Article 5 Measures to Safeguard Various Rights
verifying labor contracts in migrant workers’ home countries. 63 However,
inconsistencies in the contents of labor contracts verified by the home country,
the wage affidavit, and the labor contract renegotiated by the employer lead
to unclear protections for migrant workers. This issue cannot be addressed
solely by relying on contract verification mechanisms in the workers’
home countries. The government should employ strategies to simplify the
administrative process for hiring migrant workers, thereby reducing the
involvement of brokers.
E. Right to freedom of movement and residency within the country
52. Article 33 of the Regulations on the Permission and Administration of the
Employment of Foreign Workers stipulates that the employer is responsible
for arranging accommodations for the migrant workers they hire, not the
private employment agency. If the employer delegates life/care services
to a private employment agency, the associated costs should be borne by
the employer and cannot be passed onto the migrant worker. An employer
cannot charge a migrant worker for accommodations if they choose to rent
their own accommodations outside of what the employer has arranged. A
violation would be a breach of Article 57, Subparagraph 9 of the Employment
Service Act .64 However, civil society organizations have observed that some
employment agencies insist on having migrant workers live in agency-
provided dormitories. In cases where migrant workers choose to rent their
own accommodations, they are still required to pay for both the dormitory
and their outside accommodations. Those who refuse this arrangement run
the risk of being sent back home.65 Some migrant workers interviewed for
63
64
65
According to the MOL’s written reply dated January 13, 2023.
According to the MOL’s written reply dated January 13, 2023.
Summary of NHRC discussion with civil society organizations held on November 3, 2022.
39