Protecting and Organising Migrant Workers

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Conference
2006 National Delegate Conference
Date
23 February 2006
Decision
Carried

Conference notes the growing importance of migrant workers to the United Kingdom (UK) economy. Employers are increasingly dependent on migrant labour to fill professional and skilled vacancies due to a shortage of UK candidates with the required experience or skills. Without these workers, a number of sectors would suffer, particularly health and childcare.

Conference therefore welcomes the government’s recognition that migrant workers are an essential part of the UK economy. We also applaud the Scottish Executive’s Fresh Talent Initiative which aims to promote immigration by refining and developing initiatives to attract and support new migrants to Scotland.

Conference also notes, however, recent government proposals contained within the Making Migration Work for Britain consultation that would lead to differential treatment between tier 2 and tier 3 workers with the latter not being permitted to have dependents with them. This is a ‘guest worker’ scheme that is offensive and violates their right to have a family life.

Recent TUC research has shown that migrant workers in the UK, including those with the right to work here, are subject to levels of exploitation and control that meet the international legal definition of forced labour. Migrant workers are often unable to enforce their rights because of the power their employers have over them. For example, workers here on a work permit can be deported if they lose their job or employers may hold on to their workers’ passports.

Conference believes migrant workers should benefit from the same legal rights that apply to every other worker in the UK.

A lack of assistance and support for migrant workers means that many are struggling to find legal employment. This in turn forces many to become unregulated workers. Employers and Agencies that break the law are rarely prosecuted, or even inspected by the authorities; in fact some employers use the threat of the immigration authorities against migrant workers. Greater enforcement measures are required to stop those who break the rules and supply workers to the informal economy.

Conference believes trade unions have a major role to play in both standing up for the rights of migrant workers and in performing an organising role. Many migrant workers come to the UK with little or no knowledge of UK employment law and unscrupulous individuals or agencies seek to prey on such people. Unions can give these workers protection and advice to ease the process of adapting to living in a new country.

Conference notes that UNISON in Scotland has been at the forefront of opposing racism for the past year, having produced a booklet, ‘Asylum Myths’ which as well as being circulated to branches, was distributed at two multicultural festivals in Scotland during last year. As part of the strategy, UNISON Scotland set up a Refugee Learning Project, funded by the Home Office, which gave refugees work experience in health, social care and related fields supported and mentored by UNISON stewards. At the end of the first year, the project was given a five-star ‘beacon’ rating by the Home Office and has secured a year’s extension of its funding so that it can be rolled out to other trade unions across the UK.

UNISON Scotland also has a very active Overseas Nurses Network which gives support to migrant health workers in Scotland.

Conference therefore calls upon the National Executive Council to work with Labour Link and the Trades Union Congress, Scottish Trades Union Congress, Wales Trades Union Congress and Irish Congress of Trade Unions (Northern Ireland) to:

1)challenge the government at every available opportunity to shift the debate

around migration to a focus on increasing the employment rights of migrant workers rather than restricting their ability to work in the UK. This includes respect for human rights regardless of status and skill level;

2)call on the government to ensure that effective enforcement is in place

to clamp down on rogue operators who flout regulations and supply

migrant workers to the informal economy;

3)support a program of ratification of International Labour Organisation Convention 143 and United Nations Convention 1990 on the protection of the rights of all migrant workers and their families regardless of status;

4)call on the government to place more emphasis on cracking down on

employers who break employment law, and give employees more rights

to report abuse;

5)build upon the good practice already evident in UNISON Scotland

and elsewhere to engage with migrant workers and recruit them into

the union.