Faced with a scenario of greater access to debates on human rights - especially those coming from organizations and advocacy groups - and with the increase in migratory flows in recent years, there is an increasing concern regarding situations of social injustice and inequalities of rights among workers in the United States, whether they are migrants or not. Consequently, these themes gained strength due to their importance and necessity, focusing on the rights of individuals and workers who migrate seeking better living conditions for themselves and their families. In this context, the International Labor Organisation (ILO) developed the Fair Recruitment Initiative (FRI) as a response to the challenges encountered during recruitment processes and as a way of ensuring that labor standards are being complied with thoroughly.

In the United States, the FRI has already presented itself as a reality. However, there are still major obstacles to be overcome for the implementation of this initiative to occur satisfactorily, in order to fulfill the rights of North American workers.

Fundamentals of the Fair Recruitment Initiative

 The Fair Recruitment Initiative (FRI) aims to ensure that recruitment practices, both national and international, are based on labor standards developed through social dialogue and that promote gender equality. They must be transparent, effectively regulated, monitored and enforced; protect the rights of all workers, including Fundamental Principles and Rights at Work (FPRW), prevent human trafficking and forced labor; and efficiently inform and respond to employment policies and labor market needs, including for recovery and resilience.

FRI's operating strategy is based on four pillars. The first is to “Improve, exchange and disseminate global knowledge about recruitment processes” by producing and disseminating quality data and research in key areas such as the care economy, agriculture, construction, transport and service; developing, from this data, innovative tools. It also aims to highlight the ILO's fair recruitment standards on global and regional agendas, promoting pilot innovations, as well as training and developing skills in cooperation with the ITC-ILO, adapting materials to emerging needs and increasing public access to information on abusive recruitment practices and its impacts. The second pillar is based on “Improving laws, policies and enforcement to promote fair recruitment” and this is done, in principle, by adopting and implementing national laws and policies in consultation with social partners, to support job creation and protect workers. Furthermore, the aim is to increase the number of countries with recruitment enforcement systems to monitor violations and provide effective solutions, whether through bilateral labor agreements aligned with International Labor Organization (ILO) standards or social dialogue between labor organizations, workers and employers in the area of ​​recruitment. Finally, this pillar seeks to encourage the ratification of international labor standards relevant to fair recruitment. The penultimate pillar consists of “Promoting fair business practices” by increasing awareness and access to knowledge, guidance and tools for businesses and employers in ILO networks; all in order to change recruitment practices in a gender-responsive manner and implement ILO guidelines. In this sense, access to specific tools to conduct due diligence on fair recruitment practices will be improved, as well as the commitment of private recruitment agencies and public employment services to ethical recruitment practices. The fourth and final pillar is summarized as “Empowering and protecting workers” with awareness and union access to knowledge, guidance and tools to increase the representation of migrant workers, in addition to expanding union activities to promote fair recruitment, in cooperation with civil society organizations. It also aims to provide workers with independent and understandable information about their recruitment rights and obligations, including access to justice and interventions, so that workers can effectively access compensation.

All Fair Recruitment Initiative guidelines are based on various international standards established by the ILO, including conventions and recommendations that guide fair recruitment practices. Some of these main standards are: the Migrant Workers Convention (C97); the Recommendation on Migrant Workers (R86), a complement to C97; the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (C143); the Decent Work for Domestic Workers Recommendation (R201); and the ILO Protocol on Forced Labor (P29) and Recommendation (R203). Based on all the guidelines already mentioned, as well as the standards, the International Labor Organization works with governments, employers, unions and other interested parties to promote capacity building and training on the subject and subsequent monitoring and reporting.

United States scenario

In 2024, the United States job market presented a record: 8.5 million new job openings. However, the country had 6.5 million unemployed people. At the same time, millions of Americans are resigning from their jobs; many do not plan to return to the job market, immigration is slowing down and young people are more busy improving skills than entering the market. This is the current scenario of the United States job market according, to the Chamber of Commerce, and it denotes a moment of inflection for the national economy.

With the COVID-19 pandemic and the moment known as the “Great Resignation”, American workers find themselves at a delicate moment in their labor relations. At the same time, as living costs such as food and rent increase considerably, wages and labor rights are constantly reduced in the nation's legislatures, as has been occurring in Florida and in courts in Texas. This occurs in a context of conflict between Republicans and the White House, with President Biden wanting to put on the agenda more proposals that are beneficial to workers, such as projects that are stalled in Congress. In other words, the country has been facing a moment of inflection in its labor relations, and the adoption of the ILO could bring benefits and observation of labor rights for the working class.

United States accession to the FRI

In his opening remarks at the 3rd Ministerial on the Los Angeles Declaration on Migration and Protection, United States Secretary of State Anthony Blinken announced that the United States is joining the Initiative Fair Recruitment Committee (FRI) of the ILO and its Advisory Committee. This decision underscores the United States' commitment to advancing the Fair Recruitment agenda and contributing to the global effort to ensure fair recruitment practices and protect migrant workers from exploitation and abuse. Antony Blinken also encouraged other countries to join the Fair Recruitment Initiative.

By joining the Advisory Committee, the United States will be part of the tripartite body made up of representatives from governments, social partners and development agencies and can play a crucial role in guiding the implementation of the Fair Recruitment Initiative. Coming from diverse regional contexts, Committee members must use their experiences and perspectives to identify priorities, address common challenges, and propose effective strategies.

Implementation and Challenges

 The implementation of the Fair Recruitment Initiative in the United States, as is to be expected given the complexity of the scenario in which it operates, has faced challenges that range from the legal and operational to the social and economic spheres. In the sense of the impasses faced in the first of the areas mentioned, the difficulty arises, firstly, in the legal variation that exists from State to State and from city to city, which requires the adaptation of hiring practices by employers. Therefore, there is a range of laws to be followed, cases of contradiction are not at all uncommon, where laws at different levels come into conflict. When analyzing the operational procedure, it is understood that hiring processes, in their literal form, face challenges when having to adapt their selection activities (interviews and forms) to Fair Recruitment policies.

The challenges that face society, in turn, vary between cultural, economic and communication aspects. Firstly, it is understood that cultural challenges are, among others, social stigma in relation to criminal records at the time of hiring and during interactions at work, and internal change in the mentality of work environments, in order to combat prejudices and facilitate integration and respect among all. Economic obstacles, in turn, can be summarized as additional costs spent on training and implementing Fair Recruitment policies, and, in a broader sense, for calculating risks. The perceived risk is calculated as a form of prediction and guarantee in case the hiring of individuals who present a higher risk – as is the case of those with a criminal record – implies any loss of productivity or safety. Finally, communication challenges lie in the fact that its effectiveness must be guaranteed through constant inclusion, and in the fact that it is essential that mechanisms for monitoring this effectiveness are implemented.

The reality of work in the United States

 Talking about fair recruitment and initiatives that meet labor rights, especially for people who migrate to the United States, can also encounter resistance in the face of issues that are being debated in the American situation. In the moments leading up to this year's November elections, the issue of immigration rose to the level of the most important campaign themes. With the increase in right-wing conservatism and xenophobic anti-immigration discourse, and the consequent process of falling immigration, factual data such as the historical dependence of American companies on immigrant labor are not taken into account or are a source unknown to the majority of the population.

Federico Mandelman, economist and advisor to the Atlanta Fed, with his colleagues, published a study that analyzes the impact of the prolonged decline in low-skilled immigration from 2007 until the COVID-19 pandemic on the US economy.

The study, titled “Slowdown in Immigration, Labor Shortages, and Declining Skill Premia,” links the reduction in the immigrant labor force to wage increases for low-skilled workers, the decline in the educational progress of young Americans, and the shortage of workers for low-skilled jobs that cannot be outsourced. Despite meeting fair recruitment guidelines, these characteristics of migrant labor contributed to inflation, discouraged higher education among young workers, and resulted in an unbalanced economy.

Historically, the United States and Mexico have maintained agreements that allow Mexican workers to enter for seasonal jobs, benefiting both countries. However, starting in 2007, the Great Recession and the improving Mexican economy reduced the supply of immigrant workers in the US. The decline in immigration resulted in part from a lack of jobs in the country, in part from improving economic conditions in Mexico.

As the post-recession labor market recovered, employers slowly raised wages to attract workers to low-skill jobs, but the shortage of immigrants persisted, contributing to inflation. Additionally, the study suggests that decreased immigration may have led young Americans to avoid college education due to rising wages for low-skilled jobs. Based on this reality, the country underwent a change in the profile of immigrants, with an increase in migration from various parts of the world, including Senegal, Ukraine, Venezuela, Central America, Cuba and Haiti.

Therefore, there are multiple factors to analyze when it comes to outlining considerations about the future of the workforce and migration. Declining fertility rates in Mexico and Central America could further reduce the number of immigrant workers to the US, impacting the job market.

The United States' adherence to the Fair Recruitment Initiative proposed by the ILO represents a necessary step forward in promoting recruitment that respects workers' rights, as a primary consideration of their needs, as this workforce is necessary and essential to the economy of United States, whose population is experiencing critical aging, among other factors.

As mentioned above, there are some challenges encountered during the process of implementing this recruitment structure, which implies the need for resolution and the possibility of transforming the job market in the United States.