ABSTRACT
The chapter examines discriminatory legislation and practices in wages and working conditions that result in costs for low-skilled and temporary migrant workers. The most significant costs are monetary losses due to unequal wages with national workers and misinformation in terms of actual salary, as well as losses due to excessive working hours or unremunerated injuries and sickness. The laws and practices causing these losses to migrant workers contravene international human rights and labour laws. The principle of equal treatment in wages and working conditions as it is enshrined in international human rights and international labour law provides that migrant workers are entitled to enjoy the right to equal treatment with nationals in the state where they work. The right to just and favourable conditions of work addresses, among other factors, the right to fair wages and equal remuneration for work of equal value without distinction of any kind, safe and healthy working conditions and rest, leisure and reasonable limitations of working hours. These rights apply to ‘all workers in all settings’, including workers in the informal sector, migrant workers, workers from ethnic and other minorities, domestic workers and refugee workers. Systematic discrimination against migrant workers, in law and/or practice, enables exploitation of these workers and violates their rights. To eradicate discrimination based on nationality, labour law needs to be enforced based on the principle of equal treatment, including through vigorous monitoring of terms and conditions of employment in sectors with a high concentration of low-skilled and temporary migrant workers.
