La protection sociale des travailleurs migrants

Although the 164 million migrant workers of the 258 million international migrants worldwide contribute fully to the economies of their host and home countries, migrant workers are often excluded from social protection coverage. Migrant workers compared to nationals working their entire lives in one country, face major legal and practical obstacles in accessing social protection benefits. They may be denied access or have limited access to social security because of their status or nationality or due to the insufficient duration of their periods of employment and residence. In addition, the lack of bilateral or multilateral agreements may prevent migrant workers from maintaining their earned benefits and benefits in the course of acquisition. This is particularly important in the case of long-term benefits (invalidity, old-age and survivor’s) where qualifying periods may be considerable.

To address the different obstacles faced by migrants in accessing healthcare and other social protection benefits, States can opt for different policy options which are not mutually exclusive:

1. Ratification and application of relevant ILO Conventions and Recommendations as a first step towards the domestication of the principles and standards therein.
2. Conclusion and enforcement of social security agreements (bilateral/multilateral) to ensure social security coordination.
3. Inclusion of social security provisions in bilateral labour agreements (BLAs) or Memorandums of Understanding (MoUs).
4. Adoption of unilateral measures including ensuring equality of treatment or the establishment of national social protection floors to extend social protection to migrant workers and their families.
5. Complementary measures addressing the administrative, practical, and organizational obstacles faced by migrant workers.

Social partners should be actively involved in the planning, design, and monitoring of all the above policy options

ILO’s means of action

The ILO is mandated to support the extension of social protection to all in need of such protection, including migrants, and provides technical assistance to its constituents in their extension strategies.

Technical advice/expertise and capacity building is provided on:

• the ratification and application of ILO Conventions and Recommendations
• the drafting and negotiation of social security agreements
• the establishment of comprehensive social protection systems, including national Social Protection Floors, based on social dialogue
• the drafting or revision of national legislation and policies
• the drafting and negotiation of bilateral labour arrangements and MoUs with provisions on social security
• the formulation of national social protection policies and legal frameworks that extend coverage to migrant workers (including those in the informal economy) and their dependents in line with international standards and good practices
• the development, strengthening, implementation and monitoring of new or existing rights-based social protection schemes or mechanisms that enhance access or extend coverage to migrant workers (e.g. providing access to health care, income security, etc.)
• the establishment of a knowledge base (including statistics) on social security for migrant workers to support evidence-based policymaking and capacity building
• the costing and financing of social protection schemes and reforms (e.g. fiscal space analyses), including those related to the extension of social protection to migrant workers and their families
• the financial governance of social protection schemes and programmes.