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

2. 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 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 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. 3 Convention 97 Convention 97 Migration for Employment Convention (Revised), 1949 Migration for Employment Convention (Revised), 1949 Recommendation 86 Recommendation 86 Migration for Employment Recommendation (Revised), 1949 Migration for Employment Recommendation (Revised), 1949 Recommendation 100 Recommendation 100 Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 Convention 143 Convention 143 Migrant Workers (Supplementary Provisions) Convention, 1975 Migrant Workers (Supplementary Provisions) Convention, 1975 Recommendation 151 Recommendation 151 Migrant Workers Recommendation, 1975 Migrant Workers Recommendation, 1975

4. 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 Before leaving the home country and during the journey to the new country On arrival On arrival During employment During employment Social and Civil rights Social and Civil rights Repatriation Repatriation

5. 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. 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. Before we look at these various rights and freedoms, we should know who a MIGRANT WORKER IS.

6. 6 Who is a migrant worker? General definition: 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.” “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. 7 Exclusions One or more of the following groups are excluded from the relevant Conventions and Recommendations: One or more of the following groups are excluded from the relevant Conventions and Recommendations: Frontier workers Frontier workers Artists and Members of Liberal Professions who have entered the country on a short term basis Artists and Members of Liberal Professions who have entered the country on a short term basis Seafarers Seafarers Self-employed persons Self-employed persons Persons coming specifically for purposes of training or education Persons coming specifically for purposes of training or education

8. 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 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 Workers who stay in a country illegally

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

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

11. 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 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) 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. 12 A. Applicable rights and freedoms before leaving home country and during journey to new country……… Recruitment 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) 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. 13 A. Applicable rights and freedoms before leaving home country and during journey to new country……… Contracts 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) 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. 14 A. Applicable rights and freedoms before leaving home country and during journey to new country……… Facilitated departure 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) 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. 15 A. Applicable rights and freedoms before leaving home country and during journey to new country……… Medical attention 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) 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. 16 A. Applicable rights and freedoms before leaving home country and during journey to new country……… Free travel 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) 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. 17 B. Applicable rights and freedoms on arrival Customs exemption 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) 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. 18 B. Applicable rights and freedoms on arrival……. Assistance in finding suitable employment 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) 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. 19 B. Applicable rights and freedoms on arrival……. Settling in 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) 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. 20 C. Applicable rights and freedoms during employment Wages and other terms of 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) 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. 21 C. Applicable rights and freedoms during employment…… Working conditions Working conditions Equality of treatment in respect of working conditions – including those designed specially for women and young workers [C.143, Art. 12(g)] Equality of treatment in respect of working conditions – including those designed specially for women and young workers [C.143, Art. 12(g)] Job security 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)] 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. 22 C. Applicable rights and freedoms during employment…… Promotion 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)] 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 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) 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. 23 C. Applicable rights and freedoms during employment…… Health and safety 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) 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. 24 C. Applicable rights and freedoms during employment…… Trade union rights 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)] 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. 25 C. Applicable rights and freedoms during employment…… Access to courts 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) 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. 26 C. Applicable rights and freedoms during employment…… Access to other jobs and vocational training 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 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. 27 C. Applicable rights and freedoms during employment…… Freedom of movement 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) 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. 28 J. Applicable social and civil rights Education and culture 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 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) 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. 29 J. Applicable social and civil rights …… Transfer of funds to home country 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) 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. 30 J. Applicable social and civil rights …… Family reunification and visits Family reunification and visits No absolute right – but it is recommended by the relevant ILO standards 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 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 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) (C.143, Art. 13, R. 151, Para 13, 14, 15, 16, 17, 18 and 19)

31. 31 J. Applicable social and civil rights …… Advisory services 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 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) (C.97, Art. 2, R. 151, Para 7(1) and 24)

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

33. 33 E. Repatriation …. Travel costs 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 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) (C.97, Art. 9(1) and (2); R. 151, Para 33 and 34)

34. 34 E. Repatriation …. Assistance with arrangements 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 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) (C.97, Art. 9(1) and (2); R. 151, Para 33 and 34)

35. 35 E. Repatriation …. Rights of returning migrant in home country 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. 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) (C.97, Appendix III, Art. 2; R. 86, Para 20)

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

37. 37 List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97 Date of entry into force: 22.1.1952 41 ratifications Algeria (Excluded the provisions of Annex II 19.10.1962 Bahamas (Excluded the provisions of Annexes I to III) 25.5.1976 Barbados (Excluded the provisions of Annexes I to III 8.5.1967 Belgium27.7.1953 Belize15.12.1983 Bosnia and Herzegovina (Excluded the provisions of Annex III) 2.6.1993 Brazil18.6.1965 Burkina Faso 9.6.1961 Cameroon (Excluded the provisions of Annexes I to III) 3.9.1962 Cuba29.4.1952 Cyprus (Excluded the provisions of Annexes I and III 23.9.1960 Dominica (Excluded the provisions of Annexes I to III) 28.2.1983 Ecuador (Excluded the provisions of Annexes I to III) 5.4.1978 France (Excluded the provisions of Annex II) 29.3.1954 Germany22.6.1959 Grenada (Excluded the provisions of Annexes I to III) 9.7.1979 Guatemala13.2.1952

38. 38 List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97 Date of entry into force: 22.1.1952 41 ratifications Guyana (Excluded the provisions of Annexes I to III) 8.6.1966 Italy22.10.1952 Jamaica (Excluded the provisions of Annexes I to III) 26.12.1962 Kenya (Excluded the provisions of Annexes I to III) 30.11.1965 Malawi Sabah (Excluded the provisions of Annexes I to III) 3.3.1964 Mauritius (Excluded the provisions of Annexes I to III) 2.12.1969 Netherlands20.5.1952 New Zealand (Excluded the provisions of Annex II) 10.11.1950 Nigeria (Excluded the provisions of Annexes I to III) 17.10.1960 Norway17.2.1955 Portugal12.12.1978 Saint Lucia (Excluded the provisions of Annexes I to III) 14.5.1980 Slovenia (Excluded the provisions of Annex III) 29.5.1992 Spain21.3.1967 Zanzibar (Excluded the provisions of Annexes I to III) 22.6.1964 The former Yogoslav Republic Macedonia 17.11.1991 Trinidad and Tobago (Excluded the provisions of Annexes I to III) 24.5.1963

39. 39 Date of entry into force: 22.1.195241 ratifications Uruguay18.3.1954 Venezuela9.6.1983 Yogoslavia (Excluded the provisions of Annexes I to III)24.11.2000 Zambia (Excluded the provisions of Annexes I to III)2.12.1964 List of Ratifications of International Labour Conventions Migration of Employment Convention (Revised), 1949 Convention No. 97