Fair recruitment

Justice across borders: Access to labour justice for migrant workers through cross-border litigation

The report investigates cross-border litigation as a critical tool for enabling migrant workers to access labour justice and overcome challenges tied to mobility and legal frameworks. It highlights successful case studies, identifies systemic barriers, and provides concrete suggestions for ensuring labour justice for migrant workers by drawing lessons from the examined case studies and research.

Access to labour justice is a significant challenge for migrant workers who experience labour and human rights violations, often exacerbated by their immigration status and the transnational nature of their employment. This report explores cross-border litigation as a mechanism to enable workers to pursue legal remedies even after leaving the country of employment.

Drawing from international labour standards and aligned with principles of portable justice, the report highlights the importance of ensuring migrant workers’ rights are upheld across jurisdictions. Through six case studies, the report examines diverse contexts where labour violations, including wage theft, illegal recruitment fees and costs, and gender-based violence and harassment, were successfully litigated. These examples underscore the role of critical actors, including lawyers, trade unions, and civil society organizations in supporting migrant workers.

The report identifies key barriers, including legislative exclusions that deny coverage to irregular workers, practical difficulties in navigating legal systems remotely, and intersecting forms of discrimination, including gender-based discrimination. The report also highlights additional challenges, including weak enforcement mechanisms, which often leave workers uncompensated despite favourable judgments. Recognizing these systemic hurdles, the report emphasizes the need for robust legal frameworks that ensure equal treatment, flexible complaint mechanisms, and proactive enforcement measures.

Recommendations include empowering labour departments to address violations, enabling workers to lodge complaints remotely, facilitating legal aid, and strengthening transnational networks for advocacy and representation. Specific attention is directed at vulnerable groups, particularly women migrant workers, who face compounded barriers due to gender-based discrimination and the nature of their employment. By advancing portable justice and fostering global collaboration, the report calls for systemic reforms to bridge gaps in legal protections and create equitable pathways to justice for migrant workers worldwide.