Bangladeshis migrate to many countries in search of work. Singapore is far from being the topmost destination in terms of numbers; many more work in the countries around the Persian Gulf. This paper attempts a comparative study of the employment laws in the jurisdictions in which Bangladeshi migrant workers are likely to migrate to. Across the receiving countries, what are the legal frameworks that presently exist to protect migrant workers and how do they differ? Even a cursory look suggests that legal rights are uneven across different regions, and we hope to shine some light on the details.

This is the third of three reports:

  • Fog and minefields – pre-departure hazards faced by Bangladeshi migrant workers coming to Singapore;
  • The rocky road to a transfer – experiences in looking for new jobs with Change of Employer letters in hand;
  • Not good anywhere – laws and gaps affecting Bangladeshi workers in other major destination countries.

On recruitment, there are laws forbidding the collection of fees by employers and job agencies, but enforcement remains weak.

To address wage theft, several countries in the Gulf region have set up Wage Protection Systems (WPS) which, on paper, appear to be better than what Singapore has. Singapore does not have anything similar, relying exclusively on a post-facto (i.e. after the wages have been stolen) remedy process that does not work anywhere near as well as intended. Conceptually, WPS allows a more timely monitoring of payroll behaviour by bosses, but one fundamental weakness of the WPS is that it relies on data reported by employers without any independent verification, which opens up the possibility of data being manipulated.

Some Gulf states have legislated minimum wages, Singapore has not.

Another feature of the systems in the Gulf is the End-of-Service Indemnity benefit (EOSI). Employers in the Gulf states are liable for providing lump-sum gratuities calculated according to the worker’s wages, payable upon termination of employment. Amounts can be fairly substantial but even so, there have been criticisms that EOSI is insufficient to offer any real social benefits and fall short of ILO/international standards. Furthermore, payments are jeopardised when companies fall into bankruptcy and, without effective grievance mechanisms, workers’ right to EOSI may not be fully realised.

For decades, job mobility has been notoriously bad in the Gulf states due to their Kafala system, but recent abolition of this in some states have changed the situation for the better. However, even more recently, there has been backsliding. Needless to say, Singapore has nothing to boast about either. Here too, Work Permit holders have very limited ability to change employers, a privilege always at the discretion of the employer or the government.

The report goes on to analyse what drives progress, and sketches out the various international instruments and fora that can make a difference.

The full report (21 pages, PDF) can be seen by clicking the icon at right.