factors affecting low-skilled migrant workers’ decision in accessing voice mechanisms: a...

Factors affecting low-skilled migrant workers’ decision in accessing voice mechanisms: A comparativestudy between Thailand and Japan

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By: Ruttiya Bhula-orUniversity of Tokyo

ILO 4th Conference on Regulating for Decent Work 8-10 July, 2015, Geneva, Switzerland

Motivation

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The number of migrant workers has been increasing every year: from 154.2 million in 1990 to 231.5 million in 2013 (UN, 2013). A number of low-skilled workers are facing labour rights violation. To enable labour rights in practice, workers can express their concerns about possible misconduct at work through a voice mechanism (feedback/ complaint/ grievance mechanism).

ONLY a small number of migrant workers actually access that mechanism …Among those who are forced labourers only 8.9 per cent made grievance and more people wanted to do but did not do so ILO & ARCM(2013), Employment practices and working conditions in Thailand’s fishing sector

Collective channelVoice

mechanisms Individual channel

Eg. through labour unions

Eg. By the migrant himself

Previous Literature

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A large body of previous literatures focus on:1) guidelines and recommendations by

International Organizations/ Government 2) case studies. 3) cases reported to migrants’ home countries

when they return ( e.g. Castro, 2010 in Philippines; ILO, 2013 in Srilanka; Farbenlum et al, 2013 in Indonesia).

Only the limited number of literatures on <migrant workers and the actual accessibility to the voice mechanism

at the receiving countries>

Research questions

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To promote labour rights in practice by enabling migrant workers to meet the minimum national working standards.

1. What is the low-skilled migrants’ actual accessibility to the voice mechanism in developed and developing countries (using Thailand and Japan)?

2. What are factors affecting migrant workers’ decision to access voice mechanisms in response to labour rights’ violations and problems at work?

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Scope of the study Thailand and Japan: Both countries are net immigrant

countries in East &South-East Asia and with similar religious background.

The interviews were conducted in Bangkok and Tokyo.

Focus on the service and manufacturing sectors

- Account a significant share of national incomes

- key economic sectors in the targeted area

- Avoid the sampling variation of the agricultural sector. In-bound low-skilled migrant workers (Occupational

categories): Eg domestic workers, manufacturing & service workers.

Accessibility to the voice mechanisms is an opportunity of workers that can reach to mechanisms to seek redress and/or remedies through any channel in full confidence, and with the understanding that no retaliatory action will be taken against migrant workers.

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Methodology design

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Many low-skilled migrant workers, especially in Thailand, are illiterate. Therefore, face-to-face interview approach is used.

A total of 150 structural interviews of low-skilled migrant workers in Thailand and Japan. Each interview took around 1-1.5 hour(s): (1) 75 Thai migrant workers in Japan (2) 75 Burmese and hill tribes in Thailand

The interviews included regular and irregular migrants

Access to workers was arranged through existing contacts: Friends, NGOs, community leaders, and government officials, through the snowballing technique and in the migrants’ traditional events/ communities.

Comparative analysis

Qualitative analysis

Quantitative analysis *

Background: Migrant workers in Thailand

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- Thailand has become a regional migration hub in Southeast Asia, especially from neighbouring countries. The number of migrant stock in 2001 was 1.3 million , and 3.7 million in 2012 (UN, 2013).

- High share of irregular migrant workers. ie In 2013, the gap between the number of migrant stocks (UN estimate) and the regular migrant workers (Ministry of Labour) was 2.5 million workers.

- 89 per cent of migrant workers are estimated to be low-skilled migrant workers (Author’s estimation from the MOL statistics)

50.8%

20.2%

4.1

%

Top three of the number of migrant stock in Thailand (UN, 2013)

Background: Migrant workers in Japan

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- The Japanese post-war economic miracle was during the 1960s to the 1980s driving a high average economic growth rate, driving a number of migrant workers to Japan.

- 1.4 million registered migrant workers in 2001 and 1.6 million in 2012.

- According to Iguchi ‘s (2012: 1055) estimate, 70% of the foreigners employed are low or semi-skilled workers.

31.4%

25.

2%

10.1%

Top three of the number of migrant stock in Japan

(UN, 2013)

Key comparison between Thailand and Japan

1 Opportunity Structure

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2. Social and

political, and

economic structures

1. Institutional

climate 2) Grievance-handing procedure (until the final decision/ order)

3) Accessibility to Labour Offices and Physical Infrastructures

4) Rules and regulations in changing the employer1) Overall labour market environment and labour market flexibility

2) Network and support mechanisms

1) Migrant-related policies & Law enforcement

Concerns are classified into (1) Opportunity Structure and (2) Agency Structure

Key comparison between Thailand and Japan

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2 Agency capability

2 Collective asset and capabilities

1 Individual asset and capabilities

1) Work permit & Employment contract

2) Education and skills

1) Organization and association in labour unions

Migrant workers’ views……. Accessibility to the voice mechanism

Thailand Japan0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

54.7%

17.3%

33.3%

61.3%

12.0%21.3%

I don't know

I know what to do, but I do not want to

88.0%

78.6%

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If there is labour rights violation/ any problem at work (ie unpaid wages)……

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• The nested structure is used to categorize choices and to help grouping the key factors, and supporting comparative analysis. The Sequential Logistic Model (SLM) is used. The same regressors are used in each level.

• Use the question: “If” there is labour rights violation/ any problem at work (ie unpaid wages) observing responses/ choices

Factors affecting Low-skilled Migrant Workers’ Decision in Accessing Voice Mechanisms

Act

Outcome

Do not know

Know

Do not act Actual accessibility

Possible factors affecting Low-skilled Migrant Workers’ Decision in Accessing Voice

Mechanisms

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Individual characteristics (Agency of the targeted group) Age (+), Sex (Male +), Main source of income(+) ,

experience bad practices/ discrimination (+)

Education (+), skills (+), ability to speak local languages (+)

Legal status (regular/ irregular) <and employment contract>(+)

Institutional characteristics (Opportunity structure)

Legal/ institutional supports framework

Labour market factor

government support (+) / Place of work (Japan +)

Network (+)

Job options availability (legal and labour market)(+) /

work sector (Service +)

Factors affecting Migrant Workers’

Decision in Accessing Grievance

Mechanisms in Migrants’

Views

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SLM step1 SLM step2Do not know=0 ; Know

=1Know, not act=0 Do not

know , not act=0B Exp(B) B Exp(B)

Intercept -5.648(2.913)***

0.004 -4.684(1.641)***

0.009

Place of work (Xsur) (work

in Japan)

3.656(1.346)***

38.715

Gov assistance (Xformals)1.676

(1.051)5.346

Network (Xnetwork)1.861

(0.853)**6.431 -1.902

(0.731)***.149

Job options availability (Xjobopt)

-1.524**(0.680)

.218 3.031(0.923)***

20.727

Work Sector (Xwsector)-2.879

(1.153)**.056

Age (Xage)-.007

(0.059)0.993

Sex (Xsex).708

(0.829)2.030 0.859

(0.752)2.361

Year of schooling (Xedu).249

(0.126)**1.283 0.363

(0.148)**1.438

Main source of income (XFam)

3.515(1.412)**

33.613

Work Sector (Xwsector)-2.879

(1.153)**.056

Work permit (Xworkps).810

(0.696)2.248

Ability to speak local language (Xspeakll)

-1.566(0.840)

.209

Working skills (Xwskill).613

(0.555)1.845

Experience bad practice (Xbddis)

-1.006(0.595)

.366

Nagelkerke R Square =

0.584; N=150Nagelkerke R Square =

0.429; N=82

Note: 1/ The variable concerning holding a proper work permit is neglected in the SLM step2. The simple crosstab indicates that all migrant workers who are taking actions are holding a proper work permit. The acceptable standard error in this study is set to be less than 2.


Factors affecting MWs to know or

not

Year of schooling + [1.3]**

Survey in Japan+ [38.7]***Job options availability –

[0.8]**

Opportu-nity

structure

Agency structur

e

Network + [6.4]**

Main source of income + [33.6]**

Work in the manufacturing sector -

[0.94]**

Note: 1/ Factors [times]2/ *** significance at 1%; ** significance at 5%, * significance at 10%

Nagelkerke R Square = 0.429N=82

Nagelkerke R Square = 0.584N=150

Factors affecting MWs to act or not

Year of schooling +[1.4]**

Holding a proper work permit [precondition for

MWs]

Network -[0.9]***

Job options availability + [20.7]***

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[times] Less than 1 = decrease Greater than 1= increase


* Factors affecting the status of know/ do not know+ Survey in Japan Entering channels to the country: predeparture training.- High Job options availability (especially during

filing a complaint) do not know about grievance mechanisms

+ More network know what to do/ who to consult - Work in the manufacturing sector working characteristics

Opportunity Structure

* Factors affecting the status of taking actions+ Job options availability (especially during filing a complaint) Limitation on laws and survivals - More network Seek other alternatives

Note on insignificant factors: government mechanisms vital and necessary but still difficult to access 17

* Factors affecting the status of know/ do not know+ Year of schooling + Main source of income

Agent Structure

* Factors affecting the status of taking actions+ Year of schooling

Holding a proper work permit [precondition for MWs]

Note on insignificant factors: Languages ability needs someone to communicate their problems.


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Conclusions and Policy Implication

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1) Regardless the level of economic development of receiving countries

- In migrant workers’ view: only a small share of low-skilled migrant workers know how to do and commit to respond to labour-related problems. [However, challenges of developing countries are law enforcements and large informal sectors.]

- In order to promote the accessibility of migrant workers not only those in developing countries but also developed countries

2) Reaffirm that government infrastructure is vital, but insufficient to ensure the actual accessibility to the voice mechanism.

3) To promote the actual accessibility to the voice mechanism Necessary and sufficient conditions


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Opportunity Structure Necessary conditions: Rights dissemination/ pre-

departure trainings/ promotion of the whole process in filing complaints and investigation (eg addressing language barriers, ensuring timely response)

Sufficient conditions: (1) Job options availability, TO ACT: in particular during the whole process of grievance handing. Those who perceive greater “job option availability” are 20.7 times likely to take action.

Change employers

period of time in searching for

jobs/ work sectors

Rules in changing employe

rs

Some recom-mendations

Develop referral

mechanisms and job

options for return MWsSelf development ( to widen job

opportunities and increase individual bargaining power)


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-> Sufficient conditions: (2) Network: TO KNOW

Those who have network are 6.4 times likely to know how to access to the voice mechanisms. BUT “How” the information goes is also important.

* Trade unions (including a form of advocacy network) play crucial roles in supporting migrant workers* ** Right information and supports ( eg witnesses/

evidences)**

Promotion of

accessibility to ICT/ Internet

Public- public

partnership

(G-NGOs/ TUs)


Encourage

participation in

(general) unions*

( Must ensure inclusive

activities)

Accessibility to information at

needs

Group formation/ collective

capabilities

Support activities

to encourage

group formation (eg training)


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(2) Network (cont)

Case studies: In Japan, the union effectively helps providing

consultations, shelters as well as supports throughout the grievance-handling process. For example, A trainees could apply for workers’ compensation and

claimed for his unpaid wages (Godoy, 2010). An official of Labor Union helped negotiation between the

employer and the interns (Foster, 2013) Three trainees could collect the evidence and escape

from the factory by a Japanese union organizer (Harney and Slodkowski, 2014).

( ** on language barriers**) In Thailand, a labour union is hosting Migrant Resource

Centre (MRC) providing consultations, and supports throughout the grievance-handling process.


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(3) Working sector: TO KNOW

- The number of migrant workers working in the manufacturing sector is 94 per cent less likely to know how to access to the compliant mechanism that those working in the service sector- Especially when they do not have an employment contract.- BUT, the number of migrant workers are determined by a

countries’ quota and labour market needs in each country.- The possible policy implication is then focusing on

dissemination and outreach activities.

Promotion of accessibility

to ICT/ Internet

Information disseminati

on

Support activities to encourage

group formation/ outreach activities



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Agency Structure Necessary conditions: TO ACT: Work permits (& employment contracts) ** Ensuring the practical accessibility to obtain a work permit (Timely, at reasonable cost, and comply to the national labour market-->Simplification, incentives, and coercion )******* Promotion of right understanding on the irregular migrants’

rights*****Sufficient conditions: TO KNOW and ACT: Year of schooling: Establishing

migrants’ schools/ learning centres (with the recognized skill/education) for basic skills/ elementary education in the countries of destination

Limitation of the study and future research

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Potentially useful research areas that were not covered in this study are listed, but not limited to, as follows: 1. Larger population to cover comparative studies e.g:

- by national/ ethnic characteristics of migrant workers

- by sectoral differences - by size of enterprises - by Rural- urban area

2. Comparative study in the Western and the Eastern working conditions3. Baseline studies& evaluation tools to observe the degrees of changes from beneficiaries’ point of view

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Thank you for your attention.

Ruttiya Bhula-or

Field of interest: Vulnerable workers, migrant workers, skills and employability, trade unions, collective bargaining,

empowerment

Email address: [email protected]

mailto:[email protected]

mailto:[email protected]

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