International Convention on the Protection of the Rights of all Migrant

 

Article 53

1. Members of a migrant worker’s family who have themselves an
authorization of residence or admission that is without limit of time or
is automatically renewable shall be permitted freely to choose their
remunerated activity under the same conditions as are applicable to the
said migrant worker in accordance with article 52 of the present
Convention.

2. With respect to members of a migrant worker’s family who are not
permitted freely to choose their remunerated activity, States Parties
shall consider favourably granting them priority in obtaining permission
to engage in a remunerated activity over other workers who seek admission
to the State of employment, subject to applicable bilateral and
multilateral agreements.

Article 54

1. Without prejudice to the terms of their authorization of residence
or their permission to work and the rights provided for in articles 25
and 27 of the present Convention, migrant workers shall enjoy equality of
treatment with nationals of the State of employment in respect of:

(a) Protection against dismissal;

(b) Unemployment benefits;

(c) Access to public work schemes intended to combat unemployment;

(d) Access to alternative employment in the event of loss of work or
termination of other remunerated activity, subject to article 52 of the
present Convention.

2. If a migrant worker claims that the terms of his or her work
contract have been violated by his or her employer, he or she shall have
the right to address his or her case to the competent authorities of the
State of employment, on terms provided for in article 18, paragraph 1, of
the present Convention.

Article 55

Migrant workers who have been granted permission to engage in a
remunerated activity, subject to the conditions attached to such
permission, shall be entitled to equality of treatment with nationals of
the State of employment in the exercise of that remunerated activity.

Article 56

1. Migrant workers and members of their families referred to in the
present part of the Convention may not be expelled from a State of
employment, except for reasons defined in the national legislation of
that State, and subject to the safeguards established in part III.

2. Expulsion shall not be resorted to for the purpose of depriving a
migrant worker or a member of his or her family of the rights arising out
of the authorization of residence and the work permit.

3. In considering whether to expel a migrant worker or a member of
his or her family, account should be taken of humanitarian considerations
and of the length of time that the person concerned has already resided
in the State of employment.

PART V

Provisions applicable to particular categories
of migrant workers and members of their families

Article 57

The particular categories of migrant workers and members of their
families specified in the present part of the Convention who are
documented or in a regular situation shall enjoy the rights set forth in
part III and, except as modified below, the rights set forth in part IV.

Article 58

1. Frontier workers, as defined in article 2, paragraph 2 (a), of the
present Convention, shall be entitled to the rights provided for in part
IV that can be applied to them by reason of their presence and work in
the territory of the State of employment, taking into account that they
do not have their habitual residence in that State.

2. States of employment shall consider favourably granting frontier
workers the right freely to choose their remunerated activity after a
specified period of time. The granting of that right shall not affect
their status as frontier workers.

Article 59

1. Seasonal workers, as defined in article 2, paragraph 2 (b), of the
present Convention, shall be entitled to the rights provided for in part
IV that can be applied to them by reason of their presence and work in
the territory of the State of employment and that are compatible with
their status in that State as seasonal workers, taking into account the
fact that they are present in that State for only part of the year.

2. The State of employment shall, subject to paragraph 1 of the
present article, consider granting seasonal workers who have been
employed in its territory for a significant period of time the
possibility of taking up other remunerated activities and giving them
priority over other workers who seek admission to that State, subject to
applicable bilateral and multilateral agreements.

Article 60

Itinerant workers, as defined in article 2, paragraph 2 (e), of the
present Convention, shall be entitled to the rights provided for in part
IV that can be granted to them by reason of their presence and work in
the territory of the State of employment and that are compatible with
their status as itinerant workers in that State.

Article 61

1. Project-tied workers, as defined in article 2, paragraph 2 (f), of
the present Convention, and members of their families shall be entitled
to the rights provided for in part IV except the provisions of article
43, paragraphs 1 (b) and (c), article 43, paragraph 1 (d), as it pertains
to social housing schemes, article 45, paragraph 1 (b), and articles 52
to 55.

2. If a project-tied worker claims that the terms of his or her work
contract have been violated by his or her employer, he or she shall have
the right to address his or her case to the competent authorities of the
State which has jurisdiction over that employer, on terms provided for in
article 18, paragraph 1, of the present Convention.

3. Subject to bilateral or multilateral agreements in force for them,
the States Parties concerned shall endeavour to enable project-tied
workers to remain adequately protected by the social security systems of
their States of origin or habitual residence during their engagement in
the project. States Parties concerned shall take appropriate measures
with the aim of avoiding any denial of rights or duplication of payments
in this respect.

4. Without prejudice to the provisions of article 47 of the present
Convention and to relevant bilateral or multilateral agreements, States
Parties concerned shall permit payment of the earnings of project-tied
workers in their State of origin or habitual residence.

Article 62

1. Specified-employment workers as defined in article 2, paragraph 2
(g), of the present Convention, shall be entitled to the rights provided
for in part IV, except the provisions of article 43, paragraphs 1 (b) and
(c), article 43, paragraph 1 (d), as it pertains to social housing
schemes, article 52, and article 54, paragraph 1 (d).

2. Members of the families of specified-employment workers shall be
entitled to the rights relating to family members of migrant workers
provided for in part IV of the present Convention, except the provisions
of article 53.

Article 63

1. Self-employed workers, as defined in article 2, paragraph 2 (h),
of the present Convention, shall be entitled to the rights provided for
in part IV with the exception of those rights which are exclusively
applicable to workers having a contract of employment.

2. Without prejudice to articles 52 and 79 of the present Convention,
the termination of the economic activity of the self-employed workers
shall not in itself imply the withdrawal of the authorization for them or
for the members of their families to stay or to engage in a remunerated
activity in the State of employment except where the authorization of
residence is expressly dependent upon the specific remunerated activity
for which they were admitted.

PART VI

Promotion of sound, equitable, humane and lawful conditions
in connection with international migration of workers
and members of their families

Article 64

1. Without prejudice to article 79 of the presen Convention, the
States Parties concerned shall asappropriate consult and co-operate with
a view to promoting sound, equitable and humane conditions in connection
with international migration of workers and members of their families.

2. In this respect, due regard shall be paid not only to labour needs
and resources, but also to the social, economic, cultural and other needs
of migrant workers and members of their families involved, as well as to
the consequences of such migration for the communities concerned.

Article 65

1. States Parties shall maintain appropriate services to deal with
questions concerning international migration of workers and members of
their families. Their functions shall include, inter alia:

(a) The formulation and implementation of policies regarding such
migration;

(b) An exchange of information, consultation and co-operation with the
competent authorities of other States Parties involved in such migration;

(c) The provision of appropriate information, particularly to
employers, workers and their organizations on policies, laws and
regulations relating to migration and employment, on agreements concluded
with other States concerning migration and on other relevant matters;

(d) The provision of information and appropriate assistance to migrant
workers and members of their families regarding requisite authorizations
and formalities and arrangements for departure, travel, arrival, stay,
remunerated activities, exit and return, as well as on conditions of work
and life in the State of employment and on customs, currency, tax and
other relevant laws and regulations.

2. States Parties shall facilitate as appropriate the provision of
adequate consular and other services that are necessary to meet the
social, cultural and other needs of migrant workers and members of their
families.

 

Author: international

Mentioned in these Entries

International Convention on the Protection of the Rights of all Migrant.