Principles for the recruitment of skilled workers from third countries.
Minimum requirement for compliance with human rights, migration and labour law.
GLOBOGATE and its business partners are committed to their social responsibility in an open and fair recruitment process of care workers from third countries. The key to successful project implementation lies in a corporate culture characterised by integrity, ethics and personal responsibility.
The following social responsibility principles are the orientation framework for all business partners and for GLOBOGATE. They link the demand for compliance with law and order with the special requirements for ethical behaviour that make the respective project success possible. They make a claim on the business partners involved, at the same time they are a promise to the outside world. In order to achieve these goals, GLOBOGATE and the business partners (hereinafter also referred to collectively as the "Parties") confirm the following minimum requirements for compliance with human rights, migration and labour law in connection with the recruitment of skilled workers from third countries:
The Parties want to show the human face in the globalisation of the recruitment process of skilled workers. With a clear mission statement, the parties want to prevent the irreversible process of globalisation from triggering fears among the people of this world that can be avoided.
The parties' mission statement is fundamentally based on the recognition of the WHO Code of Conduct for the International Recruitment of Health Professionals, which - along with compliance with the International Convention on Human Rights - is the overriding guideline for the parties' corporate practice. In particular, it serves to uphold the right of individuals to migrate and is based on the understanding that the legitimate interests and responsibilities of foreign professionals, countries of origin and employers in the country of destination may conflict.
The parties voluntarily commit to comply with both the ILO Core Labour Standards, in particular the ILO General Principles and Operational Guidelines for Fair Recruitment, and the IRIS Standards of the International Organisation of Migration. In addition, the parties shall endeavour to ensure that the recruitment and placement process complies with the laws of all foreign countries involved in which the parties operate, including relevant labour and immigration laws. As GLOBOGATE acts as an extended arm of the client and involves a variety of participating service providers (language schools, recruitment agencies, etc.) in the recruitment process, GLOBOGATE addresses the following social principles - which GLOBOGATE itself lives by - to all its business partners. The business partners must observe and comply with these requirements - insofar as they fall within their scope of application. Likewise, the business partners (which of course also includes GLOBOGATE) shall observe the following guidelines, insofar as they fall within their scope of application.
1. Human rights principles
1.1 Human Rights
The business partner advocates and supports the observance of internationally recognised human rights.
1.2 No discrimination
The business partner undertakes to ensure equal opportunities in the recruitment of international skilled workers and to refrain from any discrimination, unless national law expressly provides for selection according to certain criteria. Our goal is to ensure our commitment to non-discriminatory practices in the workplace where all qualified applicants and employees have an equal right to employment and opportunities for advancement regardless of race, colour, sex, age, religion, national origin, sexual orientation or any other category covered by applicable laws.
1.3 Equal Opportunities
The Business Partner's policy includes providing and ensuring equal opportunity in recruitment, selection, training, compensation, promotion, transfer and job assignment. Employment decisions shall be made on the basis of valid job requirements. These opportunities and other terms and conditions of employment apply to qualified applicants and employees regardless of race, colour, sex, pregnancy, age, religion, national origin, genetic makeup, sexual orientation, gender identity/expression and/or other protected categories under applicable laws.
Internationally recruited professionals should find a working environment free from harassment (sexual harassment, bullying, etc.). Business partners are expected to contribute to keeping the working environment free from harassment. Retaliation against individuals who have raised a good faith concern about harassment or who have participated or cooperated in an investigation shall be prevented.
1.5 Forced or Compulsory Labour
The Business Partner has a zero tolerance policy against any form of human trafficking or related activities, including any form of unlawful employee harassment, retaliation, forced or compulsory labour, sex trafficking or child labour. The Business Partner shall strive to ensure responsible hiring and retention practices in its operations.
1.6 Health and Safety
The Business Partner recognises a responsibility to protect its employees and the planet. It is committed to providing a working environment that meets the highest health and safety standards.
1.7 Fair wages/compensation
The business partner shall establish internal policies to ensure fair compensation for all its employees and provide them with ample opportunities for professional development.
2. Labour law principles
The right to fair remuneration is recognised for all employees of the business partner (ILO Convention No. 100). The remuneration/compensation and other benefits (social benefits, holidays, etc.) take into account the principle of fairness and correspond at least to the respective national, legal standards or the level of the national economic sectors/industries.
2.2 Working hours
The business partner shall ensure compliance with the respective national regulations and agreements on working hours and regular paid holidays. Working hours, including overtime, may not permanently exceed the existing legal and/or collectively agreed standards in the respective countries.
2.3 Occupational health and safety
Occupational health and safety shall have the highest priority. The business partner ensures occupational health and safety in the workplace within the framework of national regulations and supports continuous development to improve the working environment.
The business partner supports and promotes measures for the qualification of employees that are suitable for expanding and deepening the professional and technical knowledge that is essential for the work activity.
2.5 Legal requirements Source country
There may be legal requirements that the home country of the foreign employees sets for the international migration of workers. The business partners comply with these requirements and implement them in the best possible synchronisation with the domestic legal framework.
2.6 Recruitment of foreign skilled workers
The recruitment of skilled workers from third countries is a cost-intensive, resource-draining undertaking for German employers. By investing in foreign nursing staff, these employers contribute to alleviating the shortage of skilled workers in the German health care system. For this reason, GLOBOGATE's business partners refrain from the targeted, active poaching of foreign professionals who are new to Germany and have therefore only had a short period of employment with another employer.
3. Principles of migration law
3.1 Residence permit
The business partner shall support any measures resulting from the requirements arising from the application for the granting of residence permits of its internationally recruited employees. In particular, it shall provide the best possible support to ensure that the conditions necessary for long-term residence can be fulfilled by the internationally recruited employees.
3.2 Recognition of foreign vocational training
The recognition of foreign professional training is of utmost importance for skilled workers from third countries. The business partner creates the appropriate framework conditions and enables measures to be taken so that the recognition of foreign professional training can be successfully completed within a reasonable time frame and with the best possible results.
International migration of labour is associated with various additional efforts and requires a high degree of commitment and flexibility from the parties involved. In particular, migrating professionals leave their homes and families with few possessions and financial resources and enter a completely unknown and in many ways (culturally, socially, linguistically, meteorologically, etc.) different working and living environment. The business partners ensure a welcoming culture that enables the best possible integration of the foreign employees both in the working environment and in their private surroundings. To this end, the business partner must draw up and implement a comprehensive integration concept.
3.4 Legal requirements source country
There may be legal requirements in the home country of the foreign employees regarding the international migration of workers. The business partners comply with these requirements and implement them in the best possible synchronisation with the domestic legal framework.
In all texts, we generally refer to all genders with the general form of address as well as the functions. For better readability, we have used the masculine form of address. "Employee", "employer", "business partner", "parties", etc. are used as neutral terms for all genders.
1 December 2021