The phenomenon of migrant labor is a global reality that spans generations and borders, as millions of people move in search of better job opportunities or to escape conflict and poverty in their home countries. With the increasing rate of labor migration, reliance on them as a workforce is growing in vital sectors. Despite their significant economic and social contributions to host countries, migrant workers are often marginalized and denied their basic rights.
What are the rights of migrant workers?
Islam has provided a comprehensive system for the protection of human rights in general, and the rights of workers in particular, based on principles of justice, equality, and mercy. This system establishes ethical and legal values that enhance human dignity and prevent exploitation or violation of their rights. The rights of workers include a range of fundamental rights that they should enjoy as individuals and workers, regardless of their legal status or nationality. Some of these rights include:
1. The Right to Work
The right to work is one of the basic rights that every migrant worker should enjoy, which includes providing legal job opportunities that match the workers’ skills and allow them to earn a living with dignity. This right ensures that jobs are available according to qualifications and abilities, free from exploitation in tasks that require strenuous effort without fair compensation. It also includes the obligation not to deny migrant workers work opportunities due to their nationality or legal status.
Islam emphasizes the importance of work even in the most difficult circumstances, as work is part of humanity’s purpose in life. The Prophet ﷺ said: "If the Final Hour comes while you have a shoot of a plant in your hands and it is possible to plant it before the Hour comes, you should plant it." (Sahih Muslim)
2. Fair Wages
Fair wages mean that the migrant worker should receive compensation that corresponds to the nature of the work being performed, taking into consideration the working hours and effort expended. Wages should be paid on time without delay or unjust deductions. Wages are the reason many migrants seek work abroad, aiming to improve their living standards and support their families in their home countries. International laws emphasize the need for wage equality between local and migrant workers.
Islam obliges employers to agree on wages transparently and in advance, ensuring that the worker does not feel any injustice or ambiguity. Justice in wages is also emphasized in ensuring the wage matches the nature of the work and effort exerted. The Prophet ﷺ said: "Give the hireling his wages before his sweat dries" (Sunan Ibn Majah). He also said: "(Allah (SWT) says:) “I am the opponent of three on the Day of Resurrection, and if I am someone's opponent I will defeat him: A man who makes promises in My Name, then proves treacherous; a man who sells a free man and consumes his price; and a man who hires a worker, makes use to him, then does not give him his wages.”" (Sahih al-Bukhari).
3. The Right to Humane Working Conditions
This right requires providing a work environment free from hazards that could lead to injuries or health damage. It involves providing safety equipment and proper training to workers on handling tools or dangerous conditions. The working hours should be reasonable, with daily and weekly breaks to ensure a balance between work and personal life.
Islam places great importance on treating workers with kindness and respecting their humanity and dignity. The Prophet ﷺ said: "Allah has put your brothers under your authority. If someone has his brother under his authority, he should feed him from what he eats and clothe him from what he wears and not burden him with what will be too much for him. If he burdens him with what will be too much for him, he should help him." (Sahih al-Bukhari).
4. The Right to Equality
Equality means that migrant workers should enjoy the same rights and opportunities as local workers. They should not be discriminated against due to their origins, beliefs, or gender. In fact, discrimination is one of the biggest challenges faced by migrant workers, as it is often used as a justification for exploiting them and restricting their rights.
The Prophet ﷺ said: "There is no superiority of an Arab over a non-Arab, nor of a non-Arab over an Arab, nor of a white person over a black, nor of a black person over a white, except by piety." (Sahih Muslim)
5. The Right to Legal Protection
Migrant workers have the right to access legal channels if they are subjected to any violations or unjust treatment. This includes providing lawyers or legal advisers to offer the necessary support and ensuring that legal proceedings are available and understandable to them. Legal protection represents a safeguard that preserves workers' rights from exploitation or mistreatment.
The Prophet (ﷺ) said, "He who has done a wrong affecting his brother's honour or anything else, let him ask his forgiveness today before the time (i.e., the Day of Resurrection) when he will have neither a dinar nor a dirham. If he has done some good deeds, a portion equal to his wrong doings will be subtracted from them; but if he has no good deeds, he will be burdened with the evil deeds of the one he had wronged in the same proportion". (Sahih al-Bukhari).
6. The Right to Social Security
Migrant workers need to have access to health insurance that covers medical costs and emergency care or chronic illnesses. They should also be entitled to paid sick leave and a pension system that guarantees them a decent income once they retire from work.
All these rights represent the minimum dignity that should be granted to migrant workers, and countries and societies must adhere to the values of justice and human equality. The differentiation between people is only based on piety and good deeds, as Allah says: "Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded." (Surah An-Nahl: 90).
International Laws Role in Protecting Migrant Workers
1. ILO Convention No. 97 (1949):
One of the earliest international efforts to protect migrant workers' rights, focusing on ensuring equal treatment for migrant and local workers in wages, working conditions, and social rights. It also regulates migration procedures to protect workers from fraud or exploitation by intermediaries.
2. ILO Convention No. 143 (1975):
This convention advanced the protection of migrant workers by addressing challenges not covered in the previous one. It aimed to combat exploitation, especially of undocumented migrant workers, by tightening oversight on employers. It also protected the basic rights of irregular migrants, such as physical safety and humane treatment, and promoted their integration into host societies through fair job opportunities and cultural adaptation programs.
3. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990):
This convention is the most comprehensive among international laws on migrant labor, recognizing the rights of migrant workers regardless of their legal status. It outlines diverse rights, including fundamental, economic, social, and family rights, along with the right to movement and participation.
Despite the comprehensiveness of these conventions, their implementation faces significant challenges. Many host countries have not ratified the 1990 convention, limiting its effectiveness. Some countries also lack effective mechanisms to monitor violations and ensure compliance with the laws. Successful implementation depends on coordination between sending and receiving countries to regulate labor migration in a legal and safe manner.
Organizations like the International Labour Organization (ILO) support governments in applying these laws through technical assistance, training officials, and raising awareness among workers and employers. International laws emphasize that protecting migrant workers is not just a legal matter but a part of the global commitment to human dignity and equality.
