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 Convention (no. 97) concerning...
 Convention (no. 143) concerning...
 Recommendation (no. 86) concerning...
 Recommendation (no. 151) concerning...














Title: Equal rights for migrants kit
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Table of Contents
    Cover
        Page 1
        Page 2
    Convention (no. 97) concerning migration for employment (revised 1949)
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
    Convention (no. 143) concerning migrations in abusive conditions and the promotion of equality of opportunity and treatment of migrant workers
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
    Recommendation (no. 86) concerning migration for employment (revised 1949)
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
    Recommendation (no. 151) concerning migrant workers
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
Full Text











Main provisions of Conventions Nos. 97 and 143
and Recommendations Nos. 86 and 151
concerning migrant workers
adopted, respectively, in 1949 and 1975
by the. International Labour Conference










CONVENTION (No. 97) CONCERNING MIGRATION
FOR EMPLOYMENT (REVISED 1949)


The General Conference of the International Labour Organ-
isation,
Having been convened at Geneva by the Governing Body
of the International Labour Office, and having met in
its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with
regard to the revision of the Migration for Employment
Convention, 1939, adopted by the Conference at its
Twenty-fifth Session, which is included, in the eleventh
item on the agenda of the session, and
Considering that these proposals must take the form of
an international Convention,
adopts this first day of July of the year one thousand nine
hundred and forty-nine the following Convention, which may be
cited as the Migration for Employment Convention (Revised),
1949:
Article 1
Each Member of the International Labour Organisation for
which this Convention is in force undertakes to make available
on request to the International Labour Office and to other
Members-
(a) information on national policies, laws and regulations
relating to emigration and immigration;
(b) information on special provisions concerning migration for
employment and the conditions of work and livelihood of
migrants for employment;
(c) information concerning general agreements and special
arrangements on these questions concluded by the Member.
Article 8
Each Member for which this Convention is in force under-
takes to maintain, or satisfy itself that there is maintained, an
adeuate and free service to assist migrants for emploment,
a in particuOlTo provide themnwr accurate information.
Article 8
1. Each Member for which this Convention is in force under-
takes that it will, so far as national laws and regulations permit.





-4-


take all appropriate steps against misleading propaganda relat-
ing to emigration and immigration.
2. For this purpose it will where appropriate act in co-
operation with other Members concerned.
Article 4
Measures shall be taken as appropriate by each Member,
within its jurisdiction, to facilitate the departure, journey and
reception of migrants for employment.
Article 5
Each Member for which this Convention is in force under-
takes to maintain, within its jurisdiction, appropriate medical
services responsible for-
(a) ascertaining, where necessary, both at the time of depar-
ture and on arrival, that migrants for employment and the
members of their families authorised to accompany or
join them are in reasonable health;
(b) ensuring that migrants for employment and members of
their families enjoy adequate medical attention and good
hygienic conditions at the time of departure, during the
journey and on arrival in the territory of destination.
Article 6
1. Each Member for which this Convention is in force under-
S takes to apply, without discrimination in respect of nationality,
S race, religion or sex, to immigrants lawfully within its terri-
tory, treatment no less% favourable than that which it Laplies
(i (a) minso far as such matters are regulated by law or regula-
tions, or are subject to the control of administrative
authorities-
(i) remueraon, including family allowances where
theseform part of remuneration, hours of ,work over-
time aran events, holidays with py, restrictions on
home work, mi u el for employment, a rentice-
Ssisp. and tprns women's work and the work of
~. young persons;
0: (ii) membership of trade unionsand eno e t f the

(iii) accommoation;
(b) .c securi_ y (that is to say, legal provision in respect
^iF employment injury, ma tety, sickness, invalidity, old
A" age, death, unemployment and family responsibilities, and
any other contingency which, according to national laws
or regulations, is covered by a social security scheme), sub-
ject to the following limitations:






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(i) there may be appropriate arrangements for the main-
tenance of acquired rights and rights in course of
acquisition;
(ii) national laws or regulations of immigration countries
may prescribe special arrangements concerning benefits
or portions of benentYs Which are payable wholly out
of public funds, and concerning allowances paid to
persons who do not fulfil the contribution conditions
prescribed for the award of a normal pension;
(c) employment taxes, dues or contributions payable in respect
of the person employed; and
(d) legal proceedings relating to the matters referred to in this
Convention.
2. In the case of a federal State the provisions of this Article
shall apply in so far as the matters dealt with are regulated by
federal law or regulations or are subject to the control of
federal administrative authorities. The extent to which and
manner in which these provisions shall be applied in respect of
matters regulated by the law or regulations of the constituent
States, provinces or cantons, or subject to the control of the
administrative authorities thereof, shall be determined by each
Member. The Member shall indicate in its annual report upon
the application of the Convention the extent to which the
matters dealt with in this Article are regulated by federal law
or regulations or are subject to the control of federal adminis-
trative authorities. In respect of matters which are regulated
by the law or regulations of the constituent States, provinces or
cantons, or are subject to the control of the administrative
authorities thereof, the Member shall take the steps provided
for in paragraph 7 (b) of Article 19 of the Constitution of the
International Labour Organisation.

Article 7
1. Each Member for which this Convention is in force under-
takes that its employment service and other services connected
with migration will co-operate in appropriate cases with the
corresponding services of other Members.
2. Each Member for which this Convention is in force under-
takes to ensure that the services rendered by its public employ-
ment service to migrants for employment are rendered free.
~ c-----------
Article 8
1. A migrant for employment who has been admitted on a
permanent basis and the members of hjhfamily who have been
authorised to accompany or join him shall not be returned to
their territory of origin or the terriory- from which they
emigrated because the migrants unable to follow his occupa-
tion by reason' llno ess contracted or jury sustained sub-





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sequent to entry, unless the person concerned so desires or an
international agreement to which the Member is a party so
provides.
2. When migrants for employment are admitted on a per-
manent basis upon arrival in the country of immigration the
competent authority of that country may determine that the
provisions of paragraph 1 of this Article shall take effect only
After a reasonable period which shall in no case exceed five
years from the date of admission of such migrants.

Article 9
Each Member for which this Convention is in force under-
takes to permit, taking into account the limits allowed by
national laws and regulations concerning export and import of
currency, the transfer of such part of the earnings and savings
of the migrant for employment as the migrant may desire.

Article 10
In cases where the number of migrants going from the
territory of one Member to that of another is sufficiently large,
the competent authorities of the territories concerned shall,
whenever necessary or desirable, enter into agreements for the
purpose of regulating matters of common concern arising in
connection with the application of the provisions of this Con-
vention.
Article 11
1. For the purpose of this Convention the term "migrant
for employment" means a person who migrates from one
- | country to another with a view to m em oy oehe
. l L _hon C(itand-includes any person regularly
SI a tt ed as a migrant for employment.
2. This Convention does not apply to-
(a) frontier workers;
(b) short-term entry of members of the liberal professions
and artistes; and
(c) seamen.
Article 18
The formal ratifications of this Convention shall be commu-
nicated to the Director-General of the International Labour
Office for registration.
Article 13
1. This Convention shall be binding only upon those Mem-
bers of the International Labour Organisation whose ratifica-
tions have been registered with the Director-General.






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2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification
has been registered.

Article 14
1. Each Member ratifying this Convention may, by a decla-
ration appended to its ratification, exclude from its ratification
any or all of the Annexes to the Convention.
2. Subject to the terms of any such declaration, the pro-
visions of the Annexes shall have the same effect as the
provisions of the Convention.
3. Any Member which makes such a declaration may sub-
sequently by a new declaration notify the Director-General
that it accepts any or all of the Annexes mentioned in the
declaration; as from the date of the registration of such noti-
fication by the Director-General the provisions of such Annexes
shall be applicable to the Member in question.
4. While a declaration made under paragraph 1 of this
Article remains in force in respect of any Annex, the Member
may declare its willingness to accept that Annex as having the
force of a Recommendation.






ANNEX I

RECRUITMENT, PLACING AND CONDITIONS OF LABOUR
OF MIGRANTS FOR EMPLOYMENT RECRUITED
OTHERWISE THAN UNDER GOVERNMENT-SPONSORED
ARRANGEMENTS FOR GROUP TRANSFER
Article 1
This Annex applies to migrants for employment who are
recruit otherwise than under Government-sponsored arrange-
men for group transfer.
Article 2
For the purpose of this Annex-
(a) the term "recruitment" means-
(i) the engagement of a person in one territory on behalf
of an employer in another territory, or





-8-


(ii) the giving of an undertaking to a person in one terri-
tory to provide him with employment in another ter-
ritory,
together with the making of any arrangements in connec-
tion with the operations mentioned in (i) and (ii) inclu-
ding the seeking for and selection of emigrants and the
preparation for departure of the emigrants;
(b) the term "introduction" means any operations for ensur-
ing or facilitating the arrival in or admission to a territory
of persons who have been recruited within the meaning of
paragraph (a) of this Article; and
(c) the term "placing" means any operations for the purpose
of ensuring or facilitating the employment of persons who
have been introduced within the meaning of paragraph (b)
of this Article.
Article S
1. Each Member for which this Annex is in force, the laws
and regulations of which permit the operations of recruitment,
introduction and placing as defined in Article 2, shall regulate
such of the said operations as are permitted by its laws and
regulations in accordance with the provisions of this Article.
2. Subject to the provisions of the following paragraph, the
right to engage in the operations of recruitment, introduction
and placing shall be restricted to-
(a) public employment offices or other public bodies of the
territory in which the operations take place ;
(b) public bodies of a territory other than that in which the
operations take place which are authorised to operate
in that territory by agreement between the Govern-
ments concerned;
(c) any body established in accordance with the terms of an
international instrument.
3. In so far as national laws and regulations or a bilateral
arrangement permit, the operations of recruitment, introduc-
tion and placing may be undertaken by-
(a) the prospective employer or a person in his service acting
on his behalf, subject, if necessary in the interest of the
migrant, to the approval and supervision of the competent
authority ;
(b) a private agency, if given prior authorisation so to do by
the competent authority of the territory where the said
operations are to take place, in such cases and under such
conditions as may be prescribed by-
(i) the laws and regulations of that territory, or
(ii) agreement between the competent authority of the
territory of emigration or any body established in
accordance with the terms of an international instru-






-9-


ment and the competent authority of the territory
of immigration.
4. The competent authority of the territory where the
operations take place shall supervise the activities of bodies
and persons to whom authorisations have been issued in pur-
suance of paragraph 3 (b), other than any body established in
accordance with the terms of an international instrument, the
position of which shall continue to be governed by the terms
of the said instrument or by any agreement made between the
body and the competent authority concerned.
5. Nothing in this Article shall be deemed to permit the
acceptance of a migrant for employment for admission to the
territory of any Member by any person or body other than the
competent authority of the territory of immigration.
Article 4
Each Member for which this Annex is in force undertakes
to ensure that the services rendered by its public employment
service in connection with the recruitment, introduction or
placing of migrants for employment are rendered free.

Article 5
1. Each Member for which this Annex is in force which
maintains a system of supervision of contracts of employment
between an employer, or a person acting on his behalf, and
a migrant for employment undertakes to require-
(a) that a copy of the contract of employment shall be deli-
vered to the migrant before departure or, if the Govern-
ments concerned so agree, in a reception centre on arrival
in the territory of immigration;
(b) that the contract shall contain provisions indicating the
conditions of work and particularly the remuneration
offered to the migrant;
(c) that the migrant shall receive in writing before departure,
by a document which relates either t him individually 7K*-L
or to a group of migrants of wfich he is a member, infor-
mation concerning the general conditions of life and work
applicable to him in the territory of immigration.
2. Where a copy of the contract is to be delivered to the
migrant on arrival in the territory of immigration, he shall be
informed in writing before departure, by a document which
relates either to him individually or to a group of migrants
of which he is a member, of the occupational category for
which he is engaged and the other conditions of work, in parti-
cular the minimum wage which is guaranteed to him.
3. The competent authority shall ensure that the provi-
sions of the preceding paragraphs are enforced and that appro-
priate penalties are applied in respect of violations thereof.





-10-


Article 6
The measures taken under Article 4 of the Convention shall,
as appropriate, include-
(a) the smlification of administrative formalities;
(b) the provision of interpretation services ;
(c) any necessy aseit Mg an initial period in the
s settlement of teI'Mirants and members of their families
authorized toa a or join them; and
(d) the eardin of the welfare, during the journey and
in paricar on ar s ip, of migrants and members
of their families authorised to accompany or join them.
Article 7
1. In cases where the number of migrants for employment
going from the territory of one Member to that of another
is sufficiently large, the competent authorities of the territories
concerned shall, whenever necessary or desirable, enter into
agreements for the purpose of regulating matters of common
concern arising in connection with the application of the provi-
sions of this Annex.
2. Where the members maintain a system of supervision
over contracts of employment, such agreements shall indicate
the methods by which the contractual obligations of the
employers shall be enforced.
Article 8
Any person who promotes clandestine or illegal immigration /
Shall be subject to appropriate penalties.

ANNEX II
RECRUITMENT, PLACING AND CONDITIONS OF LABOUR
OF MIGRANTS FOR EMPLOYMENT RECRUITED UNDER
GOVERNMENT-SPONSORED ARRANGEMENTS
FOR GROUP TRANSFER
Article 1
This Annex applies to migrants for employment who are
recruited under Government-sponsored arrangements for group
transfer.
Article 2
For the purpose of this Annex-
(a) the term "recruitment" means-
(i) the engagement of a person in one territory on
behalf of an employer in another territory under
a Government-sponsored arrangement for group
transfer, or





-11-


(ii) the giving of an undertaking to a person in one
territory to provide him with employment in another
territory under a Government-sponsored arrange-
ment for group transfer,
together with the making of any arrangements in con-
nection with the operations mentioned in (i) and (ii)
including the seeking for and selection of emigrants and
the preparation for departure of the emigrants;
(b) the term "introduction" means any operations for
ensuring or facilitating the arrival in or admission to a
territory of persons who have been recruited under a
Government-sponsored arrangement for group transfer
within the meaning of subparagraph (a) of this para-
graph; and
(c) the term "placing" means any operations for the pur-
pose of ensuring or facilitating the employment of persons
who have been introduced under a Government-sponsored
arrangement for group transfer within the meaning of
subparagraph (b) of this paragraph.
Article 3
1. Each Member for which this Annex is in force, the
laws and regulations of which permit the operations of recruit-
ment, introduction and placing as defined in Article 2, shall
regulate such of the said operations as are permitted by its
laws and regulations in accordance with the provisions of this
Article.
2. Subject to the provisions of the following paragraph,
the right to engage in the operations of recruitment, introduc-
tion and placing shall be restricted to-
(a) public employment offices or other public bodies of the
territory in which the operations take place;
(b) public bodies of a territory other than that in which the
operations take place which are authorised to operate
in that territory by agreement between the Governments
concerned;
(c) any body established in accordance with the terms of an
international instrument.
3. In so far as national laws and regulations or a bilateral
arrangement permit, and subject, if necessary in the interest
of the migrant, to the approval and supervision of the compe-
tent authority, the operations of recruitment, introduction and
placing may be undertaken by-
(a) the prospective employer or a person in his service acting
on his behalf;
(b) private agencies.
4. The right to engage in the operations of recruitment,
introduction and placing shall be subject to the prior authori-






-12-


station of the competent authority of the territory where the
said operations are to take place in such cases and under such
conditions as may be prescribed by-
(a) the laws and regulations of that territory, or
(b) agreement between the competent authority of the ter-
ritory of emigration or any body established in accordance
with the terms of an international instrument and the
competent authority of the territory of immigration.
5. The competent authority of the territory where the
operations take place shall, in accordance with any agreements
made between the competent authorities concerned, supervise
the activities of bodies and persons to whom authorisations
have been issued in pursuance of the preceding paragraph,
other than any body established in accordance with the terms
of an international instrument, the position of which shall
continue to be governed by the terms of the said instrument
or by any agreement made between the body and the competent
authority concerned.
6. Before authorising the introduction of migrants for
employment the competent authority of the territory of immi-
gration shall ascertain whether there is not a sufficient number
of persons already available capable of doing the work in
question.
7. Nothing in this Article shall be deemed to permit the
acceptance of a migrant for employment for admission to the
territory of any Member by any person or body other than the
competent authority of the territory of immigration.
Article 4
1. Each Member for which this Annex is in force under-
takes to ensure that the services rendered by its public employ-
ment service in connection with the recruitment, introduction
or placing of migrants for employment are rendered free.
2. The administrative costs of recruitment, introduction
and placing shall not be borne by the migrants.
Article 5
In the case of collective transport of migrants from one
country to another necessitating passage in transit through
a third country, the competent authority of the territory of
transit shall take measures for expediting the passage, to
avoid delays and administrative difficulties.
Article 6
1. Each Member for which this Annex is in force which
maintains a system of supervision of contracts of employment
between an employer, or a person acting on his behalf, and a
migrant for employment undertakes to require-






-13-


(a) that a copy of the contract of employment shall be deli-
vered to the migrant before departure or, if the Govern-
ments concerned so agree, in a reception centre on arrival
in the territory of immigration;
(b) that the contract shall contain provisions indicating the
conditions of work and particularly the remuneration
offered to the migrant;
(c) that the migrant shall receive in writing before departure,
by a document which relates either to him individually
or to a group of migrants of which he is a member,
information concerning the general conditions of life and
work applicable to him in the territory of immigration.
2. Where a copy of the contract is to be delivered to the
migrant on arrival in the territory of immigration, he shall
be informed in writing before departure, by a document which
relates either to him individually or to a group of migrants
of which he is a member, of the occupational category for
which he is engaged and the other conditions of work, in parti-
cular the minimum wage which is guaranteed to him.
3. The competent authority shall ensure that the provi-
sions of the preceding paragraphs are enforced and that appro-
priate penalties are applied in respect of violations thereof.
Article 7
1. The measures taken under Article 4 of this Convention
shall, as appropriate, include-
(a) the simplification of administrative formalities;
(b) the provision of interpretation services;
(c) any necessary assistance, during an initial period in the
settlement of the migrants and members of their families
authorised to accompany or join them;
(d) the safeguarding of the welfare, during the journey and
in particular on board ship, of migrants and members
of their families authorised to accompany or join them;
and
(e) permission for the liquidation and transfer of the property
of migrants for employment admitted on a permanent
basis.
Article 8
Appropriate measures shall be taken by the competent
authority to assist migrants for employment, during an initial
period, in regard to matters concerning their conditions of
employment; where appropriate, such measures may be taken
in co-operation with approved voluntary organizations.
Article 9
If a migrant for employment introduced into the territory
of a Member in accordance with the provisions of Article 3 of






-14-


this Annex fai sor a he is not r onsible,
to secur t e vem t or which ie hasbeen rcuited
or ofter suitable employment, the cost of hisreturn and that
or members of is family who have been authorised to
accompany or join him, including administrative fees, transport
and maintenance charges to the final destination, and charges
for the transport of household belongings, shall not fall upon
the migrant.
Article 10
If the competent authority of the territory of immigration
considers that the employment for which a migrant for
employment was recruited under Article 3 of this Annex has
been found to be unsuitable, it shall take appropriate measures
to assist him in finding suitable employment which does not pre-
judice national workers and shall take such steps as will ensure
his maintenance pending placing in such employment, or his
return to the area of recruitment if the migrant is willing or
agreed to such return at the time of his recruitment, or his
resettlement elsewhere.
Article 11
If a migrant for employment who is a refugee or a displaced
person and who has entered a territory of immigration in accor-
dance with Article 3 of this Annex becomes redundant in any
employment in that territory, the competent authority of that
territory shall use its best endeavours to enable him to obtain
suitable employment which does not prejudice national workers,
and shall take such steps as will ensure his maintenance pending
placing in suitable employment or his resettlement elsewhere.
Article 12
1. The competent authorities of the territories concerned
shall enter into agreements for the purpose of regulating mat-
ters of common concern arising in connection with the appli-
cation of the provisions of this Annex.
2. Where the Members maintain a system of supervision
over contracts of employment, such agreements shall indicate
the methods by which the contractual obligations of the
employer shall be enforced.
3. Such agreements shall provide, where appropriate, for
co-operation between the competent authority of the territory
of emigration or a body established in accordance with the
terms of an international instrument and the competent
authority of the territory of immigration, in respect of the
assistance to be given to migrants concerning their conditions
of employment in virtue of the provisions of Article 8.
Article 18
Any person who promotes clandestine or illegal immigration
shall be subject to appropriate penalties.






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ANNEX III
IMPORTATION OF THE PERSONAL EFFECTS, TOOLS
AND EQUIPMENT OF MIGRANTS FOR EMPLOYMENT
Article 1
1. Personal effects belonging to recruited migrants for
employment and members of their families who have been
authorised to accompany or join them shall be exempt from
customs duties on arrival in the territory of immigration.
2. Portable hand-tools and portable equipment'of the kind
normally owned by-workers for the carrying out of their par-
ticular trades belonging to recruited migrants for employment
and members of their families who have been authorised to
accompany or join them shall be exempt from customs duties
on arrival in the territory of immigration if such tools and
equipment can be shown at the time of importation to be in
their actual ownership or possession, to have been in their pos-
session and use for an appreciable time, and to be intended to
be used by them in the course of their occupation.
Article 2
1. Personal effects belonging to migrants for employment
and members of their families who have been authorised to
accompany or join them shall be exempt from customs duties
on the return of the said persons to their countryof origin
if such persons have retained the nationality of that country
at the time of their return there.
2. Portable hand-tools an ta e enuiment of the kind
nororrsor the carrying out of their par-
ticular trades belonging to migrants for employment and mem-
bers of their families who have been authorised to accompany
or join them shall be exempt from customs duties on return of
the said persons o 5teir country oforigminif such persons have
retained the nationality of that country at the time of their
return there and if such tools and equipment can be shown
at the time of importation to be in their actual ownership or
possession, to have been in their possession and use for an
appreciable time, and to be intended to be used by them in the
course of their occupation.











Convention 143


CONVENTION CONCERNING MIGRATIONS IN ABUSIVE CONDITIONS
AND THE PROMOTION OF EQUALITY OF OPPORTUNITY
AND TREATMENT OF MIGRANT WORKERS

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Sixtieth Session on 4 June 1975, and
Considering that the Preamble of the Constitution of the International Labour
Organisation assigns to it the task of protecting "the interests of workers
when employed in countries other than their own ", and
Considering that the Declaration of Philadelphia reaffirms, among the principles
on which the Organisation is based, that labour is not a commodity ", and
that "poverty anywhere constitutes a danger to prosperity everywhere", and
recognizes the solemn obligation of the ILO to further programmes which
will ve inparticular full employment through "the transfer of labour,
including foremployment -
Considering the ILO World Employment Programme and the Employment
Policy Convention and Recommendation, 1964, and emphasising the need to
i avoid the excesiv and uncontrolled or unassistedd increase of migratory
" movement tsecause o- their negative social and human consequences, and
Considering that in order to overcome underdevelopment and structural and
chronic unemployment, the governments of many countries increasingly stress
the i ura the transfer of capital and rather
a the ansfr of wor ers in ma nce with the nd s and requests of
t ese coun es in e reciprocal interest of the countries of origin and the
countries of employment, and
Considering the right of everyone to leave any country, including his own, and to
enter his own country, as set forth in the Universal Declaration of Human
Rights'and the International Covenant on Civil and Political Rights, and
Recalling the provisions contained in the Migration for Employment Convention
and Recommendation (Revised), 1949, in the Protection of Migrant Workers
(Underdeveloped Countries) Recommendation, 1955, in the Employment
Policy Convention and Recommendation, 1964, in the Employment Service
Convention and Recommendation, 1948, and in the Fee-Charging Em-
ployment Agencies Convention (Revised), 1949, which deal with such matters
as the regulation of the recruitment, introduction and placing of migrant
workers, the provision of accurate information relating to migration, the
minimum conditions to be enjoyed by migrants in transit and on arrival, the
adoption of an active employment policy and international collaboration in
these matters, and
Considering that the emigration of workers due to conditions in labour markets
should take place under the responsibility of official agencies for employment





-17-


or in accordance with the relevant bilateral or multilateral agreements, in
particular those permitting free circulation of workers, and
Considering that evidence of the existence of illici a andestine trafficking in
labour calls for further standarsspecicaily aimed at emiating thee abuss,

Recalling the provisions of the Migration for Employment Convention (Revised),
1949, which require ratifying Members to apply to immigrants lawfully within
their territory treatment not less favourable than that which they apply to
their nationals in respect of a variety of matters which it enumerates, in so far
as these are regulated by laws or regulations or subject to the control of
administrative authorities, and
Recalling that the definition of the term discrimination in the Discrimination
(Employment and Occupation) Convention, 1958, does not mandatorily
include distinctions on the basis of nationality, and
Considering that fuiher stndardso social security, are desirable
in order to promote q ty o opportunity and treatment of migrant workers
and, with regard to matters regulated by laws or regulations or subject to the
control of administrative authorities, ensure treatment at least equal to that
of nationals, and
Noting that, for the full success of action regarding the very varied problems of
migrant workers, it is essential that there be close co-operation with the
United Nations and other specialised agencies, and
Noting that, in the framing of the following standards, account has been taken
of the work of the United Nations and of other specialised agencies and that,
with a view to avoiding duplication and to ensuring appropriate co-ordination,
there will be continuing co-operation in promoting and securing the appli-
cation of the standards, and
Having decided upon the adoption of certain proposals with regard to migrant
workers, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention supplementing the Migration for Employment Convention
(Revised), 1949, and the Discrimination (Employment and Occupation)
Convention, 1958,
adopts this twenty-fourth day of June of the year one thousand nine hundred and
seventy-five the following Convention, which may be cited as the Migrant Workers
(Supplementary Provisions) Convention, 1975:


PART 1. MIGRATIONS IN ABUSIVE CONDITIONS

Article 1
Each Member for which this Convention is in force undertakes to respect the basic
human rights of all migrant workers.

Article 2
1. Each Member for which this Convention is in force shall systematically seek
to determine whether there are illegally employed migrant workers on its territory
and whether there depart from, pass through or arrive in its territory any movements





-18-


of migrants for employment in which the migrants are subjected during their journey,
on arrival or during their period of residence and employment to conditions con-
travening relevant international multilateral or bilateral instruments or agreements,
or national laws or regulations.
2. The representative organizations of employers and workers shall be fully
consulted and enabled to furnish any information in their possession on this subject.

Article 3
Each Member shall adopt all necessary and appropriate measures, both within
its jurisdiction and in collaboration with other Members-
(a) to suppress clandestine movements of migrants for employment and illegal
employment of migrants, and
(b) against the organizers of illicit or clandestine movements of migrants for employ-
ment departing from, passing through or arriving in its territory, and against
those who employ workers who have immigrated in illegal conditions,
in order to prevent and to eliminate the abuses referred to in Article 2 of this Con-
vention.
Article 4
In particular, Members shall take such measures as are necessary, at the national
and the international level, for systematic contact and exchange of information on the
subject with other States, in consultation with representative organizations of
employers and workers.
Article 5
One of the purposes of the measures taken under Articles 3 and 4 of this Con-
vention shall be that the authors of manpower trafficking can be prosecuted whatever
the country from which they exercise their activities.

Article 6
1. Provision shall be made under national laws or regulations for the effective
detection of the illegal employment of migrant workers and for the definition and the
application of administrative, civil and penal sanctions, which include imprisonment
in their range, in respect of the illegal employment of migrant workers, in respect of
the organisation of movements of migrants for employment defined as involving the
abuses referred to in Article 2 of this Convention, and in respect of knowing assistance
to such movements, whether for profit or otherwise.
2. Where an employer is prosecuted by virtue of the provision made in pursuance
of this Article, he shall have the right to furnish proof of his good faith.

Article 7
The representative organizations of employers and workers shall be consulted in
regard to the laws and regulations and other measures provided for in this Con-
vention and designed to prevent and eliminate the abuses referred to above, and the
possibility of their taking initiatives for this purpose shall be recognized.

Article 8
1. On condition that he has resided legally in the territory for the purpose of
employment, the migrant worker shall not be regarded as in an illegal or irregular





- 19-


situation by the mere fact of the loss of his employment, which shall not in itself
imply the withdrawal of his authorisation of residence or, as the case may be, work
permit.
2. Accordingly, he shall enjo quality of treatment with nationalspa ct in
cular of guaranty em o oviionof alternative
empldymen-T, "uerwork and retraining. ..

Article 9
1. Without prejudice to measures designed to control movements of migrants for
employment by ensuring that migrant workers enter national territory and are
admitted to employment in conformity with the relevant laws and regulations, the
migrant worker shall, in cases in which these laws and regulations have not been
respected and in which his position cannot be regularised, enjoy equality of treatment
for hims.f and his family in respect of rights arising out of past employment as
regards remuneration, social security and other benefits.
2. In case of dispute about the rights referred to in the preceding paragraph, the
worker shall have the possibility of presenting his case to a competent body, either
himself or through a representative.
3. In case of expulsion of the worker or his family, the cost shall not be borne by
them.
4. Nothing in this Convention shall prevent Members from giving persons who
are illegally residing or working within the country the right to stay and to take up
legal employment.


PART I. EQUALrrY op OPPORTUNITY AND TREATMEmT

Article 10
Each Member for which the Convention is in force undertakes to declare and
pursue a national policy designed to promote and to guarantee, by methods appro-
priate to national conditions and practice, equality of opportunity and treatment in
respect of employment and occupation, of social security, of trade union and cultural
rights and of individual and collective freedoms for persons who as migrant workers
or as members of their families are lawfully within its territory.

Article 11
1. For the purpose of this Part of this Convention, 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.
2. This Part of this Convention does not apply to-
(a) frontier workers;
(b) artistes and members of the liberal professions who have entered the country on
a short-term basis;
(c) seamen;
(d) persons coming specifically for purposes of training or education;




- 20-


(e) employees of organizations or undertakings operating within the territory of
a country who have been admitted temporarily to that country at the request
of their employer to undertake specific duties or assignments, for a limited and
defined period of time, and who are required to leave that country on the com-
pletion of their duties or assignments.

Article 12
Each Member shall, by methods appropriate to national conditions and practice-
(a) seek the co-operation of employers' and workers' organizations and other
appropriate bodies in promoting the acceptance and observance of the policy
provided for in Article 10 of this Convention;
(b) enact such legislation and promote such educational programmes as may be
calculated to secure the acceptance and observance of the policy;
(c) take measures, encourage educational programmes and develop other activities
aimed at acquainting migrant workers as fully as possible with the policy, with
their rights and obligations and with activities designed to give effective assistance
to migrant workers in the exercise of their rights and for their protection;
(d) repeal any statutory provisions and modify any administrative instructions or
practices which are inconsistent with the policy;
(e) in consultation with representative organizations of employers and workers,
formulate and apply a social policy appropriate to national conditions and
practice which enables migrant workers and their families to share in advantages
enjoyed by its nationals while taking account, without adversely affecting the
principle of equality of opportunity and treatment, of such special needs as they
may have until they are adapted to the society of the country of employment;
(f) take all steps to assist and encourage the efforts of migrant workers and their
families to preservetheir onaland ethnic identi and theircultural tieswith
their coounm, ot insitfor c rento be ginson e
1:1owlegeo their mother onpe; ..
(g) guaranft equality of-treatment, with regard to working conditions, for all
migrant workers who perform the same activity whatever might be the particular
conditions of their employment.
Article 13
1. A Member may take all necessary measures which fall within its competence
and collaborate with other Members to facilitate the reunification of the families of
all migrant workers legally residing in its territory.
2. The members of the family of the migrant worker to which this Article applies
ffAaYre the spouse and dependent children, father and mother.

Article 14
A Member may-
(a) make the free choice of employment, while assuring migrant workers the right to
geographical mobility, subject to the conditions that the migrant worker has
resided lawfully in its territory for the purpose of employment for a prescribed
period not exceeding two years or, if its laws or regulations provide for contracts
for a fixed term of less than two years, that the worker has completed his first
work contract;





-21-


(b) after appropriate consultation with the representative organizations of employers
and workers, make regulations concerning recognition of occupational qualifica-
tions acquired outside its territory, including certificates and diplomas;
(c) restrict access to limited categories of employment or functions where this is
necessary in the interests of the State.


PART m. FINAL PROVISIONS

Article 15
This Convention does not prevent Members from concluding multilateral or
bilateral agreements with a view to resolving problems arising from its application.

Article 16
1. Any Member which ratifies this Convention may, by a declaration appended
to its ratification, exclude either Part I or Part H from its acceptance of the Con-
vention.
2. Any Member which has made such a declaration may at any time cancel that
declaration by a subsequent declaration.
3. Every Member for which a declaration made under paragraph 1 of this Article
is in force shall indicate in its reports upon the application of this Convention the
position of its law and practice in regard to the provisions of the Part excluded from
its acceptance, the extent to which effect has been given, or is proposed to be given,
to the said provision and the reasons for which it has not yet included them in its
acceptance of the Convention.












RECOMMENDATION (No. 86) CONCERNING MIGRATION
FOR EMPLOYMENT (REVISED 1949)


The General Conference of the International Labour Orga-
nisation,
Having been convened at Geneva by the Governing Body
of the International Labour Office, and having met in
its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with
regard to the revision of the Migration for Employment
Recommendation, 1939, and the Migration for Employ-
ment (Co-operation between States) Recommendation,
1939, adopted by the Conference at its Twenty-fifth Ses-
sion, which are included in the eleventh item on the
agenda of the session, and
Having determined that these proposals shall take the form
of a Recommendation,
adopts this first day of July of the year one thousand nine
hundred and forty-nine the following Recommendation, which
may be cited as the Migration for Employment Recommenda-
tion (Revised), 1949:
The Conference,
Having adopted the Migration for Employment Convention
(Revised), 1949, and
Desiring to supplement its provisions by a Recommendation;
Recommends as follows:

I

1. For the purpose of this Recommendation-
(a) the term "migrant for employment" means a person
who migrates 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 for
employment;
(b) the term "recruitment" means-
(i) the engagement of a person in one territory on
behalf of an employer in another territory, or
(ii) the giving of an undertaking to a person in one
territory to provide him with employment in another
territory,






-23-


together with the making of any arrangements in connec-
tion with the operations mentioned in (i) and (ii) includ-
ing the seeking for and selection of emigrants and the
preparation for departure of the emigrants;
(c) the term "introduction" means any operations for ensur-
ing or facilitating the arrival in or admission to a territory
of persons who have been recruited within the meaning
of subparagraph (b);
(d) the term placing means any operations for the purpose
of ensuring or facilitating the employment of persons
who have been introduced within the meaning of subpara-
graph (c).
2. For the purpose of this Recommendation, references to
the Government or competent authority of a territory of
emigration should be interpreted as referring, in the case of
migrants who are refugees or displaced persons, to any body
established in accordance with the terms of an international
instrument which may be responsible for the protection of
refugees and displaced persons who do not benefit from the
protection.of any Government.
3. This Recommendation does not apply to-
(a) frontier workers;
(b) short-term entry of members of the liberal professions
and artistes; and
(c) seamen.
II
4. (1) It should be the general policy of Members to develop
and utilise all p cities of employment and for this purpose
to'fa citatc e hem-ntenationardistriuton of manpower andin

a..-a surlus_ of manowert se-unnr es toatfheav a
id~fenay. ------
(2) The measures taken by each Member should have due
regard to the manpower situation in the country and the
Government should consult the appropriate organizations of
employers and workers on all general questions concerning
migration for employment.

mi
5. (1) The free service provided in each country to assist
migrants and their families and in particular to provide them
with accurate information should be conducted-
(a) by public authorities; or
(b) by one or more voluntary organizations not conducted
with a view to profit, approved for the purpose by the
public authorities, and subject to the supervision of the
said authorities; or





-24-


(c) partly by the public authorities and partly by one or more
voluntary organizations fulfilling the conditions stated
in subparagraph (b) of this Paragraph.
(2) The service should advise migrants and their families,
in their languages or dialects or at least in a language which
they can understand, on matters relating to emigration, immi-
gration, employment and living conditions, including health
conditions in the place of destination, return to the country of
origin or of emigration, and generally speaking any other ques-
tion which may be of interest to them in their capacity as
migrants.
(3) The service should provide facilities for migrants and
their families with regard to the fulfilment of administrative
formalities and other steps to be taken in connection with the
return of the migrants to the country of origin or of emigration,
should the case arise.
(4) With a view to facilitating the adaptation of migrants,
preparatory courses should, where necessary, be organised to
inform the migrants of the general conditions and the methods
of work prevailing in the country of immigration, and to instruct
them in the language of that country. The countries of
emigration and immigration should mutually-agree to organise
such courses.
6. On request, information should be made available by
Members to the International Labour Office and to other
Members concerning their emigration laws and regulations,
including administrative provisions relating to restrictions on
emigration and facilities granted to emigrants, and appropriate
details concerning the categories of persons wishing to emigrate.
7. On request, information should be made available by
Members to the International Labour Office and to other
Members concerning their immigration laws and regulations,
including administrative provisions, entry permits where needed,
number and occupational qualifications of immigrants desired,
laws and regulations affecting admission of migrants to employ-
ment, and any special facilities granted to migrants and
measures to facilitate their adaptation to the economic and
social organisation of the country of immigration.
8. There should, as far as possible, be a reasonable interval
between the publication and the coming into force of any
measure altering the conditions on which emigration or immi-
gration or the employment of migrants is permitted in order
that these conditions may be notified in good time to persons
who are preparing to emigrate.
9. Provision should be made for adequate publicity to be
given at appropriate stages to the principal measures referred
to in the preceding Paragraph, such publicity to be in the
languages most commonly known to the migrants.





-25-


10. Migration should be facilitated by such measures as
may be appropriate-
(a) to ensure that migrants for employment are provided
in case of necessity with adequate accommodation, food
and clothing on arrival in the country of immigration ;
(b) to ensure, where necessary, vocational training so as to
enable the migrants for employment to acquire the quali-
fications required in the country of immigration ;
(c) to permit, taking into account the limits allowed by
national laws and regulations concerning export and
import of currency, the transfer of such part of the
earnings and savings of migrants for employment as the
migrants may desire;
(d) to arrange, in the case of permanent migration, for the
transfer, where desired, to the country of immigration,
of the capital of migrants for employment, within the
limits allowed by national laws and regulations concerning
export and import of currency;
(e) to provide access to schools for migrants and members of
their families.
11. Migrants and the members of their families should
be assisted in obtaining access to recreation and welfare faci-
lities, and steps should be taken where necessary to ensure that
special facilities'are made available during the initial period of
settlement in the country of immigration.
12. In the case of migrants under Government-sponsored
arrangements for group transfer, medical assistance should be
extended to such migrants in the same manner as provided
for nationals.

IV
13. (1) Where necessary in the interest of the migrant,
Members should require that any intermediary who undertakes
the recruitment, introduction or placing of migrants for
employment on behalf of an employer must obtain a written
warrant from the employer, or some other document proving
that he is acting on the employer's behalf.
(2) This document should be drawn up in, or translated
into, the official language of the country of emigration and
should set forth all necessary particulars concerning the
employer, concerning the nature and scope of the recruitment,
introduction or placing which the intermediary is to undertake,
and concerning the employment offered, including the remune-
ration.
14. (1) The technical selection of migrants for employ-
ment should be carried out in such a way as to restrict migra-
tion as little as possible while ensuring that the migrants are
qualified to perform the required work.





-26-


(2) Responsibility for such selection should be entrusted-
(a) to official bodies; or
(b) where appropriate, to private bodies of the territory
of immigration duly authorised and, where necessary in
the interest of the migrant, supervised by the competent
authority of the territory of emigration.
(3) The right to engage in selection should be subject to
the prior authorisation of the competent authority of the
territory where the said operation takes place, in such cases
and under such conditions as may be prescribed by the laws
and regulations of that territory, or by agreement between the
Government of the territory of emigration and the Govern-
ment of the territory of immigration.
(4) As far as possible, intending migrants for employment
should, before their departure from the territory of emigration,
be examined for purposes of occupational and medical selection
by a representative of the competent authority of the territory
of immigration.
(5) If recruitment takes place on a sufficiently large scale
there should be arrangements for close liaison and consultation
between the competent authorities of the territories of emi-
gration and immigration concerned.
(6) The operations referred to in the preceding subpara-
graphs of this Paragraph should be carried out as near as
possible to the place where the intending migrant is recruited.
15. (1) Provision should be made by agreement for autho-
risation to be granted for a migrant for employment introduced
on a permanent basis to be accompanied or joined by the mem-
bers of his family.
(2) The movement of the members of the family of such
a migrant authorised to accompany or join him should be
specially facilitated by both the country of emigration and the
country of immigration.
(3) For the purposes of this Paragraph, the members of
the family of a migrant for employment should include his
wife and minor children; favourable consideration should be
given to requests for the inclusion of other members of the
family dependent upon the migrant.

V
16. (1)- Migrants for employment authorised to reside in
a territory and the members of their families authorised to
accompany or join them should as far as possible be admitted
to employment in the same conditions as nationals.
(2) In countries in which the employment of migrants is
subject to restrictions, these restrictions should as far as pos-
sible-






- 27 -


(a) cease to be applied to migrants who have regularly resided,
in the country for a period, the length of which should
not, as a rule, exceed five years; and
(b) cease to be applied to the wife and children of an age
to work who have been authorised to accompany or join
the migrant, at the same time as they cease to be applied
to the migrant.
17. In countries where the number of migrants for employ-
ment is sufficiently large, the conditions of employment of
such -workers should be specially supervised, such supervision
being undertaken according to circumstances either by a special
inspection service or by labour inspectors or other officials
specialising in this work.

VI
18. (1) When a migrant for employment has been regu-
larly admitted to the territory of a Member, the said Member
should, as far as possible, refrain from removing such person
or the members of his family from its territory on account of
his lack of means or the state of the employment market, unless
an agreement to this effect has been concluded between the
competent authorities of the emigration and immigration terri-
tories concerned.
(2) Any such agreement should provide-
(a) that the length of time the said migrant has been in the
territory of immigration shall be taken into account and
that in principle no migrant shall be removed who has
been there for more than five years;
(b) that the migrant must have exhausted his rights to unem-
ployment insurance benefit;
(c) that the migrant must have been given reasonable notice
so as to give him time, more particularly to dispose of
his property;
(d) that suitable arrangements shall have been made for his
transport and that of the members of his family;
(e) that the necessary arrangements shall have been made
to ensure that he and the members of his family are
treated in a humane manner; and
(f) that the costs of the return of the migrant and the
members of his family and of the transport of their house-
hold belongings to their final destination shall not fall on
him.
19. Appropriate steps should be taken by the authorities of
the territories concerned to consult the employers' and work-
ers' organizations concerning the operations of recruitment,
introduction and placing of migrants for employment.





-28-


VII
20. When migrants for employment or members of their
families who have retained the nationality of their State of
origin return there, that country should admit such persons to
the benefit of any measures in force for the granting of poor
relief and unemployment relief, and for promoting the re-
employment of the unemployed, by exempting them from the
obligation to comply with any condition as to previous residence
or employment in the country or place.

VI
21. (1) Members should in appropriate cases supplement
the Migration for Employment Convention (Revised), 1949, and
the preceding paragraphs of the present Recommendation by
bilateral agreements, which should specify the methods of
applying the principles set forth in the Convention and in the
Recommendation.
(2) In concluding such agreements, Members should take
into account the provisions of the Model Agreement annexed
to the present Recommendation in framing appropriate clauses
for the organisation of migration for employment and the
regulation of the conditions of transfer and employment of
migrants, including refugees and displaced persons.


(Annex not reproduced)











Recommendation 151


RECOMMENDATION CONCERNING MIGRANT WORKERS

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Sixtieth Session on 4 June 1975, and
Considering that the Preamble of the Constitution of the International Labour
Organisation assigns to it the task of protecting "the interests of workers
when employed in countries other than their own ", and
Recalling the provisions contained in the Migration for Employment Convention
and Recommendation (Revised), 1949, and in the Protection of Migrant
Workers (Underdeveloped Countries) Recommendation, 1955, which deal
with such matters as the preparation and organisation of migration, social
services to be provided to migrant workers and their families, in particular
before their departure and during their journey, equality of treatment as
regards a variety of matters which they enumerate, and the regulation of the
stay and return of migrant workers and their families, and
Having adopted the Migrant Workers (Supplementary Provisions) Convention,
1975, and
Considering that further standards are desirable as regards equality of opportunity
and treatment, social policy in regard to migrants and employment and
residence, and
Having decided upon the adoption of certain proposals with regard to migrant
workers, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-fourth day of June of the year one thousand nine hundred and
seventy-five the following Recommendation, which may be cited as the Migrant
Workers Recommendation, 1975:
1. Members should apply the provisions of this Recommendation within the
framework of a coherent policy on international migration for employment. That
policy should be based upon the economic and social needs of both countries of
origin and countries of employment; it should take account not only of short-term
manpower needs and resources but also of the long-term social and economic con-
sequences of migration for migrants as well as for the communities concerned.

I. EQUALITY O OPPORTUNITY AND TREATMENT

2. Migrant workers and members of their families lawfully within the territory
of a Member should enjoy effective equality of opportunity and treatment with
nationals of the Member concerned in respect of-
(a) access to vocational guidance and placement services;
(b) access to vocational training and employment of their own choice on the basis
of individual suitability for such training or employment, account being taken





-30-

of qualifications acquired outside the territory of and in the country of em-
ployment;
(c) advancement in accordance with their individual character, experience, ability
and diligence;
(d) security of employment, the provision of alternative employment, relief work
and retraining;
(e) remuneration for work of equal value;
(f) conditions of work, including hours of work, rest periods, annual holidays with
pay, occupational safety and occupational health measures, as well as social
security measures and welfare facilities and benefits provided in connection with
employment;
(g) membership of trade unions, exercise of trade union rights and eligibility for
office in trade unions and in labour-management relations bodies, including
bodies representing workers in undertakings;
(h) rights of full membership in any form:of co-operative;
(1) conditions of life, including housing and the benefits of social services and
educational and health facilities.
3. Each Member should ensure the application of the principles set forth in
Paragraph 2 of this Recommendation in all activities under the control of a public
authority and promote its observance in all other activities by methods appropriate
to national conditions and practice.
4. Appropriate measures should be taken, with the collaboration of employers'
and workers' organizations and other bodies concerned, with a view to-
(a) fostering public understanding and acceptance of the above-mentioned principles;
(b) examining complaints that these principles are not being observed and securing
the correction, by conciliation or other appropriate means, of any practices
regarded as in conflict therewith.
5. Each Member should ensure that national laws and regulations concerning
residence in its territory are so applied that the lawful exercise of rights enjoyed in
pursuance of these principles cannot be the reason for non-renewal of a residence
permit or for expulsion and is not inhibited by the threat of such measures.
6. A Member may-
(a) make the free choice of employment, while assuring migrant workers the right
to geographical mobility, subject to the conditions that the migrant worker has
resided lawfully in its territory for the purpose of employment for a prescribed
period not exceeding two years or, if its laws or regulations provide for contracts
for a fixed term of less than two years, that the worker has completed his first
work contract;
(b) after appropriate consultation with the representative organizations of employers
and workers, make regulations concerning recognition of occupational qualifi-
cations acquired outside its territory, including certificates and diplomas;
(c) restrict access to limited categories of employment or functions where this is
necessary in the interests of the State.
7. (1) In order to enable migrant workers and their families to take full advantage
of their rights and opportunities in employment and occupation, such measures as may
be necessary should be taken, in consultation with the representative organizations
of employers and workers-





-31-


(a) to inform them, as far as possible in their mother tongue or, if that is not possible,
in a language with which they are familiar, of their rights under, national law and
practice as regards the matters dealt with in Paragraph 2 of this Recommendation;
(b) to advance their knowledge of the language or languages of the country of em-
ployment, as far as possible during paid time;
(c) generally, to promote their adaptation to the society of the country of em-
ployment and to assist and encourage the efforts of migrant workers and their
families to preserve their national and ethnic identity and their cultural ties with
their country of origin, including the possibility for children to be given some
knowledge of their mother tongue.
(2) Where agreements concerning the collective recruitment of workers have
been concluded between Members, they should jointly take the necessary measures
before the migrants' departure from their country of origin to introduce them to the
language of the country of employment and also to its economic, social and cultural
environment.
8. (1) Without prejudice to measures designed to ensure that migrant workers
and their families enter national territory and are admitted to employment in con-
formity with the relevant laws and regulations, a decision should be taken as soon as
possible in cases in which these laws and regulations have not been respected so that
the migrant worker should know whether his position can be regularised or not.
(2) Migrant workers whose position has been regularised should benefit from all
rights which, in accordance with Paragraph 2 of this Recommendation, are provided
for migrant workers lawfully within the territory of a Member.
(3) Migrant workers whose position has not been or could not be regularised
should enjoy equality of treatment for themselves and their families in respect of
rights arising out of present and past employment as regards remuneration, social
security and other benefits as well as regards trade union membership and exercise
of trade union rights.
(4) In case of dispute about the rights referred to in the preceding subparagraphs,
the worker should have the possibility of presenting his case to a competent body,
either himself or through a representative.
(5) In case of expulsion of the worker or his family, the cost should not be borne
by them.
I. SOCIAL PoucY

9. Each Member should, in consultation with representative organizations of
employers and workers, formulate and apply a social policy appropriate to national
conditions and practice which enables migrant workers and their families to share in
advantages enjoyed by its nationals while taking account, without adversely affecting
the principle of equality of opportunity and treatment, of such special needs as they
may have until they are adapted to the society of the country of employment.
10. With a view to making the policy as responsive as possible to the real needs of
migrant workers and their families, it should be based, in particular, on an examination
not only of conditions in the territory of the Member but also of those in the coun-
tries of origin of the migrants.
11. The policy should take account of the need to spread the social cost of
migration as widely and equitably as possible over the entire collectivity of the country
of employment, and in particular over those who profit most from the work of
migrants.





-32-


12. The policy should be periodically reviewed and evaluated and where necessary
revised.
A. Reunification of Families
13. (1) All possible measures should be taken both by countries of employment
and by countries of origin to facilitate the reunification of families of migrant workers
as rapidly as possible. These measures should include, as necessary, national laws or
regulations and bilateral and multilateral arrangements.
(2) A prerequisite for the reunification of families should be that the worker has,
for his family, appropriate accommodation which meets the standards normally
applicable to nationals of the country of employment.
14. Representatives of all concerned, and in particular of employers and workers,
should be consulted on the measures to be adopted to facilitate the reunification of
families and their co-operation sought in giving effect thereto.
15. For the purpose of the provisions of this Recommendation relating to the
reunification of families, the family of the migrant worker should include the spouse
and dependent children, father and mother.
16. With a view to facilitating the reunification of families as quickly as possible
in accordance with Paragraph 13 of this Recommendation, each Member should take
full account of the needs of migrant workers and their families in particular in its
policy regarding the construction of family housing, assistance in obtaining this
housing and the development of appropriate reception services.
17. Where a migrant worker who has been employed for at least one year in a
country of employment cannot be joined by his family in that country, he should be
entitled-
(a) to visit the country of residence of his family during the paid annual holiday to
which he is entitled under the national law and practice of the country of employ-
ment without losing during the absence from that country any acquired rights
or rights in course of acquisition and, particularly, without having his employ-
ment terminated or his right to residence in the country of employment with-
drawn during that period; or
(b) to be visited by his family for a period corresponding at least to the annual
holiday with pay to which he is entitled.
18. Consideration should be given to the possibility of giving the migrant worker
financial assistance towards the cost of the travel envisaged in the preceding Para-
graph or a reduction in the normal cost of transport, for instance by the arrangement
of group travel.
19. Without prejudice to more favourable provisions which may be applicable
to them, persons admitted in pursuance of international arrangements for free
movement of labour should have the benefit of the measures provided for in Para-
graphs 13 to 18 of this Recommendation.

B. Protection of the Health of Migrant Workers
20. All appropriate measures should be taken to prevent any special health risks
to which migrant workers may be exposed.
21. (1) Every effort should be made to ensure that migrant workers receive
training and instruction in occupational safety and occupational hygiene in con-





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nection with their practical training or other work preparation and, as far as possible,
as part thereof.
(2) In addition, a migrant worker should, during paid working hours and immedi-
ately after beginning his employment, be provided with sufficient information in his
mother tongue or, if that is not possible, in a language with which he is familiar, on
the essential elements of laws and regulations and on provisions of collective agree-
ments concerning the protection of workers and the prevention of accidents as well
as on safety regulations and procedures particular to the nature of the work.
22. (1) Employers should take all possible measures so that migrant workers may
fully understand instructions, warnings, symbols and other signs relating to safety
and health hazards at work.
(2) Where, on account of the migrant workers' lack of familiarity with processes,
language difficulties or other reasons, the training or instruction given to other
workers is inadequate for them, special measures which ensure their full under-
standing should be taken.
(3) Members should have laws or regulations applying the principles set out in
this Paragraph and provide that where employers or other persons or organizations
having responsibility in this regard fail to observe such laws or regulations, admin-
istrative, civil and penal sanctions might be imposed.

C. Social Services
23. In accordance with the provisions of Paragraph 2 of this Recommendation,
migrant workers and their families should benefit from the activities of social services
and have access thereto under the same conditions as nationals of the country of
employment.
24. In addition, social services should be provided which perform, in particular,
the following functions in relation to migrant workers and their families-
(a) giving migrant workers and their families every assistance in adapting to the
economic, social and cultural environment of the country of employment;
(b) helping migrant workers and their families to obtain information and advice
from appropriate bodies, for instance by providing interpretation and translation
services; to comply with administrative and other formalities; and to make full
use of services and facilities provided in such fields as education, vocational
training and language training, health services and social security, housing,
transport and recreation: Provided that migrant workers and their families
should as far as possible have the right to communicate with public authorities
in the country of employment in their own language or in a language with which
they are familiar, particularly in the context of legal assistance and court pro-
ceedings;
(c) assisting authorities and bodies with responsibilities relating to the conditions
of life and work of migrant workers and their families in identifying their needs
and in adapting thereto;
(d) giving the competent authorities information and, as appropriate, advice
regarding the formulation, implementation and evaluation of social policy with
respect to migrant workers;
(e) providing information for fellow workers and foremen and supervisors about
the situation and the problems of migrant workers.
25. (1) The social services referred to in Paragraph 24 of this Recommendation
may be provided, as appropriate to national conditions and practice, by public





-34-


authorities, by approved non-profit-making organizations or bodies, or by a combina-
tion of both. The public authorities should have the over-all responsibility of ensuring
that these social services are at the disposal of migrant workers and their families.
(2) Full use should be made of services which are or can be provided by authori-
ties, organizations and bodies serving the nationals of the country of employment,
including employers' and workers' organizations.
26. Each Member should take such measures as may be necessary to ensure that
sufficient resources and adequately trained staff are available for the social services
referred to in Paragraph 24 of this Recommendation.
27. Each Member should promote co-operation and co-ordination between
different social services on its territory and, as appropriate, between these services
and corresponding services in other countries, without, however, this co-operation
and co-ordination relieving the States of their responsibilities in this field.
28. Each Member should organise and encourage the organisation, at the national,
regional or local level, or as appropriate in a branch of economic activity employing
substantial numbers of migrant workers, of periodic meetings for the exchange of
information and experience. Consideration should also be given to the exchange of
information and experience with other countries of employment as well as with the
countries of origin of migrant workers.
29. Representatives of all concerned and in particular of employers and workers
should be consulted on the organisation of the social services in question and their
co-operation sought in achieving the purposes aimed at.

m. EMPLOYMENT AND RESIDENCE

30. In pursuance of the provision of Paragraph 18 of the Migration for Employ-
ment Recommendation (Revised), 1949, that Members should, as far as possible,
refrain from removing from their territory, on account of lack of means or the state
of the employment market, a migrant worker regularly admitted thereto, the loss by
such migrant worker of his employment should not in itself imply the withdrawal of
his authorisation of residence.
31. A migrant who has lost his employment should be allowed sufficient time to7
find alternative employment, at least for a period corresponding to that during
which he may be entitled to unemployment benefit; the authorisation of residence
should be extended accordingly.
32. (1) A migrant worker who has lodged an appeal against the termination of his
employment, under such procedures as may be available, should be allowed sufficient
time to obtain a final decision thereon.
(2) If it is established that the termination of employment was not justified, the
migrant worker should be entitled, on the same terms as national workers, to rein-
statement, to compensation for loss of wages or of other payment which results from
unjustified termination, or to access to a new job with a right to indemnification.
If he is not reinstated, he should be allowed sufficient time to find alternative
employment.
33. A migrant worker who is the object of an expulsion order should have a right
of appeal before an administrative or judicial instance, according to conditions laid
down in national laws or regulations. This appeal should stay the execution of the
expulsion order, subject to the duly substantiated requirements of.national security





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or public order. The migrant worker should have the same right to legal assistance
as national workers, and have the possibility of being assisted by an interpreter.
34. (1) A migrant worker who leaves the country of employment should be
entitled, irrespective of the legality of his stay therein-
(a) to any outstanding remuneration for work performed, including severance
payments normally due;
(b) to benefits which may be due in respect of any employment injury suffered;
(c) in accordance with national practice-
(i) to compensation in lieu of any holiday entitlement acquired but not used;
(ii) to reimbursement of any social security contributions which have not given
and will not give rise to rights under national laws or regulations or inter-
national arrangements: Provided that where social security contributions do
not permit entitlement to benefits, every effort should be made with a view to
the conclusion of bilateral or multilateral agreements to protect the rights
of migrants.
(2) Where any claim covered in subparagraph (1) of this Paragraph is in dispute,
the worker should be able to have his interests represented before the competent body
and enjoy equal treatment with national workers as regards legal assistance.




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