Section 118p. 118

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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

organisations

of

employers

and

workers shall be consulted in regard to the laws and

regulations and other measures provided for in this

Convention and designed to prevent and eliminate the

abuses referred to above, and the possibility of their

taking initiatives for this purpose shall be recognised.

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 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 enjoy equality of treatment with

nationals in respect in particular of guarantees of security

of employment, the provision of alternative employment,

relief work 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 himself 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 II. EQUALITY OF OPPORTUNITY AND TREATMENT

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

appropriate 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;

(e) 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 on the completion 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'

organisations 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 organisations 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 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;

(g)

guarantee

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 are 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;

(b) after appropriate consultation with the representative

organisations

of

employers

and

workers,

make

regulations

concerning

recognition

of

occupational

qualifications

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 III. FINAL PROVISIONS

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