Temporary labour migration: Exploitation, tool of development, or both?

Economies around the world have long relied on temporary labour migration programs.1 For years and years, migrants have crossed borders to access labour markets more promising than those in their countries of origin. Moreover, we have recently witnessed increases in opportunities for temporary labour migrants: for example, between 2003 and 2007, the number of temporary foreign migrants labouring in OECD countries rose by 7% per year.2 These programs are increasingly celebrated as a solution to domestic economies facing acute labour shortages as well as for their contribution to development assistance. However, the apparent benefits associated with temporary labour migration opportunities are frequently accompanied by harms, which may dampen our enthusiasm for them in some cases. The essays contributed to this issue suggest that we have good reason to worry about the implementation of temporary labour migration programs; yet, the contributors do not suggest abandoning them entirely, as much as they make a case for thinking hard about how to reform them in ways that will mitigate the harms they have been known to cause. Our goal in this introductory article is to offer an analytic framework through which to consider the case studies that follow, and the criticisms of temporary labour migration programs within them, in more depth. Our lens of analysis is exploitation. Temporary labour programs are regularly described as exploitative, and as our newspapers often report, migrants who participate in these programs are frequently the victims of considerable abuse at the hands of their employers and those who run recruitment programs on their behalf. As a result, many commentators – including some of the authors assembled here – believe that guest worker programs that target low-skilled workers in particular are exploitative. The jobs filled by temporary work programs are frequently at least one of ‘dirty, dangerous, and demanding’, and in some cases all three, as a result of which local workers are often unwilling to carry them out.3 Migrants are often motivated to take these ‘undesirable’ jobs because the living conditions in their home country make them the best, and sometimes the only, way to provide the means necessary to realize the goals they have set for themselves. As a result, some scholars suggest that these programs are unavoidably exploitative. As readers shall see, the scholars who have contributed to this issue disagree with respect to the source of morally problematic exploitation connected with temporary labour migration programs. As we see it, there are four possible sources of exploitation, three of which are related to the contracts that guest workers sign: (1) the vulnerability of the migrants themselves; (2) the failure of employers to abide by contractual obligations, along with the state's inability or unwillingness to protect migrant workers from contract violations; (3) the inclusion of unjust conditions in the contracts themselves; and (4) in particular, the stipulation that bars (most) migrants from transferring their status from ‘temporary’ to ‘permanent.’ In what follows, we will elaborate each of these types of exploitation, and assess how they apply to the case studies that follow. Where they are offered, we will outline the justifications proffered in defence of permitting the exploitation to continue; as we shall see, the rights of guest workers are sometimes sacrificed (in some cases, with the consent of the guest workers themselves) to achieve a range of benefits, including the global redistribution of wealth (in the form of remittances), the protection of domestic economies, and so on. In conclusion, we will offer an assessment of the relative merits of these justifications, and we will delineate in broad strokes the conditions for maximally just temporary work programs. Let us begin, first, by offering an account of guest worker programs. In general, temporary labour migration programs invite foreign nationals to work, temporarily, in an industry – either high- or low-skilled – that is experiencing labour shortages. In most countries with guest worker programs, employers must demonstrate that they have attempted to recruit citizens to hold these jobs, but that no citizens were available to do so. The contracts that are then offered to foreign nationals are typically short-term (ranging from several months to a few years), and generally carry with them a range of restrictions: employees must return to their home country when their contract is completed; they are beholden to an employer, and are not permitted to seek employment elsewhere; they are not permitted to have their families accompany them; they cannot access citizenship in the country in which they work,4 and so on. Exceptions are sometimes made with respect to this latter requirement; in particular, high-skilled workers are sometimes recruited with the promise that they will be able to qualify for citizenship status. In general, the restrictions imposed on guest workers are intended to prevent them from integrating into the larger society, and so to ensure that they desire to, and will, return to their home countries when their contract is completed. At least historically, of temporary migrants have frequently ways – and – to in the country some of our contributors that this is As readers shall see the of this temporary labour migration programs in the conditions they on some programs, the for citizens of are not as guest worker programs. The that to these programs is that they are migrants on temporary which provide them with temporary access to the benefits of living in these of are as we shall As we in our the contributors to this issue temporary labour migration programs of exploitative, along a of The the of the issue those and with the of exploitation. For some exploitation is by the of in an For exploitation is by to the suggest that often the as For some exploitation is by for is possible for to consent to their exploitation. Moreover, as many have the of exploitation is not to either by the or some is may be that the of in is than the by the exploitation As of exploitation not the way in which these be Our in this is to outline the ways in which these programs have been of exploitative, and to invite readers to assess along with us these conditions are exploitative, or and we be to these of exploitation, or as a result of the they to exploitation as our analytic lens will us to assess exploitation be in the of temporary foreign worker programs; there is a of exploitation not be the benefits by temporary labour and there in exploitation that be to temporary labour migration programs be by the these programs are to The vulnerability of to the source of exploitation is in the vulnerability of those who are to labour in temporary Migrants are because they have few available to them, and are into the that guest work work is because that the from which guest workers are to their in a way that they will be into to unjust contractual to the exploitation of guest workers from the unwillingness or inability of countries to protect them from of the contract they have this guest workers contracts which to be but which are often and as a result of their of their rights as workers in the as well as their of their contract to the conditions that typically guest worker as we described are frequently the source of exploitation. source of exploitation is connected to a contractual that temporary workers are not permitted to their status to they are to the country on the of their workers are to a to that guest workers are to do the work and to labour conditions – conditions that are for local workers – and the society, these will not to those workers their contracts have to As we shall see, guest worker programs are from the exploitation by by development who to the benefits of these opportunities for citizens of by countries to the benefits to their domestic economies, and by who believe that guest work programs form of a Let us to the of exploitation, and the to worry is that the conditions which most guest work – citizens from to work – are that the contract is exploitative. workers are typically and have few good as a result of which they are into in these programs. be to as a result, that low-skilled temporary workers are to exploitation of the described in this but in high- and low-skilled from countries in which living conditions may not the of goals these goals take a form for high- and low-skilled In this is is not by those who the contractual that guest workers and their employers as on the that they are from of In for a to be exploitative, the must be and the must be in the to provide the must take of the by in guest workers typically have a range of available – the most of which is to participate in temporary labour migration programs, or not – we must them as in ways we may are and be as As a result, guest workers are not what we by exploitation is that the from which guest workers are to them of some from that that the that are the of temporary labour migrants are in the least but are countries and the some may be to guest workers as guest work from of and as they may be a of As they have than the country and their they have and that them do not to that guest work frequently this that the economies of some countries offer more than those of and that in some cases workers are to to access these The that global conditions this are that some on guest work is not to guest work programs as exploitative. from development who to the benefits of guest work for guest who are frequently able to considerable wealth as a result of the work to which they have and for the to which these migrants The home by migrant workers often considerable benefits to have been celebrated as an in the development of those who into with that to for an account of these between and the and for an account of in authors have by of to and development in that For example, a that and to that will the than families who the remittances), and to their in of this the is and from the or are the will of the necessary to the all of our contributors are with the analysis that development offer to temporary work programs. As this which temporary labour migration in of the benefits that to and to consider the of the migrants themselves; not the from temporary labour opportunities provide some of to them with as the around temporary labour from one that on contribution to development in and to one that on the and that temporary labour migration opportunities and the benefits of guest work must be the associated with which are increasingly of the in this issue to these which of which have on who are by one of work in to work opportunities for their labouring they cannot access migration and so These are typically by in who provide the for guest work programs that target low-skilled The by who high-skilled workers – and so on – are sometimes to be we have particular on the to of their and to opportunities in to recruit these workers are for the ways in which they which the of and who then in of to the of in we consider the set of that from the contractual conditions that typically guest For us take for that these contractual conditions are these contractual conditions are not and we frequently of the abuse to which guest workers are at the hands of The migrants who in the from to which citizens short-term contracts to labour in the were the victims of just In a of the The with the that many employers than the or their in The were and and these the of exploitation by many recently to in – a of of the of the contract with through the and contribution for an account of this and these to more of of guest workers in the abuse of guest workers is often guest workers are for this as a result of (1) their they often labour in from in which they seek which is by the that they on their of their employers their (2) their of with the to which they are and the rights they (3) the inability or the unwillingness of to work that guest or to employers who these and (4) their of their or of not they about their work they for their to an that they this abuse that they are not as as they that the abuse to 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workers cannot with their in particular, that they cannot access a of rights to which citizens of the country are These rights – which range from access to more than to to to – are often to temporary on the that they migrant workers are to to these programs, through and and when they are then access to these that temporary workers are the victims of we have to temporary workers from the that they to these programs, so that they the they have than be to the programs to which they are migrants be rights in is a of who offer justifications for these restrictions to what been the to which we to see an between the number of guest workers to labour in a and the rights to which they are are who for of guest and who the rights restrictions to which they are development who believe that the redistribution of wealth as a result of temporary work is and local who to foreign workers who are to work for in the rights to guest the will be and the redistribution of wealth will be local employers worry that the of rights to guest workers will make more to The of guest worker rights more generally with domestic who are about the of of the restrictions are to the of guest in the of that access to guest workers is to a range of benefits in the domestic The rights is to ensure that temporary migrants do not into the larger the that one of of is their into the the for we make more that temporary labour migrants will to than on or to their status to The is one that we see with respect to all temporary labour is one that we to see with respect to low-skilled migrants than high-skilled do high-skilled workers have more labour available to them in their countries of as we they often have access to in the society, and the rights that along with to as a result of the restrictions to which they are they are not in the way as are low-skilled may that the by high-skilled migration are in a and than are those by low-skilled The contractual conditions offered to high- and low-skilled workers typically These are by first, the of each of these types of workers is not there to be a of low-skilled citizens in countries who are to as of temporary labour migration there are high-skilled workers available to high-skilled workers are to in those the for low-skilled workers to on The to for high-skilled by offering them contract to the between the contracts offered to high- and low-skilled low-skilled workers are often to a employer, many high-skilled workers are not in this for example, as high-skilled workers in the apply for work to of a As high-skilled workers in are often permitted to with their low-skilled workers are generally not permitted to do so. 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the of and this country to work hard and in the to that is and that there are no to and them to that is to their and their These from all and The that many workers and employers desire their employment to be and we that migration is in the of on our analysis of the exploitation as guest workers is guest work programs are to be exploitative, the promise of a at the of what some believe to be an to mitigate this As we shall in the of the the of not in from and citizenship is to have for temporary workers and may be to citizens and temporary workers may be more in the rights to which they are temporary the of may at to the of guest work, may be that the conditions which guest work is (in ways that the of this Moreover, access to citizenship may temporary workers to participate in the and they with a to the conditions of temporary work the as is by the of work in which low-skilled workers in have been The that high-skilled workers are to be to to including restrictions on they is the case for low-skilled workers in and and on they with their families as is not permitted for low-skilled migrants in many how frequently the rights to which temporary workers are are to domestic However, the to the of high- and low-skilled in to the for these workers in a domestic an and between high- and low-skilled their vulnerability to domestic in which they do not have a as is the case for some high-skilled they are the to have a in the In the low-skilled high-skilled workers will be access to the they are In the at issue with respect to high- and low-skilled workers is the will these workers the of the the conditions of access to labour markets are for high-skilled guest and the conditions imposed on them are to the to on or not their are in to of labour migrants as and the ways in which these conditions their at least from the of the of high- and low-skilled migrants is in cases, their is on in high- and low-skilled workers are to a set of which they must in to in the As for the case of the in the high-skilled workers a work for one which then be for three years, which they are permitted to apply for in the of citizenship that the in to to to which citizens are to demonstrate and offering of and they are good citizens and in the will the the to them – a many low-skilled workers as in the cases of and we elaborate In of these the case that high-skilled workers typically have access to citizenship than do low-skilled the case studies that that low-skilled workers the to which they are in their inability to access as As the who form the of the contributed by and by and report, there is a on the of migrants to and who that they have to the conditions of their contracts and work and that they have the but who are for the they have made to the guest workers are to to be or are to conditions in to be to For example, in the the are permitted to apply for and to do they are to the citizenship of their country of and to demonstrate of and as a result, not many are able to as 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by of citizenship and the of more as the of all and to of temporary workers from in with that may to some as and as and a access to for those as temporary workers is through their in some cases, the offered access to citizenship to and foreign worker who in the and to their few have so and the of this and have been to migrants who an with the not the all three countries may be described as to citizenship is to access to citizenship in and the to labour in as guest they are to return to because they are to be to demonstrate the of the of the and For these temporary workers to and in to protect the of in the case of the in the case of and recently and in the case of this to the programs in and the all of which have programs that to temporary migrants of at least some As temporary workers who the apply for years of work in relied on temporary work programs as an of larger As we have the is of the to high-skilled workers with the promise of access to In and the temporary workers and their status is a of the account of but this account for migration migrant As than on as do the programs in and the citizenship is a one that of the and as of In these cases, this the of temporary migrants to of or the by offering the of as an analytic lens through which to guest worker programs; the is we in the along which guest workers are by as we may be some in the of exploitation to the with which our authors are The of the is that we to about the of or exploitation, the of the in guest worker programs as they For example, there are in the to the contracts that guest workers in of the from which they are to the contracts are often we may have reason to them at the of the they or The that migrants to in of are and must be as as in their As of we are morally in not the rights of guest workers who within our in but in the more rights to which they are as contributors to our the that we do not this we are As and as and we are increasingly by migrants who are us to, at carry our of the as this the rights of guest workers they on our way of a conclusion, we to that we take the of by the temporary migrants in and in who believe they are by their from the countries that them, and to suggest that just temporary labour migration programs from temporary to status as we may not be the case that to guest workers the harms imposed by unjust contractual and of not all of exploitation will be by rights this of good in many ways mitigate in our a morally between the to from guest work opportunities – redistribution of wealth in the form of and to domestic facing acute labour shortages – and the harms on guest workers their Our that we the ‘temporary’ of temporary labour migration programs; the of is not on our is the labour restrictions imposed on migrants who on the that to be The benefits of this are workers are to a country in to acute labour and are to labour in these for a considerable of of have to in a of the of these migrants be to an or an and in particular the workers who be are and from we will see considerable wealth redistribution as a result of this that a to the that be as a result of temporary labour migration programs that do not provide opportunities to to status. to this we more consider the of temporary migration as a solution to global wealth is a to the rights restrictions imposed on temporary labour in for the benefits that these restrictions will we do not believe that this – – is for three at least for the that that we are to make a between global benefits and rights restrictions is not will more to that we are into this as well as the benefits of the rights restrictions in of benefits, this will to be we do not the with respect to high-skilled migrants that is not an of guest we are of that a in temporary labour migrants will have a on of in the form of by migrants to their home that the of to home countries as migrants their to the country from the this be to suggest from a we to ensure that our migrants so that their with their home However, temporary migrants are in the in to labour and not from with global wealth countries will migrants to carry these jobs so long as they to so long as they to In our these migrants be to an industry or an as a of their is that are for an of we be able to this the redistribution of wealth by a of migrants to The that on temporary labour migration to labour shortages as is experiencing and have no reason to believe that the countries have to migrants from who are to labour in dangerous, and jobs, are to we are of that of who have access to the range of temporary labour migrants do will the and in ways that are morally The the of on these in particular in the the is the that the of is In we do not have the to our – for access to and then to migrants who are to labour in a experiencing labour shortages – we believe the case studies that the of this solution

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