Project Context and Scope:

Under its Migration, Business and Human Rights programming, IOM supports private sector actors to ensure they are able to uphold the rights of migrant workers in their operations and supply chain, in line with international standards, as laid out in ILO’s General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs and in IOM’s Migrant Worker Guidelines for Employers. Similarly, the ILO promotes the adoption and application of international labour standards (ILS) in the framework of its regional programmes on protection of the rights of migrant workers and effective labour migration governance. International standards require that no recruitment fees or costs related to the recruitment process should be charged to the migrant workers, although narrow exceptions can be made based on certain criteria. Adhering to this principle is important in preventing risks to migrant workers during recruitment and employment, as payment of recruitment fees and related costs by migrant workers may lead to debt bondage, which in turn can lead to vulnerabilities during employment. For instance, migrant workers may not be able to leave their job due to debt, even if they find themselves in exploitative or abusive conditions. The principle on prohibition of recruitment fees and related costs also prescribes that where worker-paid fees and/or costs are identified, companies have a responsibility to provide remediation, typically in the form of reimbursement or repayment.

Due to increased awareness of international standards and legislation (such as the EUCSDDD, the Australia Modern Slavery Act, the French Duty of Vigilance Act and several other upcoming regulations at various stages of approval) requiring companies to carry out human rights due diligence and ensure there is no forced labour present in supply chains, brands increasingly make commitments to the ‘employer pays principle’ and expect their suppliers globally to implement this commitment throughout their operations and supply chains. However, in the changing and complex landscape of labour migration and as companies advance on the implementation

of the principle, technical questions arise regarding its application, such as what fees and related costs should be included and what falls outside the remit of the definition; or fees and costs in the context of in-country recruitment; and how to remediate ‘historical fees’ paid by migrant workers recruited prior to a company’s commitment to the employer pays principle, among others.

Various actors, such as consultancy firms, civil society organizations, and UN agencies, already provide guidance, advice and recommendations to companies on the repayment and reimbursement of worker-paid fees and costs. However, different actors have different interpretations, and this may result in conflicting recommendations and guidance provided to companies. Conflicting guidance may be confusing to companies and may lead to non-satisfactory reimbursement or repayment provided to affected workers.

In this light, IOM, in collaboration with the ILO, seeks to engage a consultant to support the development of a case compendium on emerging practices among businesses on reimbursement and repayment of worker-paid recruitment fees and related costs, aiming to provide a streamlined reference point for relevant actor.

Organizational Department / Unit to which the Consultant is contributing: MBHR Asia, LM.0532, LMI IOM Malaysia

To develop the case compendium, a desk review shall be carried out on

1) Existing international standards and guidance on application of the employer pays principle and reimbursement or repayment of worker-paid fees and related costs,

2) Existing methodologies and guidance from various actors providing guidance and recommendations on the subject, including specific guidance with respect to women migrant workers, and

3) Case examples in which companies repaid or reimbursed migrant workers, outlining their approach, rationale behind, modalities, decision-making, gender responsiveness and any other considerations.

The desk review shall be complemented with in-depth interviews with representatives (to be identified by the consultant and IOM, and upon consultation with ILO) from key stakeholders providing guidance and recommendations to companies on reimbursement and repayment, and from companies themselves. Upon completion of the data collection, all data shall be analyzed and consolidated into a 20-page white paper.

Upon completing the final draft of the report, the consultant shall support IOM to organize an online roundtable meeting in February 2026 to validate the white paper. The consultant is expected to attend the roundtable. Feedback and input received during the roundtable shall be reflected in the completed white paper.

4. Organizational Department / Unit to which the Consultant is contributing:  MBHR Asia, LM.0532, LMI IOM Malaysia

5. Category B Consultants: Tangible and measurable outputs of the work assignment

Category B Consultant hired to deliver a white paper on a two-instalment payment basis:

1. First deliverable – 1) Workplan for development of report (including 1 round of feedback and inputs by IOM and ILO), and 2) desk review (including 2 rounds of inputs and feedback by IOM and ILO) - Deliverable by email by 20 November 2025

2. Second deliverable – 3) in-depth interviews, draft of 20-page report for consultation purposes (including 2 rounds of inputs and feedback by IOM and ILO), 4) preparation for and attendance to roundtable (online), and 5) final white paper inclusive of roundtable inputs ( including 2 rounds of inputs and feedback by IOM) - Deliverable by email by 15 March 2026

7. Performance indicators for the evaluation of results: - High-quality report with complete and well analyzed data.  Timely delivery of deliverables.

Education, Experience and/or skills required

- Master’s degree in law, human rights, social sciences, international development, or any other related field.

- At least five years of experience in the field of migration, business and human/labour rights.

- Experience with the application of the principle on prohibition of recruitment fees and related costs in various contexts.

- Fluency in English, in writing and verbally, is required.

- Experience working with UN agencies is an asset