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Rights of Migrant Workers

Rights of Migrant Workers. DPA Naidu Senior Specialist on Workers’ Activities ILO SRO-Manila. The rights of migrant workers as laid down in the relevant International Labour Conventions & Recommendations.

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Rights of Migrant Workers

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  1. Rights of Migrant Workers DPA Naidu Senior Specialist on Workers’ Activities ILO SRO-Manila

  2. The rights of migrant workers as laid down in the relevant International Labour Conventions & Recommendations • There are may rights and freedoms in International labour Conventions and Recommendations that are relevant to migrant workers • The rights and freedoms that are laid down in the following Conventions and Recommendations complement or supplement one or more of the other Conventions and/or Recommendations, and are of general application to the great majority of today’s ordinary migrant workers

  3. Convention 97 • Migration for Employment Convention (Revised), 1949 • Recommendation 86 • Migration for Employment Recommendation (Revised), 1949 • Recommendation 100 • Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 • Convention 143 • Migrant Workers (Supplementary Provisions) Convention, 1975 • Recommendation 151 • Migrant Workers Recommendation, 1975

  4. The various rights and freedoms included in these Conventions and Recommendations can be classified under five broad categories, each referring or applicable to different contexts in the migrant process • Before leaving the home country and during the journey to the new country • On arrival • During employment • Social and Civil rights • Repatriation

  5. All the rights and freedoms embodied in these Conventions and Recommendations are equally applicable to the plantation workers. In addition Convention No. 110, concerning conditions of employment plantation workers (1958) in Part II, affords certain special protection to plantation workers against exploitation and abuses by recruiters and agents. • Before we look at these various rights and freedoms, we should know who a MIGRANT WORKER IS.

  6. Who is a migrant worker? • General definition: • “MIGRANT WORKER” means “A person who migrants 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 for employment.”

  7. Exclusions • One or more of the following groups are excluded from the relevant Conventions and Recommendations: • Frontier workers • Artists and Members of Liberal Professions who have entered the country on a short term basis • Seafarers • Self-employed persons • Persons coming specifically for purposes of training or education

  8. Exclusions…. • Employees of organisations 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 or completion of their duties or assignments • Workers who stay in a country illegally

  9. Rights of migrant workers employed in plantations Applicable International Labour Standards • Convention 97 • Migration for Employment Convention (Revised) 1949 • Recommendation 86 • Migration for Employment Recommendation (Revised), 1949 • Recommendation 100 • Protection of Migrant Workers (Under-developed Countries) Recommendation, 1955

  10. Convention 143 • Migrant Workers (Supplementary Provisions) Convention, 1975 • Recommendation 151 • Migrant Workers Recommendation, 1975 • Convention 110 • Plantations, 1958

  11. A. Applicable rights and freedoms before leaving home country and during journey to new country • Information about employment opportunities and working and living conditions • Right to know before leaving the home country general conditions of work and life in the intended country of work (R.86-Para 5(2), Also Footnote 3)

  12. A. Applicable rights and freedoms before leaving home country and during journey to new country……… • Recruitment • Protection against possible forms of exploitation by recruiting agents or prospective employers (C.97, Article 3; C.97, Appendix I, Article 3, and Appendix II, Article 3)

  13. A. Applicable rights and freedoms before leaving home country and during journey to new country……… • Contracts • Contract of employment setting out rate of pay and conditions of work and terms of employment (C.97, Appendix I, Art. 5; Appendix II, Art. 6, and R. 86, Model Agreement Art. 22)

  14. A. Applicable rights and freedoms before leaving home country and during journey to new country……… • Facilitated departure • Facilities and assistance from public authorities in dealing with documentary and other formalities (C.97, Art. 2, C.97, Appendix I, Art. 4 and 6, and Appendix II, Art. 4 and 7)

  15. A. Applicable rights and freedoms before leaving home country and during journey to new country……… • Medical attention • Medical examination and attention for migrant worker and family members before departure, during journey and on arrival (C.97, Art. 5; R.86, Para 12 and 14, R. 100, Para 8)

  16. A. Applicable rights and freedoms before leaving home country and during journey to new country……… • Free travel • Not an absolute right, employer or recruiter is expected to pay cost of travel to migrant and, in appropriate cases, to family members (R.100, Para 7)

  17. B. Applicable rights and freedoms on arrival • Customs exemption • Take into the country of work personal effects, including those of family members, authorised to accompany them, as well as tools of their trades free of customs duty (C.97, Appendix III, Art. 1)

  18. B. Applicable rights and freedoms on arrival……. • Assistance in finding suitable employment • Free of administrative costs or without payment of fees for services, appropriate public authorities to provide assistance in finding suitable employment (R. 151, Para 2(a) in conjunction with C.97, Art. 2, also C.97, Appendix II, Art. 9 and 10)

  19. B. Applicable rights and freedoms on arrival……. • Settling in • Assistance to facilities in settling down in the new environment, with documentation, interpretation and other formalities on such matters as housing, etc. (C.97, Art. 6(1)(a)(iii); C.97, Appendix I, Art. 6 (c), and Appendix II, Art. (7(c), R. 100, Para 21 and 22)

  20. C. Applicable rights and freedoms during employment • Wages and other terms of employment • Equality with the national of the country of work to minimum wage rates, hours of work, rest periods, holidays with pay, welfare facilities, and other benefits. Payment in kind should be within limits fixed by concerned authorities (C.97, Art. 6(1)(a)(i); R. 100, Para 23, 25, and 36; R. 151, Para 2)

  21. C. Applicable rights and freedoms during employment…… • Working conditions • Equality of treatment in respect of working conditions – including those designed specially for women and young workers [C.143, Art. 12(g)] • Job security • Equality of treatment in respect of matters connected with job security – including those concerning redundancy and related matters [C.143, Art. 8; R. 151, Para 2(d)]

  22. C. Applicable rights and freedoms during employment…… • Promotion • Promotional prospects to be same as for nationals of the country of work [R. 100, Para 38, 39 and 40; R. 15, Para 2(c)] • Social security • Social security benefits to be the same as those applicable to the nationals on such matters as employment injury, maternity, sickness, invalidity, old age, death, etc. (C.118, C.97, Art. 6 (1)(b); R. 100, Para 45, 46 and 47, C. 143, Art. 10, R. 151, Para 34, C. 157, R. 167)

  23. C. Applicable rights and freedoms during employment…… • Health and safety • Special protection in respect of health and safety, especially protection against illness to which they were not exposed in their country; advice and help with psychological problems arising from unfamiliar working and living environment; and on prevention of occupational accidents and diseases (R.100, Para 45 and 46; R. 151, Para 20, 21 and 22)

  24. C. Applicable rights and freedoms during employment…… • Trade union rights • The basic freedoms and rights respecting freedom of association and collective bargaining, particularly those covered by Conventions No. 87 and 98, and the special provisions applicable to migrant workers, to be respected by countries employing migrant workers and, accordingly, the trade union rights of local workers to be extended to migrant workers, as well [C.87; C.97, Art. 6(1)(a)(ii); C.98, C.135, R. 143, C.141, R. 149, C.143, Art. 10; R. 151, Para 2(g)]

  25. C. Applicable rights and freedoms during employment…… • Access to courts • Access to courts to be made available to migrant workers in the same way as nationals, to settle grievances arising from working conditions, trade union rights and social security (C.97, Art. 6(i)(d); C.143, Art. 9(2); R. 151, Para 33 and 18; R. 100, Para 38, 39 and 40; C.143, Art. 14(a) and (c); R. 151, Para 2(b) and (d); Also C.97, Art. 8 and R. 151, Para 31)

  26. C. Applicable rights and freedoms during employment…… • Access to other jobs and vocational training • In addition to the right to a job suited to one’s qualification, access to vocational training and other jobs to be made available to migrant workers, subject to reasonable restrictions imposed by Governments regarding recruitment to certain civil service posts

  27. C. Applicable rights and freedoms during employment…… • Freedom of movement • Freedom of movement, within country of work, to be assured to migrant workers, subject to same limitations as applicable to nationals (C. 143, Art. 14(a)

  28. J. Applicable social and civil rights • Education and culture • Equality of treatment with respect to education – including facilities to learn the language of the country where they work. Children to be given facilities to learn mother tongue • Culture – while maintaining their own culture, to participate in the cultural life of the country where they work on the basis of equality with the nationals of that country (R. 100, Para 49(d) and (e); C. 143, Art. 12(f); R. 151, Para 7)

  29. J. Applicable social and civil rights …… • Transfer of funds to home country • Subject to normal limits on import/export of currencies, transfer of such part of earnings and savings as they wish to contribute to the welfare of the members of the family in home country (C.97, Art. 9)

  30. J. Applicable social and civil rights …… • Family reunification and visits • No absolute right – but it is recommended by the relevant ILO standards • Migrants workers to be allowed to visit their families, after at least one year • Alternatively, family to be allowed to visit the worker for corresponding period (C.143, Art. 13, R. 151, Para 13, 14, 15, 16, 17, 18 and 19)

  31. J. Applicable social and civil rights …… • Advisory services • Competent authority to provide advise and assistance, free-of-charge, including information on social matters, and aid from the social services, possibly in the mother tongue or with interpretation and translation (C.97, Art. 2, R. 151, Para 7(1) and 24)

  32. E. Repatriation • Appeal against arbitrary decisions • Right of appeal against decision to terminate employment or to deprive resident status. If successful, right to reinstatement/ compensation, same right to legal aid, as applicable to national workers (C.151, Para 32, 33 and 34)

  33. E. Repatriation …. • Travel costs • No absolute right to free travel back to home country. But, if the migrant worker fails to secure the employment for which he was selected for no fault of his, he will not have to pay cost of his return or that of family members (C.97, Art. 9(1) and (2); R. 151, Para 33 and 34)

  34. E. Repatriation …. • Assistance with arrangements • Right to assistance in recovering outstanding remuneration, severance pay, compensation for holiday, etc. Equal treatment to be accorded as applicable to national workers (C.97, Art. 9(1) and (2); R. 151, Para 33 and 34)

  35. E. Repatriation …. • Rights of returning migrant in home country • On return to country of origin, migrant workers have right to assistance. Entitled to unemployment benefit, if it exits; assistance in obtaining work; right to social security acquired in the course of employment abroad; exemption from customs duty on personal possessions, etc. (C.97, Appendix III, Art. 2; R. 86, Para 20)

  36. Special protection to migrant workers employed in the plantations • Protects migrant workers against exploitation and abuse by recruiters • Upon recruitment migrant workers to be produced before public authorities • Migrant workers to be medically examined. If medically unfit worker and family to be repatriated by recruiter (C.110, Part II)

  37. List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97

  38. List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97

  39. List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97

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