Session
Organizer 1: MOHAMED FARAHAT, African Digital Rights Network (ADRN) &Egyptian Foundation For Refugees Rights (EFRR)
Organizer 2: Tijani BEN JEMAA, AFRALO ICANN
Organizer 3: Ahmed Farag, National Telecom Regulatory Authority - NTRA
Speaker 1: Elena Habersky, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Lillian Nalwoga, Civil Society, African Group
Speaker 3: isabelle kronisch, Intergovernmental Organization, Intergovernmental Organization
Speaker 4: MOHAMED FARAHAT, Civil Society, African Group
MOHAMED FARAHAT, Civil Society, African Group
Tijani BEN JEMAA, Civil Society, African Group
Ahmed Farag, Government, African Group
Birds of a Feather - Classroom - 90 Min
1.What the concept of virtual migrant worker refers to?
2.What is the legal safeguards and ethical process of recruiting foreigners online and work remotely ? and, To what extent the current legal framework protect the virtual migrant workers ? What is the role of IOM, ILO and IGF could play to ensure respect virtual migrant workers’ rights ?
3. What is the impact of Virtual Migrant workers on Digital Gig Economy?
The proposed topic establish the correlation between IG policies and International labour migration policies
Connection with previous Messages: The proposed topic is related to IGF 2021 message related to Economic and Social Inclusion and Human Rights"
specifically, the expansion of platform and digital work, regulators need to ensure that labour dimensions are added to broader digital policies and regulations, so that the rights and interests of workers are adequately protected.
In addition the proposed topic embodied the impact of ICT on the international labour migration studies and practices.
8.8
Targets: The situation of migrant workers is highlighted in SDG 8 on economic growth and decent work, Target 8.8 Protect labour rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants, and those in precarious employment. evolving the internet and technology and emerge the phenomenon of virtual employment and virtual employer makes different digital work platforms and internet is a new " Working environment" which SDG seeks to secure and promote, and protect the workers rights " virtual worker rights "including virtual migrant workers
Description:
According to Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) the term migrant worker means a person who migrates or who has migrated from one country to another with a view to being employed otherwise than on his own account and includes any person regularly admitted as a migrant worker.
So, the main purpose of migration in the context of labour migration is the intention of employment in another country rather then the country of the nationality of the worker. ICT revolution made workers do works for interest of employers who are located in different country with out movement. Which creates a new type of migrant worker " Virtual Migrant workers"
Evolving technologies have been driving dramatic shifts in the way people work, allowing them to complete their tasks virtually without having to physically travel to their offices or from country to another. ICT makes it easier to work from anywhere, companies, research centers and any other entities can hire employees based on their skills without concern for where they are. In addition, the dramatic increase in virtual work during the COVID-19 pandemic boosted organizational capacity for virtual work and is likely to result in a long-term increase in the number of employees working remotely. As a result, the concept of online labour appeared.
Online labour is defined as contingent (task- or project-based) intangible work delivered digitally and done for money, organised via online outsourcing platforms , and telework and ICT-based mobile work (TICTM) refers to any type of work arrangement where workers work remotely, away from an employer's premises or fixed location, using digital technologies such as networks, laptops, mobile phones and the internet'. Remote work can be performed in a variety of possible locations, all of which can be viewed as an alternative to the location where the work could typically be expected to be carried out, taking into account the profession and the status in employment. This has different implications for dependent workers and independent workers Remote Employment has often been used interchangeably with the term telecommuting, telework, or work from home which are all terms that indicate making use of technological advances to work away from the employer’s office or customer’s location in a flexible work environment"
In virtual employment, an employee could work for an employer who is located in the same country as himself or he could work for an employer who lives in another country on the other side of the world. So, all over the world a new kind of employee is appearing in increasing numbers - the virtual employee.
From the forgoing , it is clear that the ICT has impact on international migration for employment purpose and migrant workers and contributes to emergence of new concept which is “ virtual migrant workers “ who they are exactly?
The advent of virtual employment has resulted in the creation of number of unique and interesting legal issues such as wage-and-hour compliance, holidays, leave, maternity leave, workers’ compensation, and safety and health protection. in addition, there have been instances of virtual employees being fired or disciplined without a proper inquiry or not paid their due wages or remuneration or deprived of their leave, overtime, holidays and terminal benefits without justification.
The main challenge of virtual employment when employer and employee located in different countries. This situation creates several legal issues related to rights of virtual migrant workers. what is the rights of the virtual migrant workers ? what is the regulating legal and institutional framework? what is the national laws will be applied in case of disputes? Is it the law of workers nationality? or it is the law of entity (employer) location? What is the legal procedures that the virtual migrant worker could take in case of his rights been breached by his employer?
Yet, international labor law at the moment has no remedy to offer this kind of situation as the ILO has not entered into any treaty to deal with situations where a virtual employee intends to sue his employer located in another country to obtain legal redress. Further there are no treaties or conventions dealing with the terms and conditions of virtual employment entered into by parties living in different countries.
Also, if the virtual migrant workers are become a fact what is the impact of virtual labor migration on Digital Gig Economy?
Therefore, the main aim of this workshop is to discuss the virtual migrant workers as new type of migrant workers, to know what is the relevant legal framework, what is the ethical recruitment process applied on the case of virtual migrant workers? what the impact of this new type of work on digital economy?
The main aim of the workshop fit under Human right theme
1.As the concept of Virtual migrant workers is still new and discussion about it still very rare , the organizer in light of discussions during the workshop will produce a policy brief about the issue.
2.In addition the organizers will editing 2 main academic research to be published one article about the legal issue and legal aspects related to the issue , second will focus on ethical recruitment process related to this issue.
3. As new issue , organizer will build on the outcome of discussion and findings of researches will be done and will organize several follow up events during 2023 in regional level and international level.
Hybrid Format: The purpose of the session is to be very interactive yet informative. The duration of the session will be 90mins down in the following:
5mins opening remarks/introduction from speakers
45min panel discussion with moderator probing
35min open floor discussion with periodic intervals for remote participants
After the first (2) intervention will open the first question round for 15 min. After the second (2) intervention will open the second and final questions round for 20 min.
5mins opening closing remarks/key message from speakers
This set up allows for an open and equal space for dialogue and emphasizing that panel speakers are not more important than the audience. Also it will give room for ease of debate and discussions.
The organizers will use their different plat forms to announce for the workshop.
Given to the fact that, the topic of the session is very new, unique ,attractive and will bring attention of scholars and practitioners the organizer and speakers expected to have a high number of participants specially from International organizations such as international labor organization and international organization for migration.
Usage of IGF Official Tool.