Fair Recruitment of Migrant Workers in Sri Lanka: A Legal Gap Analysis

Abstract

This report analyses and discusses the legal and policy issues surrounding recruitment practices for foreign employment that Sri Lankan migrant workers face. For this study, the team has selected issues relevant to three International Labour Organisation (ILO) General Principles on Fair Recruitment Practices. The report consists of four chapters. The first chapter will provide a detailed description of internationally recognised fair recruitment practices collated by the ILO, named the ILO General Principles. The chapter will also discuss the Sri Lankan legal framework relating to foreign employment, the country’s institutional structure, and the extent to which it conforms with ILO General Principles. The second chapter will discuss legal and policy issues surrounding ILO General Principle 7 on the charging of recruitment fees in Sri Lanka, followed by possible solutions to the issues. The third chapter will discuss, in detail, issues related to dispute resolution that migrant workers face, and these issues will be discussed in light of ILO General Principle 13. The final chapter will identify the issues surrounding poor labour standards, violation of human rights of migrant workers, and possible solutions to these issues including how bilateral agreements between the origin country and destination country can improve the situation.