Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information supplied in the Government's report.

Article 2, paragraphs 1 and 2, and Article 3(a) and (b), of the Convention. The Committee notes from the Government's report that unlawful immigration is leading to the employment of migrants in abusive conditions. The Government has taken steps to deal with the matter both internally (sanctions imposed on illegal transportation across the state border and illegal employment of migrants) and bilaterally by signing a number of agreements. The Committee asks the Government to continue to provide detailed information on developments in this respect and particularly on the new immigration policy currently being discussed, as well as a copy of relevant reports on the activities of the Labour Inspectorate (number of cases, infringements registered, sanctions imposed, etc.). The Committee also asks the Government to indicate whether, and if so how, employers' and workers' organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

Article 8, paragraphs 1 and 2. The Committee notes that under section 14 (last paragraph) of the Act on the employment of foreigners, work permits are withdrawn in the event of irregular termination of employment, in accordance with the regulations on labour relations. The Committee draws the Government's attention to paragraph 1 of Article 8 of the Convention which provides that, on condition that he or she has resided legally in the territory for the purpose of employment, the migrant worker should not be regarded as in an illegal or irregular situation by the mere fact of the loss of his or her employment, and that such loss should not in itself imply the withdrawal of the authorization of residence or, as the case may be, work permit. Paragraph 2 of the same Article provides that, accordingly, the migrant worker should 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.

The Committee asks the Government to indicate the measures taken or envisaged to ensure that the loss of a migrant worker's employment does not imply the withdrawal of his or her authorization of residence or work permit, and that such workers enjoy equality of treatment with nationals in the areas referred to in paragraph 2 of Article 8.

Article 9, paragraph 3. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that, in the case of expulsion of the worker or his or her family, the cost is not borne by them (i.e. the cost of the administrative procedure for the expulsion).

Articles 10 and 14(a). The Committee asks the Government to indicate whether effect is given to these provisions and, if so, how.