Legal Framework
This is an analysis of the legal and regulatory framework that shapes the recruitment process in each country. It explores whether the legal framework covers all stages of the recruitment process, whether it applies to all workers, and whether there are mechanisms for stakeholders to input into the formation and review of legislation. It also identifies gaps in legislation that could leave workers vulnerable.
International conventions (2.1)
The ILO General Principles and Operational Guidelines on Fair Recruitment (ILO GPOG) recommend that states “consider ratifying and applying the relevant international instruments” (Guideline 1.2).
This indicator details which core UN and ILO conventions governments have ratified and the extent to which they engage with their attendant processes and mechanisms.
Application to different recruitment phases (2.2)
ILO GPOG Guideline 4.1 expects legislation to cover “all stages of the recruitment process, and of concerned parties, including in relation to advertisements, information dissemination, selection, transport, placement into employment and … return to the country of origin”.
The indicator provides an overview of the main legislative instruments in each country, and whether they include appropriate detail and specificity on all stages of the recruitment process.
Application to all workers (2.3)
ILO GPOG Guideline 4 expects that legislation and regulation on fair recruitment applies to “all workers, especially those in a vulnerable situation.”
Certain groups of workers, for example domestic workers, agriculture workers or seafarers, are often excluded from labour laws or governed under separate regulatory regimes that provide them with lower levels of protections. Undocumented workers may also be excluded from protective legislation in both origin and destination states.
This indicator examines the scope of fair recruitment legislation.
Worker organization input (2.4)
ILO GPOG Guideline 3.1 expects states to involve workers in the formulation of their legal framework.
This indicator examines whether worker organizations are able to make meaningful contributions to relevant legislation, for example through public consultation processes or parliamentary reviews.
Recruiter and employer organization input (2.5)
ILO GPOG Guideline 3.1 expects states to involve recruiter and employer organizations in the formulation of their legal framework.
This indicator examines whether recruitment agencies and employers are able to make meaningful contributions to relevant legislation, for example through public consultation processes or parliamentary reviews.
