International Labour Organization

SEAPAT

South-East Asia and the Pacific Multidisciplinary Advisory Team

Table of Contents

• Foreword
• Introduction and definitions, by W. R. Bohning
• First subject: Scope and limits of private agencies responsibilities and obligations,
  by W. R. Bohning
• Theme (i) Which services are appropriate for private agencies?
  • What are the issues?
    • Is recruitment the only service private employment agencies should discharge?
  • ILO's views
    • How to define employment agencies and their services
    • Charging fees or costs to migrant workers?
  • Procedural suggestions
• Theme (ii) What constitutes illegal acts or misconduct on the part of private agencies?
  • What are the issues?
    • What obligations - of a positive or negative nature - should be imposed on private agents by law?
    • Self-regulation of agencies?
  • ILO's views
    • Principles to guide licensing policies
    • Which fundamental licensing principles should be laid down in law?
    • Other matters to be dealt with by other instruments?
    • Contents of relevant associations' Codes of Ethics/Practice/Conduct
  • Procedural suggestions
• Theme (iii) Sanctioning unlawfulness or misconduct?
  • What are the issues?
    • Why sanctions?
    • What is meant by sanctions?
    • Who is to sanction
  • The autonomy of professional associations
  • ILO's views
    • State powers of supervision or monitoring
    • State powers of investigation Administrative sanctions by the State
    • Courts
• Second subject: Effective and efficient complaint and mechanisms for migrants by C. Noriel

• Introduction
  • Main concept and categories of labour disputes
  • Dispute settlement procedures
  • Migrant workers protection
• Theme (iv) Should there be three tiers of individual complaint procedures?
  • What are the issues?
  • What constitutes the three tiers approach?
    • First tier: Private employment agencies
    • Second tier: DEPNAKER
    • Third tier: Adjudication
  • Procedural suggestions
• Theme (v) What procedures should be foreseen by PJTKI and/or APJATI
  • What are the issues?
    • What measures can be taken to effectively redress the most common complaints of migrant workers?
    • What is expected from individual employment agencies?
    • The role of national organizations of employment agencies
  • ILO's views
• Theme (vi) What procedures should be initiated by DEPNAKER?
  • What are the issues
    • What is the role of DEPNAKER in dealing with migrant workers complaints?
    • The experience of the Philippines
    • Thailand's experience
    • The challenge to DEPNAKER
  • ILO's views
  • Procedural suggestions

• Theme (vii) What court procedures should be appropriate?
  • What are the issues?
    • What are the options for the adjudication of workers' complaints?
  • ILO's views
  • Procedural suggestions
• Concluding comments
• Report of the workshop on overseas employment institutions
  Jakarta, 24-26 November 1998
• Footnotes

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E-mail: seapat@ilo.org

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Created by SF. Approved by WRB. Last updated on 31 August 1999.