NationStates | Dispatch | URA Recommendation: Vote AGAINST "Convention on Guest Workers"

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by Scalizagasti. 2 years 327 days ago. 171 reads.

URA Recommendation: Vote AGAINST "Convention on Guest Workers"

URA World Assembly Recommendation

Convention on Guest Workers

The World Assembly,

Noticing that individuals regularly seek work outside of their home nation for one reason or another,

Recognizing that this august body has not yet imposed a comprehensive set of regulations which their employers and member states must follow,

Hereby:

Defines “guest worker” as an employee who temporarily works in a country other than that of the nation in which that person is a citizen.
Requires that employers in World Assembly member states pay guest workers the same wages as their domestic counterparts for the same responsibilities, performance, and title.
Further mandates that employers in World Assembly member states not discriminate against domestic workers or guest workers in hiring or retention practices due to their status as such.
Requires that employers in member states assist in the provision of a minimum standard of living providing basic necessities for newly arrived guest workers.
Instructs employers and member states to make provision for guest workers to receive social services and healthcare while fulfilling the terms of their contract and that guest workers make the mandatory number of contributions into social services or healthcare services required by the member state they work in for them and, if applicable, their dependents to be able to access aforementioned services.
Orders employers or World Assembly member states to not enforce immigration provisions on guest workers, provided they continue to fulfill the terms of their contract.
1. Decrees that member nations may not cancel an employee’s visa and employers may not terminate a guest worker’s contract, in the event that the guest worker is involved in legal action undertaken in the state in which they work and the legal action to be undertaken is to take place after the expiry of a guest worker’s work permit.
2. If the legal action involving the guest worker is of a civil nature, the member nation must either provide for the guest worker to stay in their host nation until the civil action or the guest worker may leave the member nation on the condition that the member state respect to their right to reenter their jurisdiction for the purpose of participating in said aforementioned civil action.
3. If the legal action involving the guest worker is of a criminal nature, the state may enforce any provisions it sees fit regarding the detaining or remand of criminal defendants.
Directs member states make provision for the ability of guest workers to report violations of their rights similar to provisions extant in World Assembly law and further requires that member states or employers not retaliate, either in withholding wages, documentation such as a work permit, or agreed upon goods or services as a result of a report by a guest worker that their employer has violated their rights.
Declares that nothing in this resolution requires a member state to operate a guest worker program or constitutes a right to migrate for work.

This General Assembly resolution was written by Hulldom (also known as Boston Castle) to improve the rights of temporary foreign workers. You can find the drafting thread on the forums here.

The United Regions Alliance recommends that you vote AGAINST the resolution

This resolution includes numerous provisions to improve the treatment of guest workers, defined as "an employee who temporarily works in a country other than that of the nation in which that person is a citizen." This includes wage equality, ending hiring discrimination against guest workers, ensuring a minimum standard of living (including shelter and public services), and more. This resolution targets issues unique to guest workers; for instance, migrant workers are often unwilling to report abuse in the workplace for fear of retaliation by their employer, a practice this resolution seeks to eliminate. While many parts of the resolution are well-written and relevant, other provisions are more questionable. The definition of guest worker does not define "temporarily," meaning the status of long-term expat workers is uncertain. Article 5 of this resolution is also problematic, as states who may not have welfare programs like healthcare for their own citizens would be mandated to provide such services to foreign workers, creating an inequality. Lastly, wage equality could potentially be avoided by malevolent employers by considering other (sometimes unquantifiable) factors like experience, work ethics, communication skills, etc. For these reasons, the United Regions Alliance believes this resolution is not to the highest standard and therefore will not support "Convention on Guest Workers."

The following comments were given on the Link URA Discord server:

Lands End voting member TESDAI wrote,

TESDAI wrote:

I take issue with

Further mandates that employers in World Assembly member states not discriminate against domestic workers or guest workers in hiring or retention practices due to their status as such.

As this would mean a nation could not hire domestic workers over guest workers due to that reasoning, despite the fact that the domestic worker lives, pays taxes, cycles the economy, and is a resident of that nation. I feel that that is perfectly good reasoning to hire one person over another.

I also take some issue with

Requires that employers in World Assembly member states pay guest workers the same wages as their domestic counterparts for the same responsibilities, performance, and title.

While the sentiment is good, it’s practically unenforceable due to the fact that it is almost impossible for two workers to have the exact same experience, duties, work ethic, etc that goes into determining pay.

I can not speak on other nations’ behalf but

Instructs employers and member states to make provision for guest workers to receive social services and healthcare while fulfilling the terms of their contract and that guest workers make the mandatory number of contributions into social services or healthcare services required by the member state they work in for them and, if applicable, their dependents to be able to access aforementioned services.

Is also not exactly reasonable when in many nations where healthcare and social services are not even given to domestic workers, it would not make sense that guest workers would receive these benefits. (This doesn’t mirror my own ideals, simply that this provision may give extra benefits to guest workers over domestic).

Niamark resident Oi Barbaroi wrote,

Oi Barbaroi wrote:

With this proposal, who wouldn't want to be a "guest worker"? Some of what TES already mentioned, you get to work, not pay taxes on your income, AND the host state takes care of or helps with living and healthcare.

The other thing is, how long is temporary, especially when "retention" is mentioned in the proposal? How long is not temporary? Otherwise, as long as someone finds a way to keep guest worker status, they can live off of tax money without contributing anything.

I also question the legal protections for guest workers. If a guest worker is accused of something, the state has to make sure they're covered? Again, very easy to abuse.

We're all equal as human beings, but yet this proposal finds a way to put some over others it seems.

The Great Experiment resident Pekares wrote,

Pekares wrote:

The WA shouldn't deal with workforce legislation.

To which URA Overseer of the Assembly Scalizagasti replied,

Scalizagasti wrote:

A guest worker also lives (at least temporarily), pays taxes, cycles the economy through buying goods and services. If you're an expat working for an international firm, you could be living in that foreign country for a few years. I'm not sure what makes guest workers different from domestic workers in that regard.

That's a fair assessment, it probably isn't specific enough to be enforceable in all circumstances. However it likely would prevent some of the worst/most extreme abuses (for instance, a guest worker being paid half of what a domestic co-worker is paid).

I completely agree with you there. While this resolution should make sure that guest workers get public services comparable to domestic workers assuming they pay their fair share first, requiring they have access to healthcare if domestic citizens do not also have that healthcare doesn't make sense.

Who said they don't pay taxes? Why wouldn't a government tax guest workers?

The imprecision of the term "temporary" is a good point. For instance if you work for a multinational company who sends you to a foreign country for a few years. Would you still be considered a guest worker? However, like I mentioned earlier, they would still provide revenue for the government directly through an income tax and indirectly through sales tax and business/corporate tax.

I also question the legal protections for guest workers. If a guest worker is accused of something, the state has to make sure they're covered? Again, very easy to abuse.

The resolution doesn't say anything about providing legal aid, only that in civil cases "the member nation must either provide for the guest worker to stay in their host nation until the civil action or the guest worker may leave the member nation on the condition that the member state respect to their right to reenter their jurisdiction for the purpose of participating in said aforementioned civil action." This gives states an option to not provide extended access as long as the worker can return in the future for the sole purpose of legal action, which is perfectly fair in my opinion.

The WA shouldn't deal with workforce legislation.

I disagree.

Overall, the resolution has good intentions and is generally well-done. However I agree with TESDAI that the issues of payment and mandating access to social services are problems that the resolution faces, especially since the ideal goal is equality and not superiority. And Oi Barbaroi makes another good point about the imprecision of the term "temporary."

Internal voting results

Turnout: 13/28 members
Weighted turnout: 80.18%

This document was authored by Scalizagasti on behalf of the United Regions Alliance. Please do not reproduce it without permission.

Scalizagasti

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