What to look out for as a Kenyan migrant worker

Do not use recruiting agencies that are not licensed and accredited by National Employment Authority (NEA). Click here to view the accredited agents in Kenya.

The longer the “chain” between worker and employer the higher the likelihood that abuse may occur. Factors that may increase the length of the chain include the number of intermediaries and steps between the worker and the final place of employment.

The employer is expected to bear costs relating to travel and transportation, medical exams, health certificates, official documentation e.t.c. However, in some cases, you may be required to share some of the costs. If in doubt verify with the National Employment Authority(NEA).

Confiscation or withholding of passports in particular – but also residency permits, work permits or other valuable personal possessions – is one of the most chronic abuses reported by migrant workers around the globe.

Employers often rationalize that they are holding passports or other official documents for safekeeping, but in fact workers often do not feel comfortable requesting access to their documents, and/or the process for gaining access to their documents is onerous and intimidating.

Without papers, a migrant worker cannot freely and safely move about or leave a host country, and is at risk of imprisonment if stopped and questioned by police.

Beware if your take-home pay is not what was offered by your agent. Several mechanisms like below contribute to the disparity.

• Forced savings programs – where a portion of the worker’s salary is withheld and deposited into a savings account to which the worker does not have access until her term of work is complete.
• The levying of un-anticipated (and sometimes excessive, unexplained or illegal) deductions for items such as food, housing, or travel
• Wages are withheld, delayed or unpaid; or if workers are forced to accept non-cash payments or payments in kind; and/or
• In some cases workers are required to use a portion of their salary to lodge financial deposits or “security” fees, e.g. as “runaway insurance”.

Never take up a job if the recruiter/employer does not give a signed employment contract or says that an employment contract is not needed. Please do not sign a contract written in a foreign language unless it has been translated in writing. Without a contract of employment, you are vulnerable to exploitation and your rights in the destination country will be limited.

Make sure you understand all the conditions of the employment contract before you sign it. You should know whether the employer will be giving you free food, accommodation etc.

Beware when employer or broker insists access and control to workers’ bank accounts.

Employers and brokers may use a variety of coercive means to restrict migrant workers’ freedom to terminate employment, including:

• Breach-of-contract penalties that force workers to stay in jobs by imposing financial penalties for voluntary or involuntary termination of the contract;
• Informal threats of loss of wages, savings or deposits; and/or
• Threat or use of violence, harassment or intimidation.

Migrant workers may be subjected to any number of restrictions on their ability to move freely in the host country, including:

• Tenancy in employer-operated residences is compulsory as a condition of recruitment and/or continued employment;
• Presence of security personnel or other security measures in the workplace or at residences restrict freedom of movement;
• Migrant workers are not free to return to their country of origin during paid leave or holidays; and/or
• Imprisonment or physical confinement in the workplace or related premises, e.g. employer-operated residences.

Beware of any any geographic, social, cultural, or even language isolation can trap migrant workers at a work site. By isolating workers and becoming their sole source of food, information and communication, labor brokers can render workers incapable of independent action.

Threats and violence are not necessary to entrap workers, but when used, threats and violence are effective ways of “beating down” workers, rendering them compliant and fearful of possible retributions to themselves or their families.

Make sure you get a valid work visa before you leave the country. With other types of visas (tourist visas or visit visas), you are not allowed to take up a job in another country.

Make sure you keep copies of all important documents like your employment contract and passport with you and at home.