Labour migration to Azerbaijan

1. Labour migration to Azerbaijan Serhan Aktoprak 28 April 2011 Baku

2. Why combat irregular migration ? • to avoid exploitation of irregular migrants by employers, smugglers and traffickers • to prevent the existence of a marginalized group in society thus contributing to social cohesion and stability • to ensure that migration is “managed” and the credibility of legal immigration policies • to ensure satisfactory salary levels and working conditions for national workers and lawfully resident migrant workers, which are undermined by the employment of irregular migrants • to avoid the existence of whole sectors /businesses dependent on irregular migrant labour

3. IOM and CT activities in Azerbaijan • Information dissemination and awareness raising • Capacity building • Technical assistance • Promotion of partnerships • Direct assistance to victims and potential victims • Advocacy

4. Admission for employment • Work permit • Quota • Fee • Exceptions • Include: • Persons on duty travel not exceeding three months • Sportsmen and performers of fine arts

5. Cases of Turkish Migrants in 2010 • Recruiter & Employer • Construction • Recruiter = Employer • Subcontractor of a subcontractor … • Migrant workers • 50+ persons • Semi-qualified construction workers

6. Cases of Turkish Migrants in 2010 • Promises • work contracts between them and the employer would be concluded after their arrival in Baku based on the terms the recruiter and the workers agreed at time of interview and recruitment in Turkey; • every worker would be receiving a weekly advance payment of USD 100.- which would be deducted from their monthly salaries at time of payment of the outstanding amount at the end of each month; • work permits for them would be obtained by the employer; • the employer would pay the workers’ share of social security / medicare taxes imposed under the Turkish law; • return Turkey – Azerbaijan flight costs would be borne by the employers; • they would be provided with accommodation and food free of charge during their work.

7. Cases of Turkish Migrants in 2010 • Reality • The employer had told the migrant workers that they would receive their full month’s salary only after working for 45 days but they did not receive their salaries; • the employer had not presented any contract to them; • the employer did not obtain work permits; • the employer did not pay the workers’ share of social security / medicare taxes; • they did receive weekly advance payments but neither at the promised amount of USD 100.- nor regularly; • each worker has been provided with an A5-size document that bears the title ‘Assignment Sheet’ where the ‘Purpose of Assignment’ writes ‘teacher of new technology’ which gives an impression that the employer intended to utilize the opportunity to make use of the migrant workers’ labour without obtaining work permits for them by pretending as if the migrant workers are on a duty travel to Azerbaijan

8. Cases of Turkish Migrants in 2010 • Achievements • Partial or full payments • One case at the civil court • Challenges • Access to information regarding obligations and rights • Access to protection • Access to justice

9. Things to do • Legislation to be made clearer, more accurate and consistent, more transparent and accessible to its users • Capacity building of all stakeholders • Effective, targeted and continuous information dissemination and awareness raising campaign • Facilitation of access to information, protection and justice • Strengthening of partnerships among all stakeholders

10. saktoprak@iom.int