[PASSED] Convention on Guest Workers

[Goobergunchia]

Not so bold, not so fresh, not so exciting! It’s Hulldom/Boston Castle writing an original proposal!

Convention on Guest Workers

Category: Regulation | Area of Effect: Labour Rights

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:

1. 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.
   
2. 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.
   
3. 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.
   
4. Requires that employers in member states assist in the provision of a minimum standard of living providing basic necessities for newly arrived guest workers.
   
5. 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.
   
6. 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.
7. 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.
   
8. Declares that nothing in this resolution requires a member state to operate a guest worker program or constitutes a right to migrate for work.

[Ardiveds]

OOC: Why exactly must guest workers recieve the same social services and healthcare services that a citizens would receive while not having to pay the taxes that citisens do?

[Hulldom]

OOC: Why exactly must guest workers recieve the same social services and healthcare services that a citizens would receive while not having to pay the taxes that citisens do?

OOC: Guess I should specify that, though at least in the US, automatic unless you’re getting paid under the table. [I know businesses that do pay their employees under the table, but obviously the vast majority comply with Medicare and SSA Taxes.]

[Bananaistan]

OOC: Section 4 - it's not unreasonable for member states to require a certain number of contributions to social insurance before someone becomes entitled to draw from it.

5a - so while the guest worker is hanging around the member nation after their visa expires, who pays their way?

5b - what provisions are we talking about here? This seems suspiciously like secondary legislation.

6 - what retaliation is noted in section 5? I don't see any. What are these similar provisions in extant WA law that you refer to?

7 - WACC already does this. Is it necessary to duplicate GAR#390 and GAR#440?

[Hulldom]

OOC: Section 4 - it's not unreasonable for member states to require a certain number of contributions to social insurance before someone becomes entitled to draw from it.

5a - so while the guest worker is hanging around the member nation after their visa expires, who pays their way?

5b - what provisions are we talking about here? This seems suspiciously like secondary legislation.

6 - what retaliation is noted in section 5? I don't see any. What are these similar provisions in extant WA law that you refer to?

7 - WACC already does this. Is it necessary to duplicate GAR#390 and GAR#440?

Re: 7, is that saying that provision *itself* is unnecessary or that the points made in the clauses are unnecessary, otherwise, noted.

[Bananaistan]

OOC: Section 4 - it's not unreasonable for member states to require a certain number of contributions to social insurance before someone becomes entitled to draw from it.

5a - so while the guest worker is hanging around the member nation after their visa expires, who pays their way?

5b - what provisions are we talking about here? This seems suspiciously like secondary legislation.

6 - what retaliation is noted in section 5? I don't see any. What are these similar provisions in extant WA law that you refer to?

7 - WACC already does this. Is it necessary to duplicate GAR#390 and GAR#440?

Re: 7, is that saying that provision *itself* is unnecessary or that the points made in the clauses are unnecessary, otherwise, noted.

WACC already ensures that member states enforce compliance.

[Hulldom]

Re: 7, is that saying that provision *itself* is unnecessary or that the points made in the clauses are unnecessary, otherwise, noted.

WACC already ensures that member states enforce compliance.

Ahhhhh. Was making sure.

[Honeydewistania]

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

"human beings" read very oddly for me. Why not "humans" or "people"?

[Hulldom]

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

"human beings" read very oddly for me. Why not "humans" or "people"?

When I wrote this initially, I was leaning towards sapient beings, but that’s a simple enough change.

[Imperium Anglorum]

Prefer "individual" for natural person rather than falling immediately to Star Trek terminology or the ambiguous "person" without modifier.

[Hulldom]

Prefer "individual" for natural person rather than falling immediately to Star Trek terminology or the ambiguous "person" without modifier.

Fixed!

On a lighter note: if that's the worst thing I get on a first read-through by people, I'll take it!

[Imperium Anglorum]

On a lighter note: if that's the worst thing I get on a first read-through by people, I'll take it!

I've not read the proposal.

[Imperium Anglorum]

Defines “guest worker” as an employee of a company or a government who works in a country other than that in which they hold citizenship and does so as the result of a government or employer-based visa or other form of sponsorship.

For citizenship substitute nationality (though this naturally depends) or, perhaps the more specific, right to work.

[*]Mandates that employers in World Assembly member states shall not force guest workers to work for less than the minimum wage or other enforced wage standard implemented by the employer or by the state in which they are to work.

1. Strongly urges employers to pay guest workers the same wages as their domestic counterparts.

[*]Further mandates that employers in member states assist in the provision of accommodation and basic goods such as food and required attire for newly arrived guest workers.

You should not use one-element sublists. We don't have minimum wages in the WA. I would enforce a non-discrimination requirement in employment law. Because there are implicit issues with enforcing a outcomes-based test, I would impose this with a wilfulness requirement.

[*]Instructs employers and member states to make provision for guest workers to receive social services and healthcare while fulfilling the terms of their sponsorship or visa.

1. Notes that in order to receive state funded social services while in their state that employers of guest workers must ensure that guest workers pay the appropriate taxes and fees for a period of approximately one-quarter of the period of the visa or sponsorship.

You should not use one-element sublists. The cost of providing healthcare is large, especially in developed economies. While I am unclear as to what specific proportion is needed, I am sure that it would change based on the extent of care, the person who needs care, and their income level. Calibrating it poorly would have nations choose to restrict their issuing of work permits because most workers become net fiscally negative, depriving potential workers of better salaries and opportunities than in their home countries.

[*]Orders that employers or World Assembly member states not enforce immigration enforcement laws on guest workers, provided they continue to fulfill the terms of their sponsorship or visa.

1. Decrees that member nations and employers may not terminate a guest worker’s visa or sponsorship, and must extend it, in the event that the guest worker is the complainant or the defendant 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 visa or sponsorship.
2. Further decrees that in the event of a guest worker needing to stay beyond the terms of their visa to participate in a civil action that the employer must provide for the employer to stay on until the civil action provided that the guest worker has heretofore successfully fulfilled the terms of their visa in the eyes of the company.
3. In the event of a guest worker facing a criminal complaint or charge, the state may enforce any provisions it sees fit regarding the detaining or remand of criminal defendants.

Please rephrase this, I don't know what it means.

[*]Requires that 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 that this procedure be anonymized in order to protect employers from retaliation rooted in their filing a complaint.

While this could work in some situations, in others, it cannot. (See eg Am Disabilities Act and enforcement of its provisions by the EEOC and, in the federal government at least, other separate agencies.) Eg with disability accommodations. Anonymity defeats the point: you cannot provide a specific person an accommodation if you do not know who that person is. It is better to prohibit retaliation itself.

[Hulldom]

Edited and bumped

Not entirely sure about the “willfulness requirement”, but one of y’all could maybe help?

[Hulldom]

*picks up the box with copies of this proposal and puts it on the roundtable*
“Sorry for making you wait, my esteemed friends.”

[Bananaistan]

"Regarding section 6b. Is this forcing an employer to retain the employee on the payroll? What if the contract and work is complete?"

[Hulldom]

"Regarding section 6b. Is this forcing an employer to retain the employee on the payroll? What if the contract and work is complete?"

"That is an excellent question, Ambassador. I am open to revising that clause, but it seemed to be the easiest solution than requiring the employee to provide for their own upkeep at such a time."

[Greater Cesnica]

"Ambassador Van Roy, this draft enjoys our tentative support. That being said, I do have a few concerns.

First, regarding Article 2: would it be unreasonable to require that "employers to pay guest workers the same wages as their domestic counterparts", as opposed to '"strongly urging" it? And second, in regards to Article 6(b), I am a tad bit confused over this wording: "the employer must provide for the employer". Could you please clarify this, or word it in a more clear manner?

In regards to everything else, I find that the draft is suitable and well-written. I look forward to seeing this progress to the voting floor when it is ready to do so."

[Hulldom]

"Ambassador Van Roy, this draft enjoys our tentative support. That being said, I do have a few concerns.

First, regarding Article 2: would it be unreasonable to require that "employers to pay guest workers the same wages as their domestic counterparts", as opposed to '"strongly urging" it? And second, in regards to Article 6(b), I am a tad bit confused over this wording: "the employer must provide for the employer". Could you please clarify this, or word it in a more clear manner?

In regards to everything else, I find that the draft is suitable and well-written. I look forward to seeing this progress to the voting floor when it is ready to do so."

“Noted on both parts, sir. Will make the changes when I’m back at my laptop. Unfortunately, my handwriting is practically illegible and I refuse to subject the esteemed General Assembly ambassadors to that.”

[Greater Cesnica]

"Ambassador Van Roy, this draft enjoys our tentative support. That being said, I do have a few concerns.

First, regarding Article 2: would it be unreasonable to require that "employers to pay guest workers the same wages as their domestic counterparts", as opposed to '"strongly urging" it? And second, in regards to Article 6(b), I am a tad bit confused over this wording: "the employer must provide for the employer". Could you please clarify this, or word it in a more clear manner?

In regards to everything else, I find that the draft is suitable and well-written. I look forward to seeing this progress to the voting floor when it is ready to do so."

“Noted on both parts, sir. Will make the changes when I’m back at my laptop. Unfortunately, my handwriting is practically illegible and I refuse to subject the esteemed General Assembly ambassadors to that.”

McCooley smiles lightheartedly. "That is perfectly already, Ambassador."

[Hulldom]

"I believe the changes requested by my esteemed Bananaistanian and Cesnican colleagues have been affected."

[Greater Cesnica]

"Excellent, Ambassador. Pending further issues being found, this draft now enjoys our full support."

[Kenmoria]

“Your second preambulatory clause makes mention of there being regulations which guest workers must follow, yet I can see no such regulations in the active clauses. Other than that minor wording concern, with the recent changes, I cannot see any issues with this draft.”

[Hulldom]

“Your second preambulatory clause makes mention of there being regulations which guest workers must follow, yet I can see no such regulations in the active clauses. Other than that minor wording concern, with the recent changes, I cannot see any issues with this draft.”

OOC: rather than re-working the whole thing just removed the offending words!

[Kenmoria]

“Your second preambulatory clause makes mention of there being regulations which guest workers must follow, yet I can see no such regulations in the active clauses. Other than that minor wording concern, with the recent changes, I cannot see any issues with this draft.”

OOC: rather than re-working the whole thing just removed the offending words!

(OOC: Yes, that is what I would have done. It was only a small concern.)