK’s supermarkets, in conjunction with farmers and other suppliers, workers and trade unions, investors and civil society organisations, all work in partnership, including with the UK government, to swiftly develop a solution for sustainably implementing the EPP in the UK produce sector, across all immigration channels into the UK where workers are migrating for work, and in their global supply chains.

Together we can ensure that no worker on a UK farm or in UK supermarket supply chains has to pay for their job, no vulnerable migrant workers live in debt bondage, and enable ajust and fair food production system and supply chain for both suppliers, farmers and workers.

 Signed: Catherine McAndrew, Landworkers’ Alliance, Fair Square and Andy Hall, Migrant Worker Rights Specialist

Additional Reading:

Guardian 9th May 2024: UK Government says employers may be required to pay travel and visa costs for people getting seasonal worker visas

ETI 10th May 2024: New commitments announced under the UK Seasonal Agricultural Workers Scheme

GROCER 10th May 2024: SOURCING Workers’ groups call on supermarkets to pay seasonal labour fees – The groups said there are risks farmers will be unable to comply to new rules

April 30th 2024: BBC World – England again employs seasonal fruit pickers from Indonesia (translation)

The Grocer 30th Apr 2024: Growers brace for up to £90m in additional seasonal worker costs in UK in move towards internationally compliant zero cost responsible recruitment model for vulnerable migrant workers

3rd April 2024: Financial Times (London) UK employment – Britain’s seasonal worker scheme leaves many migrants in debt, research finds

3rd April 2024: Independent – Migrant fruit pickers saddled with debts of up to £5,500 to come to UK through government scheme

26th January 2024: UK Seasonal Worker Scheme Modern Slavery Issues: Indonesian seasonal fruit pickers landed in debt bondage challenges Home Office

26th Jan 2024: ATLEU – UK government fails to protect workers from trafficking and exploitation

26th Jan 2024: ATLEU – Challenge to government’s Seasonal Worker Scheme

25th Jan 2024 Home Office: UK government survey on experiences of seasonal workers scheme confirms the exceptionally high levels of issues (confusion, fees etc) faced by Indonesian and Nepali workers in 2021/2022

24th Jan 2024: ATLEU – Seasonal worker recognised as a potential victim of trafficking

20th Jan 2024 Independent: Migrant fruit picker may have been modern slavery victim under Home Office scheme, government finds

12th January 2024: UK government ‘breaching international law’ with seasonal worker scheme, says UN envoy

2nd Dec 2023 Independent: Nepali Migrant fruit picker who ‘struggled to buy food after being underpaid by British farm’ sues employers

FLEX 6th Nov 2023 – FLEX on the House of Lords Horticultural Committee report

6th Nov 2023: UK government complicit in exploitation of farm workers – Bureau of Investigative Journalism

FLEX 26th Oct 2023 – Seasonal Workers’ Rights; Who’s Responsible?

25th Oct 2023: DEFRA Former Secretary – Seasonal Worker Scheme should be taken away from Home Office to prevent continued abuses.

20th Sept 2023: Worker interest groups’ statement on leaving the UK ‘Seasonal Worker Scheme Taskforce’.

27th July 2023 Maplecroft: UK’s Seasonal Worker Scheme Raising Human Rights Concerns in the Food Sector.

21st July 2023: Vulnerable UK migrant workers at risk as audits of farm recruiters stall

23rd June 2023 – ‘They’re afraid’: Seasonal farm workers in the UK face poor conditions and visa hurdles.

17th March 2023 BHRRC Blog Series: UK Seasonal Worker Scheme Endangers Vulnerable Foreign Workers. (My Op Ed) 

16th March 2023: Labour agencies to face supermarket scrutiny over foreign worker exploitation claims in UK seasonal worker scheme.

11th March 2023: ‘UK Seasonal Workers Scheme Taskforce’ to fund audits to prevent worker exploitation.

23rd February 2023: Farm workers on UK seasonal visas to be guaranteed 32 hours a week

Other stories on challenges of UK seasonal worker scheme: 

1. Working in the UK: Hundreds of Indonesian Citizens Escape, More Than 1,200 Workers from Indonesia Threatened to Cancel (BBC, 16th Feb 2023)

2. AG Recruitment, UK recruiter of debt-hit Indonesian and Nepali migrant workers, loses seasonal workers scheme license following forced labour related allegations, worker abscondments and asylum claims (Guardian, 10th Feb 2023)

3. Indonesian former fruit pickers become illegal immigrants and asylum seekers in the UK – ‘This is the easiest shortcut’ (BBC, 26th Jan 2023)

4. Home Office accepts recommendations in Chief Inspector’s report on immigration system as it relates to the agricultural sector (Freeths, 16^th Jan 2023)

5. Immigration: Investors warn food companies about risk of forced labour on UK farms (Financial Times 19^th Dec 2022)

6. Investor statement on the UK Seasonal Worker Scheme (Public Investor Statement 19^th Dec 2022)

7. Hundreds of Indonesian fruit pickers in UK seek diplomatic help  (Guardian, 2^nd Dec 2022)

8. Seasonal worker visa puts migrants at risk of exploitation, say supermarkets (Guardian, 2^nd Dec 2022)

9. Seasonal fruit pickers from Nepal left thousands in debt after being sent home early from UK farms (Guardian, 13^th Nov 2022)

10. Indonesia to investigate claims fruit pickers in UK seasonal agricultural workers scheme charged thousands to work in Kent (Guardian, 29^th Aug 2022)

The post 9th May 2024: Landworkers’ Alliance and Allies call for UK supermarkets to pay recruitment related fees and costs for migrant workers appeared first on Andy Hall.

The Malaysian government today warned employers who bring migrant workers into the country to pay their employees, even when they are not given any work to avoid worker destitution. Speaking at a press conference, Human Resources Minister Steven Sim warned errant employers that failure to pay salaries is a major violation of the country’s labour laws.

Original article: Malaysiakini by Hariz Mohd & S Vionthaa – 16th January 2024

Forced labour and worker destitution

“Employees are entitled to their salary, even when they are not given any work.

“This will be our policy on the way forward. The Human Resources Ministry considers that any worker that is brought into Malaysia must be paid, regardless of whether the worker did any job or not,” he said during the conference in Putrajaya in order to avoid worker destitution.

Quota freeze, blacklist

On December 20th 2023, 171 migrant workers from Bangladesh marched some 10km to the Bayu Damai police station in Pengerang, Johor, to lodge a report against their agent who failed to find them employment after three months here leaving them in worker destitution.

The group were detained by the Immigration Department before they could lodge the report. They have since been released from custody.

Following the incident, Sim said, the ministry has also adopted several new approaches to prevent a repeat of such violations.

Companies that are found violating the law would have their incoming migrant workers quota frozen and be put on a blacklist.

Addressing concerns of a corporate veil protecting individuals behind the errant companies, the government will also take action against the directors and managers involved under Section 101(b) of the Employment Act.

“So, action will be taken against the directors and managers instead of only the corporate entity,” he said.

Meanwhile, on the Pengerang case, Sim told reporters that 571 Bangladeshi workers have filed claims for their unpaid wages with the Labour Department so far.

They involve a total amount of RM2.21 million in unpaid wages resulting in forced labour and worker destitution.

For this case, Sim said the Labour Court has set Feb 5 for hearing in Pengerang.

Channel News Asia 15th Jan 2024: Around 200 immigration raids conducted in Malaysian capital in first week of 2024 | Video

17th January 2024: Reuters: Malaysia to review migrant labour deals to stamp out exploitation and worker destitution

Original Source: Reuters – 17th January 2024

KUALA LUMPUR, Jan 17 (Reuters) – Malaysia will review bilateral agreements with 15 nations from which it sources labourers in a bid to address exploitative practices and manpower imbalances that have left thousands of migrant workers stranded without jobs and in worker destiution, officials said.

Since last year, thousands of migrants, mostly from Bangladesh and Nepal, have been left in limbo after arriving in Malaysia, where they were told that jobs promised to them in exchange for steep recruitment fees were no longer available.

The plight of the migrants coincided with concerns over workplace abuses in Malaysia, with several companies facing U.S. bans over the use of forced labour in recent years. Many labourers said they had not been paid any wages and face worker destitution.

Speaking to reporters late on Tuesday, the labour and home affairs ministers said the distribution of labourers was uneven across the economy, prompting a need to review the bilateral agreements.

They said Malaysia still had a shortage of workers in the agriculture and plantations sector, while quotas have been exceeded in other industries.

“We will revisit the agreements looking at various elements including fees, costs, contract conditions, health and so on,” Home Minister Saifuddin Nasution Ismail said, adding that the government would allow the transfer of worker quotas across sectors.

Workers from Indonesia, Bangladesh and Nepal account for over 70% of Malaysia’s migrant labour, with the remainder coming from countries including India, Vietnam, Pakistan, and Thailand.

Human Resources Minister Steven Sim said authorities had completed investigations into five firms involved in hiring hundreds of workers who later found themselves without jobs.

He said employers who hired such workers must pay them wages even though they do not have jobs, adding that companies and individuals who violate the law will be barred from hiring migrant labourers to avoid worker destitution.

Sim said 751 Bangladesh migrant workers had filed cases with the labour department to claim unpaid wages, involving a total of 2.2 million ringgit ($467,687).

16th January 2024 – Government to review MoU with 15 source countries on import of foreign labour [NSTTV]

Original Source: New Strait Times by Iylia Marsya Iskandar – 16th January 2024

PUTRAJAYA: The government will revisit all memoranda of understanding (MoUs) with 15 source countries on the hiring and recruitment of foreign workers to avoid worker destitution.

Home Minister Datuk Seri Saifuddin Nasution Ismail said the government will begin engaging with the relevant countries after receiving cabinet approval on the move.

Saifuddin, who spoke at a press conference after a meeting with Human Resources Minister Steven Sim at Kompleks Setia Perkasa today, said the MoU should be a dynamic agreement and not a static one.

“In the meeting, we saw that there is a need to revisit and scrutinise the MoUs with all 15 source countries. 

“The MoUs comprise numerous details including fees, cost, contract agreements and healthcare, among others.

“An MoU is a dynamic, not a static contract. We have agreed to revisit the details with the source countries,” he said.

Asked whether details of the MoUs will be made public, he said it will depend on certain criteria.

He however did not disclose the criteria.

Saifuddin said 77 per cent of the two million foreign workers in Malaysia with temporary work permits are from Bangladesh, Indonesia and Nepal, spread out over five sectors. 

He said to date, only the plantation and agriculture sectors were facing a deficit of workers.

Malaysia currently takes in foreign workers from 15 countries, namely Thailand, Cambodia, Nepal, Myanmar, Laos, Vietnam, the Philippines, Pakistan, Sri Lanka, Bangladesh, Turkmenistan, Uzbekistan, Kazakhstan, India, and Indonesia.

Government will allow employers to transfer quotas to other employers in sectors facing worker shortages to avoid worker destitution

Saifuddin said that the government will allow employers to transfer quotas to other employers in sectors facing worker shortages, including the plantations and agriculture sectors.

He said the joint committees involving the ministries aims to resolve the issue of shortages. 

“That’s why we’re allowing for workers to change employers. This means that when one sector is full, they can opt to transfer (the quotas and workers) to other sectors,” he said, adding he had met with Plantations and Commodities Minister Datuk Seri Johari Ghani earlier to have a clearer view on the matter.

“We have 442,000 hectares of rubber plantations and we are the net importers, importing about 700,000 metric tonnes for gloves and condoms manufacturing.

“We also have about 5.4 million hectares of palm oil estates. In the plantation sectors, 30 per cent of the workers are harvesters and they need to harvest every two weeks.

“When we calculate the two million workers, these two sectors are facing a large deficit,” he said.

Saifuddin said that the government will also shorten the foreign worker recruitment process to 15 months and 23 days, as opposed to the current 29 months and 13 days.

He said this will be done via cutting down the duration for certain processes.

This, he said, will include levy payment periods being reduced to 15 days from the current 30 days, and a reduction in the period to issue temporary work permits, from 15 days to 30 days.

He added that there has been no discussion yet on lifting the current freeze on foreign workers quota. 

On Mar 17 last year, the quota application and approval for foreign workers including through the Foreign Worker Employment Relaxation Plan were suspended for all sectors. 

Then-Human Resources Minister V. Sivakumar had said this is to enable employers, who have already been granted quotas, to start making plans for the immediate entry of the foreign workers.

However, employers were given up to 18 months to bring in foreign workers to Malaysia after paying a levy.

It is understood that some employers might have brought in the workers with or without jobs to meet the deadline.

16th January 2024: More jobless migrants make their make from Pengerang to embassy in KL

Original Source: Malaysiakini by S Vinothaa – 16th January 2024

Nearly 30 migrants, who made up the latest batch of foreign workers left stranded and jobless in Pengerang, Johor, have taken measures to try and resolve their prolonged unemployment, risking possible police detention in the process.

The 28 workers showed up at the Bangladesh High Commission in Kuala Lumpur this morning and are returning to Johor with few answers, following a mediation with the employer.

One worker told Malaysiakini that this was their third visit to the embassy and their hopes that the embassy would intervene were dwindling.

“We don’t believe they can do anything for us as repeated visits to the embassy have not gotten us any results,” said the worker, whose identity is being withheld to avoid backlash from his employer.

These workers are among hundreds of migrants who have been stranded without jobs in Malaysia despite being brought in through legal recruitment channels.

However, the employer who declined to be named, has attributed the delay in the commencement of their work to training certifications and special passes for construction sector workers.

“The certification under the Construction Industry Development Board (CIDB), training with the National Institute for Occupational Safety and Health (Niosh), and security clearance at the job site were holding up their commencement.

“They will be working in the oil and gas industry and the security clearance is very stringent.

“We have explained this to the workers and 15 workers have commenced work and received their first month’s salary,” the employer said when contacted.

The workers have been receiving a minimum sum to tide them over until the company can provide a full salary once they start work.

“We will also catch up with their unpaid wages later,” the employer added.

Temporary jobs

The employer also assured workers their passports will be returned and temporary jobs will be sourced while they wait for their passes to avoid worker destitution.

“We will find them temporary jobs and the workers, too, will be allowed to find temporary jobs,” he said.

The workers are among hundreds of unemployed migrant workers despite being brought in through legal recruitment channels.

Malaysiakini found that some were brought in by companies that won import quotas for migrant workers through fraud.

On Dec 20, 171 migrant workers from Bangladesh were taken into custody when they attempted to lodge a police report against their agent who failed to find them employment after three months here.

On Dec 25, Human Resources Minister Steven Sim said his ministry would summon the agency involved in recruiting the migrant workers.

16th Jan 2024: HR ministry lodges police report against employer in quota fraud scandal

Original Source: Malaysiakini by S Vionthaa & Hariz Mohd – 16th January 2024

The Human Resources Ministry has lodged a police report against one employer implicated in the migrant quota fraud exposed by Malaysiakini last November.

Human Resources Minister Steven Sim said the investigation won’t be confined to fraud and commercial crimes, leaving the police to determine the range of offences committed.

“The ministry has filed a police report requesting an investigation into the ID holder (quota applicant) by the police.

“So far, we have identified one employer and we will leave it to them (police) to take necessary action,” said Sim.

Declining to disclose the identity of the implicated employer, Sim acknowledged the possibility that the investigation might extend to Human Resources Ministry staff.

Human Resources Minister Steven Sim (right) and Home Minister Saifuddin Nasution Ismail

“If there is a crime, it takes both sides, so I am sure the investigation will involve the internal processes as well,” he said.

Sim added that the ministry would carry out its own investigation into the quota fraud scandal.

Earlier probe found no deception

Malaysiakini uncovered a syndicate that exploited the government’s migrant quota approval system, facilitating the entry of thousands of workers into the service sector.

The companies involved made money by either selling the quotas to other companies or agents or by selling or renting out the workers.

The scam has landed hundreds of migrant workers – who were duped into thinking they had jobs waiting for them in Malaysia – in dire straits, while at least two migrants brought in by the syndicate have died.

The Commercial Crime Investigations Department (CCID) confirmed with Malaysiakini earlier this month that they are actively pursuing an investigation into the alleged mastermind behind the fraud.

Yet, the CCID found no evidence of deception against the workers, closing investigations into police reports filed by workers who claimed they were cheated by companies that brought them into the country.

Reviewing bilateral agreements 

Sim was speaking to reporters at a joint press conference with Home Minister Saifuddin Nasution Ismail after their first joint committee meeting on foreign workers management for 2024.

Saifuddin said the government will reassess its bilateral agreements on labour migration with all 15 sending countries.

“There is a need to review these agreements as we found that there is a need to enhance the clauses related to fees, costs, health, and welfare of migrant workers in the country.

“We will revisit the agreements after the cabinet approves it,” he said. 

The Memoranda of Understanding (MoU) Malaysia has with source countries is dynamic, leaving room for constant improvements.

However, Saifuddin could not confirm if the MoUs would be made public.

“We will see, what are the criteria and conditions,” he said. 

While there has been no discussion to lift the freeze on migrant quota applications, Saifuddin said the cabinet paper from the two ministries will also recommend the commencement of a recalibration programme to repatriate undocumented migrant workers facing worker destitution.

Additional Reading:

See also: 16th January 2024: 751 duped Bangladeshi migrant workers in Pengerang case file RM2 million claim for unpaid wages resulting from situation akin to forced labour, stranded and destitute on arrival in Malaysia (includes comments by Andy Hall)

See also: 16th Jan 2024: Malaysia/Putrajaya to review MoUs on foreign workers with source countries

See also: 16th Jan 2024: MALAYSIA Home minister: Cabinet to discuss if overstaying foreign workers can be sent back to their respective countries

See also: 16th Jan 2024: Hiring process timeline for foreign workers to be halved, says Saifuddin

See also: 16th Jan 2024: Govt halves foreign worker recruitment process — Home Affairs Minister Saifuddin

See also: 16th Jan 2024: 171 Bangladeshi workers freed; have filed claim for RM2mil from employers

See also: 16th Jan 2024: Bangladeshi workers duped in Pengerang file claim for RM2.21mil in unpaid wages

See also: 6th Jan 2024: Away from families, in debt, and jobless in a foreign land

See also: 6th Jan 2024: FMT – Saifuddin, Sim to discuss status of freeze on foreign worker recruitment

See also: 6th Jan 2024: New Strait Times – Company that promised 171 Bangladeshi workers non-existent jobs blacklisted

See also: 5th Jan 2024: New Strait Times – MCA: Don’t just fine employers, hold ministry accountable as well for unemployed foreign workers

See also: 30th Dec 2023: Migrants being duped into Malaysia because of govt’s failure to curb criminal trafficking syndicates and organised crime network, says activist Andy Hall

See also: 30th Dec 2023: New Strait Times – Recruitment agencies accused of deception as Bangladeshi victims speak out on exploitation and fear

See also: 29th Dec 2023: Malay Mail – Set up probe on exploitation of migrant workers and new ministry to manage their affairs, Suhakam tells Putrajaya

See also: 28th Dec 2023: New Strait Times – ‘Company involved in 171 Bangladeshi migrant worker scandal not licensed to recruit’

See also: 28th Dec 2023: FMT – Malaysia has entered ‘slave labour’ territory, says ex-MP – Charles Santiago calls for specific set-ups to manage migrant workers 

See also: 27th Dec 2023: New Strait Times – MTUC demand govt, MACC probe into corrupt recruitment practices of foreign workers

See also: 27th Dec 2023: New Strait Times – Strict action against employers, agencies neglecting 171 Bangladeshi workers: MEF

See also: 27th Dec 2023: FMT – Bangladeshis duped over jobs are victims of human trafficking, says rights group

See also: 26th Dec 2023: FMT – Azalina wants urgent probe into 171 Bangladeshis duped over jobs

See also: 26th Dec 2023: FMT – High recruitment fees make greedy agents bring in workers, says group

See also: 25th Dec 2023: FMT – Probe recruitment agents, MACC told after arrest of Bangladeshis

See also: 25th Dec 2023: FMT – Human resources ministry comes to the rescue of Bangladeshi workers

See also: 25th Dec 2023: FMT – Cops nab 171 foreigners protesting lack of jobs in Johor

See also: 25th Dec 2023: The Star – Foreigners march to police station to complain about agent, get hauled up by Immigration Dept instead

See also: 5th Nov 2023: Malaysian HR Minister pledges nationwide operations concerning plight of Bangladeshi migrant workers in Malaysia following Andy Hall’s complaint letter to the OHCHR

See also: 30th Oct 2023: FMT: Andy Hall refers stranded Bangladeshi workers’ plight in Malaysia to UN Human Rights Council

See also: 19th Oct 2023: Malaysia facing huge excess of 1/4 million migrant laborers

See also: 21st Sep 2023: Malaysian government has 15 source countries for foreign workers – Comments by Andy Hall

See also: 20th Sep 2023: Rate of abused Bangladeshi workers’ entry into Malaysia worrying, says migrant rights activist Andy Hall

The post 16th January 2024: Joint Ministerial Meeting & Press Conference on Malaysian Migrant Worker Management Chaos, As Forced Labour and Worker Destitution Rises Massively appeared first on Andy Hall.

The Home Office has been found to be failing to investigate ‘clear indicators of forced labour’ associated with its seasonal worker scheme – Andy Hall – International Migrant Workers Rights Specialist

Original source: The Bureau Investigative Journal (TBIJ) by Emiliano Mellino – 12th January 2024

The UK government could be in breach of international law over failing to investigate “clear indicators of forced labour” in its seasonal worker scheme, an independent UN human rights expert has said. 

Tomoya Obokata, the UN’s special rapporteur on modern slavery, said he was “very concerned” by reports of intimidation, threats, sexual harassment and poor living conditions for people working on UK farms.‘Even one victim is a very serious issue for me’

The reports from the Bureau of Investigative Journalism (TBIJ), NGOs, government officials and parliamentary inquiries into the exploitation of seasonal workers also showed other indicators of forced labour, such as long hours, underpayment and a lack of access to sick leave, Obokata said.

“I wouldn’t say that this happens [on] almost every single farm … but I think that’s not the point,” he said. “Even one victim is a very serious issue for me. So, I think these instances of investigations and findings raise serious alarm.”

Seasonal Worker Scheme offers overseas six-month temporary visa

The seasonal worker scheme, which offers people from overseas a six-month temporary visa, was introduced in 2019 to address labour shortages that were expected to be worsened by Brexit. It has expanded rapidly, from 2,500 visas in 2019 to 55,000 this year.

The programme has been plagued by allegations of worker mistreatment. In March 2023, TBIJ uncovered systematic bullying and abuse on several UK farms. Those findings have been supported by evidence from NGOs and government inspectors, as well as a recent parliamentary inquiry.

In October, a TBIJ investigation found that the Home Office had failed to investigate hundreds of allegations made by seasonal workers of threats, wage theft and racism. The government said that improvements were being made to the scheme each year to stop exploitation. But it took two months to interview workers at one farm after allegations of exploitation were made as recently as last summer.

The Home Office also told TBIJ that a new team had been established to safeguard the rights of workers on the scheme. TBIJ understands that the team has half a dozen staff, while there are hundreds of farms in the UK employing seasonal workers.

“If the UK government is not properly conducting labour inspections, identifying abuse and holding perpetrators to account that is a clear breach of an international human rights obligation. There’s no doubt about that,” Obokata said.

In 2023, Obokata studied a similar visa scheme for farm workers in Canada, which he said constituted “a breeding ground for contemporary forms of slavery”. But he said the Canadian scheme seemed to be “better regulated” than its British counterpart, in part because the Canadian government has written agreements with the countries from which it is recruiting.‘The government should be closely monitoring and inspecting workplaces’

UK seasonal worker scheme puts power in private sector recruiter hands

By contrast, the UK scheme puts “enormous powers” in the hands of private sector recruiters, called scheme operators, who are paid by farms and decide where workers are sent. That system creates a relationship of dependence, he said, and could mean that workers might be less willing to speak out when experiencing abuse. 

In 2023, UK government-licensed scheme operators recruited workers from more than 60 countries.

“[The UK] is dependent on the licensed operators [for enforcement], which is problematic,” Obokata said. “It is the government who should be closely monitoring and inspecting workplaces.”

6th Nov 2023: UK government complicit in exploitation of farm workers in its seasonal worker scheme – Bureau of Investigative Journalism

By Andy Hall / 06/11/2023 / 10 minutes of reading

Government labor inspection reports revealed the exploitation of farm workers, and nearly half of the 845 seasonal workers interviewed claimed mistreatment, discrimination, wage theft, and threats of being sent back home.

Original Source: Info Migrants by Ana P. Santos – Bureau of Investigative Journalism

The British government failed to investigate allegations of widespread exploitation and unjust recruitment practices documented in government labor inspection reports and subsequently attempted to prevent that information from being made public, The Bureau of Investigative Journalism (TBIJ) reported last week (October 22). 

TBIJ reviewed 19 Home Office (government) farm inspection reports between 2021 and 2022 secured through freedom of information requests. The reports revealed that of the 845 workers interviewed and employed under a seasonal worker visa, nearly half (44%) claimed mistreatment, discrimination, wage theft, and threats of being sent back home, among other issues.

The findings of the farm inspection reports counter claims by farming minister Mark Spencer, who said that people working under the seasonal visa scheme are “very well looked after” and that employers “make sure that their welfare needs are met,” wrote TBIJ. Further, two visa scheme operators reportedly told the House of Lords that only 1% of their workers had made complaints. 

But none of the allegations raised during these inspections was investigated by the Home Office or visa scheme operators, according to a report by the independent chief inspector of borders and immigration, TBIJ reported.

Nicholas McGeehan, founding co-director of FairSquare, a nonprofit that investigates migrant rights abuses, described the inaction of the UK government as “appalling but not surprising”.

“On the one hand, you have a government yelling at small boats crossing and criminalizing refugees. On the other hand, they do not protect the migrants who come to the country to work,” McGeehan told InfoMigrants.

“The government needs workers, they recruit them so they need to protect them. It is not rocket science,” said McGeehan.

Migrant labor: the backbone of the agricultural industry 

The results of the government inspection reports were consistent with interviews with farm workers that TBIJ conducted as part of its investigation. 

Julia Quecaño Casimiro, 23, from Bolivia, told TBIJ that she has worked on farms in Chile for many years but never experienced bullying, discrimination, or wage deductions until she worked in the UK. 

A recruiter had told Casimiro that she would earn up to £500 a week picking fruit under a seasonal worker visa contract. Casimiro reported that she was not given any shifts during her first week, and the next week, she made less than £150. 

On many farms, workers reported not having showers or toilets in their caravans. In others, there were mice, cockroaches, or bed bugs.

Visa scheme operators are required to ensure workers are properly paid, treated fairly, and live in suitable hygienic accommodations. However, despite the numerous complaints raised by workers to labor inspectors, no government-licensed scheme operator has lost its license or been sanctioned for failing to meet these standards. Some have, however, been penalized when workers stayed in the UK beyond the end of their visas, reported TBIJ.

Casimiro was among the estimated 90 migrant farm workers who held an unofficial walkout in protest over being asked to pay for their flights to the UK and £250 every week for six weeks on top of accommodation deductions. The deductions would leave Casimiro only £16 on the weeks when she was given the hours guaranteed by the farm.

It was among the first recorded strikes by people on the UK government’s seasonal worker scheme. 

Seasonal worker scheme to plug massive labor shortages

The UK agricultural sector contributes around £130 billion (€149 billion) to the UK’s economy and employs about 467,000 people, according to a 2021 government study. 

The labor that keeps the farm belts of agriculture spinning is supplied by an estimated 70,000 migrant workers each year, according to a study by the University of Sheffield. About 99% of seasonal workers came from outside the UK. 

Caption: An estimated 70,000 migrant workers, mostly working as seasonal workers, form the backbone of the UK agricultural economy | Photo: picture alliance.

Established in 2019 to plug labor shortages in the agricultural sector which were anticipated to worsen due to Brexit, the seasonal expanded rapidly. There were 2,500 seasonal worker visas available in 2019 and up to 55,000 this year. Additionally, the Home Office increased the visa fee by £50 to £298 – more than twice what it costs to process it.

Farms across the UK are feeling the labor shortage brought on by the compounded impact of Brexit and the war in Ukraine. Brexit had already curtailed the seasonal migrant recruitment path from less affluent eastern European countries like Bulgaria and Romania. The Russian invasion of Ukraine made matters worse, severing the labor chain with the UK. From 2019 and 2021 Ukrainians reportedly made up the overwhelming majority of those granted seasonal work visas (19,920). 

With traditional – and nearer – sources of seasonal laborers now blocked, UK farms have had to recruit seasonal workers from countries such as Latin America, Indonesia, and Nepal.

Under the T5 Temporary Seasonal Worker scheme, people can come and work for up to six months. No knowledge of English is required but visa holders cannot change their sponsor once they arrive in the UK, claim welfare benefits, or sponsor other family members to join them.

As TBIJ reported, farm inspection reports also revealed that some workers had paid as much as £7,500 (€8,600) in recruitment fees to work in the UK. The charging of recruitment fees is illegal in the UK.

“The UK is dealing with immigration in a completely incompetent, negligent, and, frankly, immoral fashion. They’ve created labor shortages in the agricultural sector but have put in place a flimsy scheme that has not been well-thought out,” said FairSquare’s McGeehan.

Paying for the right to work – Exploitation of Farm Workers

Speaking to InfoMigrants in London, Mariko Hayashi, executive director at the Southeast and East Asian Centre (SEEAC), a migrant support organization, said that the UK seasonal worker visa has created problems for migrant workers even in their countries of origin.

“In Indonesia, recruiters have misled workers by saying that they could ‘renew’ the seasonal worker visa and ‘return’ to work for the next season,” said Hayashi.

Caption: From file: Brexit and the war in Ukraine have cut off the recruitment of seasonal workers from neighboring countries, leaving farms to recruit from as far as Southeast Asia and Latin America | Photo: picture alliance / Photoshot.

This is meant to justify the massive recruitment fees. However, the seasonal worker visa is non-renewable.

“Now, you have workers who can no longer come back and are buried in debt. When you have to travel that far to work for only six months, it’s very hard to make back the money you spent,” Hayashi said.

6th Nov 2023: TBIJ – New Report Urges Stronger Protections for UK’s Seasonal Workers 

House of Lords report citing TBIJ evidence demands clampdown on abuse, poor living conditions and illegal fees. 

Original Source: The Bureau of Investigative Journalism by Lucy Nash – 6th November 2023.

The House of Lords has published a new report urging the government to clamp down on the abuse that seasonal workers face on UK farms within the seasonal worker scheme. This follows revelations by the Bureau of Investigative Journalism (TBIJ) that hundreds of migrant workers in the UK’s agriculture sector have raised welfare issues including threats, wage theft and racism.

The Horticultural Sector Committee’s report, published on Monday, recommends a number of new measures including that the government split up labour inspectors from immigration enforcement. Citing concerns that workers are often deterred from reporting abuse for fear it might affect their immigration status, the report advises the government to “provide an official source of redress to seasonal workers that is not linked to immigration”.

It also urges the Home Office to increase the budget for the Gangmasters and Labour Abuse Authority (GLAA), the public body tasked with overseeing this area, and to ringfence some of this money for the hiring of extra labour inspectors.

Read more from this investigation: 

• ‘They treat you like an animal’: How British farms run on exploitation
• Watchdog criticises Home Office for dropping farm worker visa review‘
• All that is missing is a whip’: Home Office ignored migrant worker abuses on farms
• ‘We weren’t viewed as humans’: Migrant workers tell parliament of discrimination and cruelty on UK farms

TBIJ reporter Emiliano Mellino identified both of these steps as potential improvements to the system at a hearing with the select committee in June. Mellino’s evidence is cited in the report.

It asks the government to more “proactively enforce” the rules that all seasonal workers are paid the national living wage (£10.42/hour) and given a minimum of 32 hours of work per week. And it recommends updated guidance that makes clear this applies for the full six months of their visa. The current absence of such guidance has resulted in workers being left for weeks without work or pay, the committee heard as evidence.

The report also recommends the introduction of compulsory welfare spot-checks between months three and six at farms employing seasonal workers, with penalties for those failing to abide by labour laws.

It says that all interviews conducted with workers during these spot-checks should be anonymous, confidential and available in the worker’s first language. “It should be made clear that it has no link to their immigration status,” says the report.

In an investigation last month, TBIJ found that nearly half of 845 workers interviewed by the Home Office at farm inspections between 2021 and 2022 raised welfare issues.

The committee also advised the Home Office to issue new guidance to ensure that health and safety standards are upheld for caravans housing workers.

One farm worker interviewed by TBIJ, who also gave evidence to the House of Lords in June, recounted having to stay in a caravan cold enough to put him at risk of hypothermia. “It’s almost the same as living on the street,” he said.

The committee said this new guidance should clarify that workers’ caravans would have to meet British Standard to which residential park homes are built, with local authorities given a duty to inspect and enforce this.

As it stands, councils have virtually no power to enforce housing regulations on seasonal workers’ caravans or even inspect them. “They are almost completely unregulated,” a lawyer told TBIJ.

TBIJ also found that some workers were being charged not only for their accommodation but also gas, electricity, bed linen, duvets, pillows and use of washing machines. Monday’s report encourages the GLAA to consider how to ensure workers are not charged fees beyond what is permitted by law. It also says that rental contracts should be in the seasonal workers’ first language, and signed and agreed ahead of their arrival in the UK.

The committee said it has heard evidence to suggest that some seasonal workers are being charged extremely high illegal recruitment fees – an issue revealed by TBIJ last year. The report urges that the GLAA clamp down on the “scammers, criminals and the overseas staff of scheme operators” who charge these fees.

The Horticultural Sector Committee also demanded that the government uphold its promise to publish its review of the seasonal worker scheme.

“Seasonal workers work in the UK for a short time,” says the report, “but for the time that they are here, they are owed the full protection of existing UK employment laws and standards.”

Additional Reading:

See also: Statement: FLEX on the House of Lords Horticultural Committee report

See also: Seasonal Workers’ Rights; Who’s Responsible?

See also: 5th November 2023 – Politics South East

See also: 25th Oct 2023: DEFRA Former Secretary – Seasonal Worker Scheme should be taken away from Home Office to prevent continued abuses.

See also: 20th Sept 2023: Worker interest groups’ statement on leaving the UK ‘Seasonal Worker Scheme Taskforce’.

See also: 21st July 2023: Vulnerable UK migrant workers at risk as audits of farm recruiters stall.

See also: 27th July 2023: UK’s Seasonal Worker Scheme Raising Human Rights Concerns in the Food Sector.

See also: BHRRC Blog Series: UK Seasonal Worker Scheme Endangers Vulnerable Foreign Workers.

See also: 16th March 2023: Labour agencies to face supermarket scrutiny over foreign worker exploitation claims in UK seasonal worker scheme.

The post 12th January 2024: UK government ‘breaching international law’ with seasonal worker scheme, says UN envoy appeared first on Andy Hall.

FGV Holdings has introduced an enhanced mechanism to track errant agents and reimburse any workers who have paid recruitment fees, says GLC FGV. Andy Hall had accused FGV Holdings Bhd of engaging a few recruitment agencies not on the government’s officially sanctioned list.

Original source: FMT by K. Parkaran – 10th November 2023

PETALING JAYA: A government-linked company (GLC), which has been accused of violating regulations in the intake of foreign workers, says it has acted against errant recruitment agencies and reimbursed RM 72.2 million to workers who were “cheated.”

FGV Holdings Bhd said it was looking into the allegations by activist Andy Hall that the company used unauthorized agents who made workers pay recruitment fees, thus violating the memorandum of understanding (MoU) between Malaysia and the source countries.

“FGV is committed to upholding the highest standards in its practices involving the recruitment of foreign workers.

“Through our enhanced due diligence mechanism, three agencies were suspended for failing to comply with our ethical recruitment requirements.

“In line with its commitment, the company will reimburse any worker found to have paid recruitment fees. To date, FGV has spent a total of RM72.2 million for reimbursement,” its spokesperson Syuhada Naziri said in an email reply to FMT.

In his official complaint to the human resources ministry and FGV, Hall had alleged that the GLC had engaged the services of a few recruitment agencies not on the government’s officially sanctioned list.

He also alleged that although the government practised a “zero-cost” recruitment policy, Malaysian manpower agencies often took money for recruitment costs from employers, source country agents and the workers.

Syuhada said FGV is fully dedicated to adhering to all applicable guidelines, laws and regulations in Malaysia, including those related to the recruitment of migrant workers and human rights principles as outlined by the International Labour Organization (ILO).

“We treat all of our employees, including migrant workers, with dignity and respect. Additionally, FGV engaged an external independent organisation to oversee its recruitment of migrant workers this year,” she said.

Syuhada said the recruitment agents retained by FGV were assessed for responsible and ethical recruitment practices, adding that workers were also interviewed on their recruitment experiences.

“FGV will only engage recruitment agencies that demonstrate commitment and effort to continuously implement responsible and ethical practices.”

Hall, who has been frustrated with the poor response from Malaysian authorities over the plight of hundreds of Bangladeshi workers struggling in debt bondage and without jobs here, recently referred the matter to the Office of the United Nations High Commissioner for Human Rights for further action.

See also 10th Jan 2024: FGV Makes Significant Strides in Addressing US Customs Withhold Release Order: RM72.2 mil reimbursed to workers; strengthened recruitment procedures for no recruitment fee

See also: 9th Nov 2023: Malaysia – The State of the Nation: Flaws of foreign worker system laid bare in declassified report.

See also: 26th Oct 2023: Malaysian PM Office’s Minister Azalina says govt to complete national action plan for business and human rights by 2024 amid global spotlight on systemic migrant forced labour in the country.

See also: 23rd Oct 2023: Response from the Ministry of Human Resources regarding an article by Mr. Andy Hall.

The post 10th Nov 2023: FMT – 3 agencies suspended, RM 72 million reimbursed to ‘cheated’ workers, says GLC FGV appeared first on Andy Hall.