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Migration for Employment Convention (Revised), 1949 (No. 97) - Montserrat

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Articles 2 and 4 of the Convention. Provision of information and assistance. Referring to its previous request, the Committee notes the information provided by the Government in its report that free services including a “travel letter” are provided to facilitate departure, journey and reception of migrant workers. The Department of Labour also invites the migrant worker after his or her arrival to explain his or her rights and responsibilities under the Labour Code and the available support that it can provide. The Committee requests the Government to indicate whether any special services or assistance exist, specifically targeting women entering the territory for purposes of employment, including domestic work, and to provide details on the kind of services provided. The Committee also requests the Government to indicate whether any other services or information is being provided to men and women migrant workers, including for example language facilities, or information on matters relating to migration procedures, administrative formalities, living and working conditions or any other question that may be of interest to the migrant worker.

Article 6. Equality of treatment. The Committee recalls the provisions of Part 8 on equality of treatment of the Labour Code prohibiting discrimination, including on the basis of nationality, with respect to recruitment, training, apprenticeship, terms and conditions of employment and dismissal. The Committee notes the Government’s reply that during the reporting period there have been no reports of violations of the provisions of Part 8 to the Labour Commissioner. The Committee notes that the absence of complaints does not necessarily indicate that no violations exist in practice and draws the attention of the Government to the fact that the enforcement of legal rights may be particularly challenging for migrant workers, including because of negative consequences. The Committee asks the Government to provide information on the measures taken to ensure that the rights and guarantees under the Labour Code are implemented in practice with respect to migrant workers, and to indicate whether specific procedures exist to support or assist migrant workers in accessing justice in the case of labour disputes concerning unequal treatment.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s reply that there is no specific legal provision ensuring that migrant workers admitted on a permanent basis maintain their right of residence in the event of incapacity for work. The Committee emphasizes that security of residence for permanent migrants and members of their families in the event of illness or injury constitutes one of the most important provisions of the Convention, and is concerned that in cases where this is not explicitly specified in a legal provision and effectively applied, permanently residing migrants may find themselves living under constant threat of repatriation (see 2016 General Survey on promoting fair migration, paragraph 455). The Committee therefore asks the Government to take the necessary steps to ensure that migrant workers who have been admitted on a permanent basis maintain their right of residence in the event of incapacity for work.

Statistics. The Government indicates that currently the database on public employment is being updated and that available statistics – which presently only cover the private sector – would not reflect reality. Noting the Government’s commitment to collect and provide the requested statistical information, disaggregated by sex, nationality and sector of employment, the Committee trusts that the Government will submit the information as soon as it becomes available.

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Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that section 129(1) of Labour Code No. 20 of 2012 provides that the employer shall inform a work permit holder, where recruited from abroad, of his or her terms and conditions of employment, arrangements for accommodation and return travel. It also notes that the Government reiterates its statement that free advice is given by the Labour Department to assist migrant workers in terms of their statutory rights. The Committee recalls the indications on this point contained in Paragraph 5(2) and (3) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that, in light of the increasing feminization of migration for employment, in many cases information campaigns or services specifically directed towards women may be appropriate. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, with an indication of specific measures to address the concerns of women migrants upon arrival in the country.

Article 6. Equality of treatment. The Committee notes that sections 79(1) and (2) and 80 of the Labour Code 2012 define and prohibit direct and indirect discrimination on the basis of a wide range of grounds, including sex, religion, race and national extraction, as well as any characteristic which pertains generally or is generally imputed to persons of, among others, a particular race, sex, religion or nationality. Section 80(1) and (2) prohibit discrimination with respect to, among others, recruitment, selection or employment, training, apprenticeship, terms and conditions of employment, and dismissal, and sections 88 and 89 provide for penalties and remedies in case of violations of the provisions of Part 8 on equality of treatment in employment. The Committee also notes Part 11 of the Labour Code concerning work permits and rights of foreign workers. The Committee requests the Government to provide information on the practical application of the provisions in the Labour Code 2012 ensuring non-discrimination, including on the nature and number of any violations addressed by the Labour Commissioner or the Labour Tribunal, or any other competent authorities entrusted with monitoring respect for the principles related to the Convention, and their outcome. Please include information on any judicial decisions handed down by the courts with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee urges the Government to supply precise information on the legal provisions ensuring that migrant workers admitted on a permanent basis maintain their right of residence in case of incapacity to work and on the practical application of such provisions.

Statistics. The Committee requests the Government to provide statistical information, disaggregated by sex, nationality and migrant status (temporary or permanent), on the number of foreign workers in Monserrat, indicating, if possible, the economic sectors in which they are employed.

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The Committee notes that the Government’s report, which is identical to the report submitted in 2008, contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition
Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that free advice is given by the Labour Department to assist migrant workers in terms of their statutory rights. The Committee recalls the indications on this point contained in Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that in light of the increasing feminization of migration for employment, in many cases information campaigns or services specifically directed towards women may be appropriate. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, with an indication of any specific measures taken to address the concerns of women migrants upon arrival in the country.
Article 6. Equality of treatment. The Committee notes the Government’s statement that the employment laws of Montserrat do not discriminate against migrant workers, who enjoy the same statutory rights as nationals. Copies of contracts are submitted to the Labour Commissioner who has to ensure that the provisions of the contract do not violate these rights. The Committee requests the Government to provide information on the practical application of the legislative provisions ensuring non-discrimination of migrant workers, including the nature and number of any violations detected by the Labour Commissioner or by any other competent authorities entrusted with monitoring respect for the principles related to the Convention. Please also include information on any judicial decisions handed down by the courts with respect to the matters enumerated in paragraphs (a)–(d) of Article 6(1) of the Convention.
Article 8. Non-return in case of incapacity for work. The Committee would be grateful if the Government would supply precise information on the legal provisions ensuring that migrant workers admitted maintain their right of residence in case of incapacity for work and on the practical application of such provisions.

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Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that free advice is given by the Labour Department to assist migrant workers in terms of their statutory rights. The Committee recalls the indications on this point contained in Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that in light of the increasing feminization of migration for emplyoment, in many cases information campaigns or services specifically directed towards women may be appropriate. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, with an indication of any specific measures taken to address the concerns of women migrants upon arrival in the country.

Article 6. Equality of treatment. The Committee notes the Government’s statement that the employment laws of Montserrat do not discriminate against migrant workers, who enjoy the same statutory rights as nationals. Copies of contracts are submitted to the Labour Commissioner who has to ensure that the provisions of the contract do not violate these rights. The Committee requests the Government to provide information on the practical application of the legislative provisions ensuring non-discrimination of migrant workers, including the nature and number of any violations detected by the Labour Commissioner or by any other competent authorities entrusted with monitoring respect for the principles related to the Convention. Please also include information on any judicial decisions handed down by the courts with respect to the matters enumerated in paragraphs (a) to (d) of Article 6(1) of the Convention.

Article 8. Non-return in case of incapacity for work. The Committee would be grateful if the Government would supply precise information on the legal provisions ensuring that migrant workers admitted maintain their right of residence in case of incapacity for work and on the practical application of such provisions.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the brief information supplied by the Government in its report. It would appreciate receiving detailed information on the practical application of the legislation giving effect to the Convention. The Committee also would be grateful if the Government would include in its next report statistics on the number of persons migrating for employment to and from Montserrat.

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Article 1 of the Convention. The Committee notes from the Government's report that with the repeal of the Emigrant Labourers Protection Act (Cap 135) and the Emigrants Protection Act (Cap 136), no legislation exists any longer to give effect to the Convention. The Committee would appreciate it if the Government would indicate in its next report whether other provisions are envisaged and what are now its national policies relating to emigration and immigration. Please provide information on the numbers of foreign nationals employed in the country and of nationals employed abroad.