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International Labour Conference

87th Session
Geneva, June 1999

 

Report III (1B)

 

 

Migrant Workers

 

 

 

Appendix A

Texts of the instruments of 1949

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

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and

Having decided upon the adoption of certain proposals with regard to the revision of the Migration for Employment Convention, 1939, adopted by the Conference at its Twenty-fifth Session, which is included in the eleventh item on the agenda of the session, and

Considering that these proposals must take the form of an international Convention,

adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Migration for Employment Convention (Revised), 1949:

Article 1

Each Member of the International Labour Organisation for which this Convention is in force undertakes to make available on request to the International Labour Office and to other Members --

Article 2

Each Member for which this Convention is in force undertakes to maintain, or satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, and in particular to provide them with accurate information.

Article 3

1. Each Member for which this Convention is in force undertakes that it will, so far as national laws and regulations permit, take all appropriate steps against misleading propaganda relating to emigration and immigration.

2. For this purpose, it will where appropriate act in co-operation with other Members concerned.

Article 4

Measures shall be taken as appropriate by each Member, within its jurisdiction, to facilitate the departure, journey and reception of migrants for employment.

Article 5

Each Member for which this Convention is in force undertakes to maintain, within its jurisdiction, appropriate medical services responsible for --

Article 6

1. Each Member for which this Convention is in force undertakes to apply, without discrimination in respect of nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the following matters:

2. In the case of a federal State the provisions of this Article shall apply in so far as the matters dealt with are regulated by federal law or regulations or are subject to the control of federal administrative authorities. The extent to which and manner in which these provisions shall be applied in respect of matters regulated by the law or regulations of the constituent States, provinces or cantons, or subject to the control of the administrative authorities thereof, shall be determined by each Member. The Member shall indicate in its annual report upon the application of the Convention the extent to which the matters dealt with in this Article are regulated by federal law or regulations or are subject to the control of federal administrative authorities. In respect of matters which are regulated by the law or regulations of the constituent States, provinces or cantons, or are subject to the control of the administrative authorities thereof, the Member shall take the steps provided for in paragraph 7(b) of article 19 of the Constitution of the International Labour Organisation.

Article 7

1. Each Member for which this Convention is in force undertakes that its employment service and other services connected with migration will co-operate in appropriate cases with the corresponding services of other Members.

2. Each Member for which this Convention is in force undertakes to ensure that the services rendered by its public employment service to migrants for employment are rendered free.

Article 8

1. A migrant for employment who has been admitted on a permanent basis and the members of his family who have been authorised to accompany or join him shall not be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his occupation by reason of illness contracted or injury sustained subsequent to entry, unless the person concerned so desires or an international agreement to which the Member is a party so provides.

2. When migrants for employment are admitted on a permanent basis upon arrival in the country of immigration the competent authority of that country may determine that the provisions of paragraph 1 of this Article shall take effect only after a reasonable period which shall in no case exceed five years from the date of admission of such migrants.

Article 9

Each Member for which this Convention is in force undertakes to permit, taking into account the limits allowed by national laws and regulations concerning export and import of currency, the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire.

Article 10

In cases where the number of migrants going from the territory of one Member to that of another is sufficiently large, the competent authorities of the territories concerned shall, whenever necessary or desirable, enter into agreements for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Convention.

Article 11

1. For the purpose of this Convention the term "migrant for employment" means a person who migrates 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.

2. This Convention does not apply to --

Article 12

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 13

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 14

1. Each Member ratifying this Convention may, by a declaration appended to its ratification, exclude from its ratification any or all of the Annexes to the Convention.

2. Subject to the terms of any such declaration, the provisions of the Annexes shall have the same effect as the provisions of the Convention.

3. Any Member which makes such a declaration may subsequently by a new declaration notify the Director-General that it accepts any or all of the Annexes mentioned in the declaration; as from the date of the registration of such notification by the Director-General the provisions of such Annexes shall be applicable to the Member in question.

4. While a declaration made under paragraph 1 of this Article remains in force in respect of any Annex, the Member may declare its willingness to accept that Annex as having the force of a Recommendation.

Article 15

1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of article 35 of the Constitution of the International Labour Organisation shall indicate --

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 17, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.

Article 16

1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraphs 4 and 5 of article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of this Convention and any or all of the Annexes will be applied in the territory concerned without modification or subject to modifications; and if the declaration indicates that the provisions of the Convention and any or all of the Annexes will be applied subject to modifications, it shall give details of the said modifications.

2. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.

3. The Member, Members or international authority concerned may, at any time at which this Convention or any or all of the Annexes are subject to denunciation in accordance with the provisions of Article 17, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.

Article 17

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

3. At any time at which this Convention is subject to denunciation in accordance with the provisions of the preceding paragraphs any Member which does not so denounce it may communicate to the Director-General a declaration denouncing separately any Annex to the Convention which is in force for that Member.

4. The denunciation of this Convention or of any or all of the Annexes shall not affect the rights granted thereunder to a migrant or to the members of his family if he immigrated while the Convention or the relevant Annex was in force in respect of the territory where the question of the continued validity of these rights arises.

Article 18

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 19

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 20

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 21

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides --

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 22

1. The International Labour Conference may, at any session at which the matter is included in its agenda, adopt by a two-thirds majority a revised text of any one or more of the Annexes to this Convention.

2. Each Member for which this Convention is in force shall, within the period of one year, or, in exceptional circumstances, of eighteen months, from the closing of the session of the Conference, submit any such revised text to the authority or authorities within whose competence the matter lies, for the enactment of legislation or other action.

3. Any such revised text shall become effective for each Member for which this Convention is in force on communication by that Member to the Director-General of the International Labour Office of a declaration notifying its acceptance of the revised text.

4. As from the date of the adoption of the revised text of the Annex by the Conference, only the revised text shall be open to acceptance by Members.

Article 23

The English and French versions of the text of this Convention are equally authoritative.

Annex I

Recruitment, placing and conditions of labour of migrants for
employment recruited otherwise than under government-sponsored
arrangements for group transfer

Article 1

This Annex applies to migrants for employment who are recruited otherwise than under government-sponsored arrangements for group transfer.

Article 2

For the purpose of this Annex --

Article 3

1. Each Member for which this Annex is in force, the laws and regulations of which permit the operations of recruitment, introduction and placing as defined in Article 2, shall regulate such of the said operations as are permitted by its laws and regulations in accordance with the provisions of this Article.

2. Subject to the provisions of the following paragraph, the right to engage in the operations of recruitment, introduction and placing shall be restricted to --

3. In so far as national laws and regulations or a bilateral arrangement permit, the operations of recruitment, introduction and placing may be undertaken by --

4. The competent authority of the territory where the operations take place shall supervise the activities of bodies and persons to whom authorisations have been issued in pursuance of paragraph 3(b), other than any body established in accordance with the terms of an international instrument, the position of which shall continue to be governed by the terms of the said instrument or by any agreement made between the body and the competent authority concerned.

5. Nothing in this Article shall be deemed to permit the acceptance of a migrant for employment for admission to the territory of any Member by any person or body other than the competent authority of the territory of immigration.

Article 4

Each Member for which this Annex is in force undertakes to ensure that the services rendered by its public employment service in connection with the recruitment, introduction or placing of migrants for employment are rendered free.

Article 5

1. Each Member for which this Annex is in force which maintains a system of supervision of contracts of employment between an employer, or a person acting on his behalf, and a migrant for employment undertakes to require --

2. Where a copy of the contract is to be delivered to the migrant on arrival in the territory of immigration, he shall be informed in writing before departure, by a document which relates either to him individually or to a group of migrants of which he is a member, of the occupational category for which he is engaged and the other conditions of work, in particular the minimum wage which is guaranteed to him.

3. The competent authority shall ensure that the provisions of the preceding paragraphs are enforced and that appropriate penalties are applied in respect of violations thereof.

Article 6

The measures taken under Article 4 of the Convention shall, as appropriate, include --

Article 7

1. In cases where the number of migrants for employment going from the territory of one Member to that of another is sufficiently large, the competent authorities of the territories concerned shall, whenever necessary or desirable, enter into agreements for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Annex.

2. Where the Members maintain a system of supervision over contracts of employment, such agreements shall indicate the methods by which the contractual obligations of the employers shall be enforced.

Article 8

Any person who promotes clandestine or illegal immigration shall be subject to appropriate penalties.

  Annex II

Recruitment, placing and conditions of labour of migrants for
employment recruited under government-sponsored
arrangements for group transfer

Article 1

This Annex applies to migrants for employment who are recruited under government-sponsored arrangements for group transfer.

Article 2

For the purpose of this Annex --

Article 3

1. Each Member for which this Annex is in force, the laws and regulations of which permit the operations of recruitment, introduction and placing as defined in Article 2, shall regulate such of the said operations as are permitted by its laws and regulations in accordance with the provisions of this Article.

2. Subject to the provisions of the following paragraph, the right to engage in the operations of recruitment, introduction and placing shall be restricted to --

3. In so far as national laws and regulations or a bilateral arrangement permit, and subject, if necessary in the interest of the migrant, to the approval and supervision of the competent authority, the operations of recruitment, introduction and placing may be undertaken by --

4. The right to engage in the operations of recruitment, introduction and placing shall be subject to the prior authorisation of the competent authority of the territory where the said operations are to take place in such cases and under such conditions as may be prescribed by --

5. The competent authority of the territory where the operations take place shall, in accordance with any agreements made between the competent authorities concerned, supervise the activities of bodies and persons to whom authorisations have been issued in pursuance of the preceding paragraph, other than any body established in accordance with the terms of an international instrument, the position of which shall continue to be governed by the terms of the said instrument or by any agreement made between the body and the competent authority concerned.

6. Before authorising the introduction of migrants for employment the competent authority of the territory of immigration shall ascertain whether there is not a sufficient number of persons already available capable of doing the work in question.

7. Nothing in this Article shall be deemed to permit the acceptance of a migrant for employment for admission to the territory of any Member by any person or body other than the competent authority of the territory of immigration.

Article 4

1. Each Member for which this Annex is in force undertakes to ensure that the services rendered by its public employment service in connection with the recruitment, introduction or placing of migrants for employment are rendered free.

2. The administrative costs of recruitment, introduction and placing shall not be borne by the migrants.

Article 5

In the case of collective transport of migrants from one country to another necessitating passage in transit through a third country, the competent authority of the territory of transit shall take measures for expediting the passage, to avoid delays and administrative difficulties.

Article 6

1. Each Member for which this Annex is in force which maintains a system of supervision of contracts of employment between an employer, or a person acting on his behalf, and a migrant for employment undertakes to require --

2. Where a copy of the contract is to be delivered to the migrant on arrival in the territory of immigration, he shall be informed in writing before departure, by a document which relates either to him individually or to a group of migrants of which he is a member, of the occupational category for which he is engaged and the other conditions of work, in particular the minimum wage which is guaranteed to him.

3. The competent authority shall ensure that the provisions of the preceding paragraphs are enforced and that appropriate penalties are applied in respect of violations thereof.

Article 7

1. The measures taken under Article 4 of this Convention shall, as appropriate, include --

Article 8

Appropriate measures shall be taken by the competent authority to assist migrants for employment, during an initial period, in regard to matters concerning their conditions of employment; where appropriate, such measures may be taken in co-operation with approved voluntary organisations.

Article 9

If a migrant for employment introduced into the territory of a Member in accordance with the provisions of Article 3 of this Annex fails, for a reason for which he is not responsible, to secure the employment for which he has been recruited or other suitable employment, the cost of his return and that of the members of his family who have been authorised to accompany or join him, including administrative fees, transport and maintenance charges to the final destination, and charges for the transport of household belongings, shall not fall upon the migrant.

Article 10

If the competent authority of the territory of immigration considers that the employment for which a migrant for employment was recruited under Article 3 of this Annex has been found to be unsuitable, it shall take appropriate measures to assist him in finding suitable employment which does not prejudice national workers and shall take such steps as will ensure his maintenance pending placing in such employment, or his return to the area of recruitment if the migrant is willing or agreed to such return at the time of his recruitment, or his resettlement elsewhere.

Article 11

If a migrant for employment who is a refugee or a displaced person and who has entered a territory of immigration in accordance with Article 3 of this Annex becomes redundant in any employment in that territory, the competent authority of that territory shall use its best endeavours to enable him to obtain suitable employment which does not prejudice national workers, and shall take such steps as will ensure his maintenance pending placing in suitable employment or his resettlement elsewhere.

Article 12

1. The competent authorities of the territories concerned shall enter into agreements for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Annex.

2. Where the Members maintain a system of supervision over contracts of employment, such agreements shall indicate the methods by which the contractual obligations of the employer shall be enforced.

3. Such agreements shall provide, where appropriate, for co-operation between the competent authority of the territory of emigration or a body established in accordance with the terms of an international instrument and the competent authority of the territory of immigration, in respect of the assistance to be given to migrants concerning their conditions of employment in virtue of the provisions of Article 8.

Article 13

Any person who promotes clandestine or illegal immigration shall be subject to appropriate penalties.

Annex III

Importation of the personal effects, tools and equipment of migrants
for employment

Article 1

1. Personal effects belonging to recruited migrants for employment and members of their families who have been authorised to accompany or join them shall be exempt from customs duties on arrival in the territory of immigration.

2. Portable hand-tools and portable equipment of the kind normally owned by workers for the carrying out of their particular trades belonging to recruited migrants for employment and members of their families who have been authorised to accompany or join them shall be exempt from customs duties on arrival in the territory of immigration if such tools and equipment can be shown at the time of importation to be in their actual ownership or possession, to have been in their possession and use for an appreciable time, and to be intended to be used by them in the course of their occupation.

Article 2

1. Personal effects belonging to migrants for employment and members of their families who have been authorised to accompany or join them shall be exempt from customs duties on the return of the said persons to their country of origin if such persons have retained the nationality of that country at the time of their return there.

2. Portable hand-tools and portable equipment of the kind normally owned by workers for the carrying out of their particular trades belonging to migrants for employment and members of their families who have been authorised to accompany or join them shall be exempt from customs duties on return of the said persons to their country of origin if such persons have retained the nationality of that country at the time of their return there and if such tools and equipment can be shown at the time of importation to be in their actual ownership or possession, to have been in their possession and use for an appreciable time, and to be intended to be used by them in the course of their occupation.

Migration for Employment
Recommendation (Revised), 1949 (No. 86)

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and

Having decided upon the adoption of certain proposals with regard to the revision of the Migration for Employment Recommendation, 1939, and the Migration for Employment (Co-operation between States) Recommendation, 1939, adopted by the Conference at its Twenty-fifth Session, which are included in the eleventh item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation,

adopts this first day of July of the year one thousand nine hundred and forty-nine the following Recommendation, which may be cited as the Migration for Employment Recommendation (Revised), 1949:

The Conference,

Having adopted the Migration for Employment Convention (Revised), 1949, and

Desiring to supplement its provisions by a Recommendation;

Recommends as follows:

I

1. For the purpose of this Recommendation --

2. For the purpose of this Recommendation, references to the Government or competent authority of a territory of emigration should be interpreted as referring, in the case of migrants who are refugees or displaced persons, to any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government.

3. This Recommendation does not apply to --

II

4. (1) It should be the general policy of Members to develop and utilise all possibilities of employment and for this purpose to facilitate the international distribution of manpower and in particular the movement of manpower from countries which have a surplus of manpower to those countries that have a deficiency.

(2) The measures taken by each Member should have due regard to the manpower situation in the country and the Government should consult the appropriate organisations of employers and workers on all general questions concerning migration for employment.

III

5. (1) The free service provided in each country to assist migrants and their families and in particular to provide them with accurate information should be conducted --

(2) The service should advise migrants and their families, in their languages or dialects or at least in a language which they can understand, on matters relating to emigration, immigration, employment and living conditions, including health conditions in the place of destination, return to the country of origin or of emigration, and generally speaking any other question which may be of interest to them in their capacity as migrants.

(3) The service should provide facilities for migrants and their families with regard to the fulfilment of administrative formalities and other steps to be taken in connection with the return of the migrants to the country of origin or of emigration, should the case arise.

(4) With a view to facilitating the adaptation of migrants, preparatory courses should, where necessary, be organised to inform the migrants of the general conditions and the methods of work prevailing in the country of immigration, and to instruct them in the language of that country. The countries of emigration and immigration should mutually agree to organise such courses.

6. On request, information should be made available by Members to the International Labour Office and to other Members concerning their emigration laws and regulations, including administrative provisions relating to restrictions on emigration and facilities granted to emigrants, and appropriate details concerning the categories of persons wishing to emigrate.

7. On request, information should be made available by Members to the International Labour Office and to other Members concerning their immigration laws and regulations, including administrative provisions, entry permits where needed, number and occupational qualifications of immigrants desired, laws and regulations affecting admission of migrants to employment, and any special facilities granted to migrants and measures to facilitate their adaptation to the economic and social organisation of the country of immigration.

8. There should, as far as possible, be a reasonable interval between the publication and the coming into force of any measure altering the conditions on which emigration or immigration or the employment of migrants is permitted in order that these conditions may be notified in good time to persons who are preparing to emigrate.

9. Provision should be made for adequate publicity to be given at appropriate stages to the principal measures referred to in the preceding Paragraph, such publicity to be in the languages most commonly known to the migrants.

10. Migration should be facilitated by such measures as may be appropriate --

11. Migrants and the members of their families should be assisted in obtaining access to recreation and welfare facilities, and steps should be taken where necessary to ensure that special facilities are made available during the initial period of settlement in the country of immigration.

12. In the case of migrants under government-sponsored arrangements for group transfer, medical assistance should be extended to such migrants in the same manner as provided for nationals.

IV

13. (1) Where necessary in the interest of the migrant, Members should require that any intermediary who undertakes the recruitment, introduction or placing of migrants for employment on behalf of an employer must obtain a written warrant from the employer, or some other document proving that he is acting on the employer's behalf.

(2) This document should be drawn up in, or translated into, the official language of the country of emigration and should set forth all necessary particulars concerning the employer, concerning the nature and scope of the recruitment, introduction or placing which the intermediary is to undertake, and concerning the employment offered, including the remuneration.

14. (1) The technical selection of migrants for employment should be carried out in such a way as to restrict migration as little as possible while ensuring that the migrants are qualified to perform the required work.

(2) Responsibility for such selection should be entrusted --

(3) The right to engage in selection should be subject to the prior authorisation of the competent authority of the territory where the said operation takes place, in such cases under such conditions as may be prescribed by the laws and regulations of that territory, or by agreement between the Government of the territory of emigration and the Government of the territory of immigration.

(4) As far as possible, intending migrants for employment should, before their departure from the territory of emigration, be examined for purposes of occupational and medical selection by a representative of the competent authority of the territory of immigration.

(5) If recruitment takes place on a sufficiently large scale there should be arrangements for close liaison and consultation between the competent authorities of the territories of emigration and immigration concerned.

(6) The operations referred to in the preceding subparagraphs of this Paragraph should be carried out as near as possible to the place where the intending migrant is recruited.

15. (1) Provision should be made by agreement for authorisation to be granted for a migrant for employment introduced on a permanent basis to be accompanied or joined by the members of his family.

(2) The movement of the members of the family of such a migrant authorised to accompany or join him should be specially facilitated by both the country of emigration and the country of immigration.

(3) For the purposes of this Paragraph, the members of the family of a migrant for employment should include his wife and minor children; favourable consideration should be given to requests for the inclusion of other members of the family dependent upon the migrant.

V

16. (1) Migrants for employment authorised to reside in a territory and the members of their families authorised to accompany or join them should as far as possible be admitted to employment in the same conditions as nationals.

(2) In countries in which the employment of migrants is subject to restrictions, these restrictions should as far as possible --

17. In countries where the number of migrants for employment is sufficiently large, the conditions of employment of such workers should be specially supervised, such supervision being undertaken according to circumstances either by a special inspection service or by labour inspectors or other officials specialising in this work.

VI

18. (1) When a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person or the members of his family from its territory on account of his lack of means or the state of the employment market, unless an agreement to this effect has been concluded between the competent authorities of the emigration and immigration territories concerned.

(2) Any such agreement should provide --

19. Appropriate steps should be taken by the authorities of the territories concerned to consult the employers' and workers' organisations concerning the operations of recruitment, introduction and placing of migrants for employment.

VII

20. When migrants for employment or members of their families who have retained the nationality of their State of origin return there, that country should admit such persons to the benefit of any measures in force for the granting of poor relief and unemployment relief, and for promoting the re-employment of the unemployed, by exempting them from the obligation to comply with any condition as to previous residence or employment in the country or place.

VIII

21. (1) Members should in appropriate cases supplement the Migration for Employment Convention (Revised), 1949, and the preceding Paragraphs of the present Recommendation by bilateral agreements, which should specify the methods of applying the principles set forth in the Convention and in the Recommendation.

(2) In concluding such agreements, Members should take into account the provisions of the Model Agreement annexed to the present Recommendation in framing appropriate clauses for the organisation of migration for employment and the regulation of the conditions of transfer and employment of migrants, including refugees and displaced persons.

  Annex

Model agreement on temporary and permanent migration for employment,
including migration of refugees and displaced persons(1)

Article 1. Exchange of information

1. The competent authority of the territory of immigration shall periodically furnish appropriate information to the competent authority of the territory of emigration [or in the case of refugees and displaced persons, to any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] concerning:

2. The competent authority of the territory of emigration [or in the case of refugees and displaced persons, any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] shall bring this information to the attention of persons or bodies interested.

3. The competent authority of the territory of emigration [or in the case of refugees and displaced persons, any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] shall periodically furnish appropriate information to the competent authority of the territory of immigration concerning --

4. The competent authority of the territory of immigration shall bring this information to the attention of persons or bodies interested.

5. The information mentioned in paragraphs 1 to 4 above shall also be transmitted by the respective parties to the International Labour Office.

Article 2. Action against misleading propaganda

1. The parties agree, with regard to their respective territories, to take all practical steps, so far as national laws and regulations permit, against misleading propaganda relating to emigration and immigration.

2. For this purpose the parties will, where appropriate, act in co-operation with the competent authorities of other countries concerned.

Article 3. Administrative formalities

The parties agree to take measures with a view to accelerating and simplifying the carrying out of administrative formalities relating to departure, travel, entry, residence, and settlement of migrants and as far as possible for the members of their families. Such measures shall include the provision of an interpretation service, where necessary.

Article 4. Validity of documents

1. The parties shall determine the conditions to be met for purposes of recognition in the territory of immigration of any document issued by the competent authority of the territory of emigration in respect of migrants and members of their families [or in the case of refugees and displaced persons, by any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] concerning --

2. The parties shall also determine the application of such recognition.

[3. In the case of refugees and displaced persons, the competent authority of the territory of immigration shall recognise the validity of any travel document issued in lieu of a national passport by the competent authority of the territory of emigration and, in particular, of travel documents issued in accordance with the terms of an international Agreement (e.g. the travel document established by the Agreement of 15 October 1946, and the Nansen passport).]

Article 5. Conditions and criteria of migration

1. The parties shall jointly determine --

2. The parties shall also determine, in accordance with the provisions of Article 28 of this Agreement --

3. In order to recruit migrants required to meet the technical needs of the territory of immigration and who can adapt themselves easily to the conditions in the territory of immigration, the parties shall determine criteria to govern technical selection of the migrants.

4. In drawing up these criteria, the two parties shall take into consideration --

Article 6. Organisation of recruitment, ntroduction and placing

1. The bodies or persons which engage in the operations of recruitment, introduction and placing of migrants and of members of their families shall be named by the competent authorities of the respective territories [or in the case of refugees and displaced persons, by any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government on the one hand and the competent authority of the territory of immigration on the other] subject to the approval of both parties.

2. Subject to the provisions of the following paragraphs, the right to engage in the operations of recruitment, introduction and placing shall be restricted to --

3. In addition, in so far as the national laws and regulations of the parties permit and subject to the approval and supervision of the competent authorities of the parties, the operations of recruitment, introduction and placing may be undertaken by --

4. The administrative costs of recruitment, introduction and placing shall not be borne by the migrants.

Article 7. Selection testing

1. An intending migrant shall undergo an appropriate examination in the territory of emigration; any such examination should inconvenience him as little as possible.

2. With respect to the organisation of the selection of migrants, the parties shall agree on --

Article 8. Information and assistance of migrants

1. The migrant accepted after medical and occupational examination in the assembly or selection centre shall receive, in a language that he understands, all information he may still require as to the nature of the work for which he has been engaged, the region of employment, the undertaking to which he is assigned, travel arrangements and the conditions of life and work including health and related matters in the country and region to which he is going.

2. On arrival in the country of destination, and at a reception centre if such exists, or at the place of residence, migrants and the members of their families shall receive all the documents which they need for their work, their residence and their settlement in the country, as well as information, instruction and advice regarding conditions of life and work, and any other assistance that they may need to adapt themselves to the conditions in the country of immigration.

Article 9. Education and vocational training

The parties shall co-ordinate their activities concerning the organisation of educational courses for migrants, which shall include general information on the country of immigration, instruction in the language of that country, and vocational training.

Article 10. Exchange of trainees

The parties agree to further the exchange of trainees, and to determine in a separate agreement the conditions governing such exchanges.

Article 11. Conditions of transport

1. During the journey from their place of residence to the assembly or selection centre, as well as during their stay in the said centre, migrants and the members of their families shall receive from the competent authority of the territory of immigration [or in the case of refugees and displaced persons, from any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] any assistance which they may require.

2. The competent authorities of the territories of emigration and immigration shall, each within its own jurisdiction, safeguard the health and welfare of, and render assistance to, migrants and the members of their families during the journey from the assembly or selection centre to the place of their employment, as well as during their stay in a reception centre if such exists.

3. Migrants and members of their families shall be transported in a manner appropriate for human beings and in conformity with the laws and regulations in force.

4. The parties shall agree upon the terms and conditions for the application of the provisions of this Article.

Article 12. Travel and maintenance expenses

The parties shall agree upon the methods for meeting the cost of travel of the migrants and the members of their families from the place of their residence to the place of their destination, and the cost of their maintenance while travelling, sick or hospitalised, as well as the cost of transport of their personal belongings.

Article 13. Transfer of funds

1. The competent authority of the territory of emigration shall, as far as possible and in conformity with national laws and regulations concerning the import and export of foreign currency, authorise and provide facilities for migrants and for members of their families to withdraw from their country such sums as they may need for their initial settlement abroad.

2. The competent authority of the territory of immigration shall, as far as possible and in conformity with national laws and regulations concerning the import and export of foreign currency, authorise and provide facilities for the periodical transfer to the territory of emigration of migrants' savings and of any other sums due in virtue of this Agreement.

3. The transfers of funds mentioned in paragraphs 1 and 2 above shall be made at the prevailing official rate of exchange.

4. The parties shall take all measures necessary for the simplification and acceleration of administrative formalities regarding the transfer of funds so that such funds may be available with the least possible delay to those entitled to them.

5. The parties shall determine if and under what conditions a migrant may be required to remit part of his wages for the maintenance of his family remaining in his country or in the territory from which he emigrated.

Article 14. Adaptation and naturalisation

The competent authority of the territory of immigration shall take measures to facilitate adaptation to national climatic, economic and social conditions and facilitate the procedure of naturalisation of migrants and of members of their families.

Article 15. Supervision of living and working conditions

1. Provision shall be made for the supervision by the competent authority or duly authorised bodies of the territory of immigration of the living and working conditions, including hygienic conditions, to which the migrants are subject.

2. With respect to temporary migrants, the parties shall provide, where appropriate, for authorised representatives of the territory of emigration [or in the case of refugees and displaced persons, of any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] to co-operate with the competent authority or duly authorised bodies of the territory of immigration in carrying out this supervision.

3. During a fixed period, the duration of which shall be determined by the parties, migrants shall receive special assistance in regard to matters concerning their conditions of employment.

4. Assistance with respect to the employment and living conditions of the migrants may be given either through the regular labour inspection service of the territory of immigration or through a special service for migrants, in co-operation where appropriate with approved voluntary organisations.

5. Provision shall be made where appropriate for the co-operation of representatives of the territory of emigration [or in the case of refugees and displaced persons, of any body established in accordance with the terms of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government] with such services.

Article 16. Settlement of disputes

1. In case of a dispute between a migrant and his employer, the migrant shall have access to the appropriate courts or shall otherwise obtain redress for his grievances, in accordance with the laws and regulations of the territory of immigration.

2. The authorities shall establish such other machinery as is necessary to settle disputes arising out of the Agreement.

Article 17. Equality of treatment

1. The competent authority of the territory of immigration shall grant to migrants and to members of their families with respect to employment in which they are eligible to engage treatment no less favourable than that applicable to its own nationals in virtue of legal or administrative provisions or collective labour agreements.

2. Such equality of treatment shall apply, without discrimination in respect of nationality, race, religion or sex, to immigrants lawfully within the territory of immigration in respect of the following matters:

Article 18. Access to trades and occupations and the right
to acquire property

Equality of treatment shall also apply to --

(a) access to trades and occupations to the extent permitted under national laws and regulations;

(b) acquisition, possession and transmission of urban or rural property.

Article 19. Supply of food

The treatment applied to migrants and the members of their families shall be the same as that applied to national workers in the same occupation as regards the supply of food.

Article 20. Housing conditions

The competent authority of the territory of immigration shall ensure that migrants and the members of their families have hygienic and suitable housing, in so far as the necessary housing is available.

Article 21. Social security

1. The two parties shall determine in a separate agreement the methods of applying a system of social security to migrants and their dependants.

2. Such agreement shall provide that the competent authority of the territory of immigration shall take measures to ensure to the migrants and their dependants treatment not less favourable than that afforded by it to its nationals, except where particular residence qualifications apply to nationals.

3. The agreement shall embody appropriate arrangements for the maintenance of migrants' acquired rights and rights in course of acquisition framed with due regard to the principles of the Maintenance of Migrants' Pension Rights Convention, 1935, or of any revision of that Convention.

4. The agreement shall provide that the competent authority of the territory of immigration shall take measures to grant to temporary migrants and their dependants treatment not less favourable than that afforded by it to its nationals, subject in the case of compulsory pension schemes to appropriate arrangements being made for the maintenance of migrants' acquired rights and rights in course of acquisition.

Article 22. Contracts of employment

1. In countries where a system of model contracts is used, the individual contract of employment for migrants shall be based on a model contract drawn up by the parties for the principal branches of economic activity.

2. The individual contract of employment shall set forth the general conditions of engagement and of employment provided in the relevant model contract and shall be translated into a language which the migrant understands. A copy of the contract shall be delivered to the migrant before departure from the territory of emigration or, if it is agreed between the two parties concerned, in a reception centre on arrival in the territory of immigration. In the latter case before departure the migrant shall be informed in writing by a document which relates either to him individually or to a group of migrants of which he is a member, of the occupational category in which he is to be engaged and the other conditions of work, in particular the minimum wage which is guaranteed to him.

3. The individual contract of employment shall contain necessary information, such as --

Article 23. Change of employment

1. If the competent authority of the territory of immigration considers that the employment for which the migrant has been recruited does not correspond to his physical capacity or occupational qualifications, the said authority shall provide facilities for placing the said migrant in an employment corresponding to his capacity or qualifications, and in which he may be employed in accordance with national laws or regulations.

2. During periods of unemployment, if any, the method of maintaining the migrant and the dependent members of his family authorised to accompany or join him shall be determined by arrangements made under a separate agreement.

Article 24. Employment stability

1. If before the expiration of the period of his contract the migrant for employment becomes redundant in the undertaking or branch of economic activity for which he was engaged, the competent authority of the territory of immigration shall, subject to the provisions of the contract, facilitate the placing of the said migrant in other suitable employment in which he may be employed in accordance with national laws or regulations.

2. If the migrant is not entitled to benefits under an unemployment insurance or assistance scheme, his maintenance, as well as that of dependent members of his family, during any period in which he is unemployed shall be determined by a separate agreement in so far as this is not inconsistent with the terms of his contract.

3. The provisions of this Article shall not affect the right of the migrant to benefit from any provisions that may be included in his contract in case it is prematurely terminated by the employer.

Article 25. Provisions concerning compulsory return

1. The competent authority of the territory of immigration undertakes that a migrant and the members of his family who have been authorised to accompany or join him will not be returned to the territory from which he emigrated unless he so desires if, because of illness or injury, he is unable to follow his occupation.

2. The Government of the territory of immigration undertakes not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin as distinct from the territory from which they were recruited, unless they formally express this desire by a request in writing addressed both to the competent authority of the territory of immigration and the representative of the body set up in accordance with the provisions of an international instrument which may be responsible for the protection of refugees and displaced persons who do not benefit from the protection of any Government.

Article 26. Return journey

1. The cost of the return journey of a migrant introduced under a plan sponsored by the Government of the territory of immigration, who is obliged to leave his employment for reasons for which he is not responsible, and who cannot, in virtue of national laws and regulations, be placed in an employment for which he is eligible, shall be regulated as follows:

2. In accordance with the methods of co-operation and consultation agreed upon under Article 28 of this Agreement, the two parties shall determine the measures necessary to organise the return home of the said persons and to assure to them in the course of the journey the conditions of health and welfare and the assistance which they enjoyed during the outward journey.

3. The competent authority of the territory of emigration shall exempt from customs duties on their arrival --

Article 27. Double taxation

The two parties shall determine in a separate agreement the measures to be taken to avoid double taxation on the earnings of a migrant for employment.

Article 28. Methods of co-operation

1. The two parties shall agree on the methods of consultation and co-operation necessary to carry out the terms of the Agreement.

2. When so requested by the representatives of the two parties the International Labour Office shall be associated with such consultation and co-operation.

Article 29. Final provisions

1. The parties shall determine the duration of the Agreement as well as the period of notice for termination.

2. The parties shall determine those provisions of this Agreement which shall remain in operation after expiration of this Agreement.

1. The phrases and passages in italics refer primarily to permanent migration; those enclosed within square brackets refer solely to migration of refugees and displaced persons.

Appendix B

Texts of the instruments of 1975

Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143)

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixtieth Session on 4 June 1975, and

Considering that the Preamble of the Constitution of the International Labour Organisation assigns to it the task of protecting "the interests of workers when employed in countries other than their own", and

Considering that the Declaration of Philadelphia reaffirms, among the principles on which the Organisation is based, that "labour is not a commodity", and that "poverty anywhere constitutes a danger to prosperity everywhere", and recognises the solemn obligation of the ILO to further programmes which will achieve in particular full employment through "the transfer of labour, including for employment ...",

Considering the ILO World Employment Programme and the Employment Policy Convention and Recommendation, 1964, and emphasising the need to avoid the excessive and uncontrolled or unassisted increase of migratory movements because of their negative social and human consequences, and

Considering that in order to overcome underdevelopment and structural and chronic unemployment, the governments of many countries increasingly stress the desirability of encouraging the transfer of capital and technology rather than the transfer of workers in accordance with the needs and requests of these countries in the reciprocal interest of the countries of origin and the countries of employment, and

Considering the right of everyone to leave any country, including his own, and to enter his own country, as set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and

Recalling the provisions contained in the Migration for Employment Convention and Recommendation (Revised), 1949, in the Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955, in the Employment Policy Convention and Recommendation, 1964, in the Employment Service Convention and Recommendation, 1948, and in the Fee-Charging Employment Agencies Convention (Revised), 1949, which deal with such matters as the regulation of the recruitment, introduction and placing of migrant workers, the provision of accurate information relating to migration, the minimum conditions to be enjoyed by migrants in transit and on arrival, the adoption of an active employment policy and international collaboration in these matters, and

Considering that the emigration of workers due to conditions in labour markets should take place under the responsibility of official agencies for employment or in accordance with the relevant bilateral or multilateral agreements, in particular those permitting free circulation of workers, and

Considering that evidence of the existence of illicit and clandestine trafficking in labour calls for further standards specifically aimed at eliminating these abuses, and

Recalling the provisions of the Migration for Employment Convention (Revised), 1949, which require ratifying Members to apply to immigrants lawfully within their territory treatment not less favourable than that which they apply to their nationals in respect of a variety of matters which it enumerates, in so far as these are regulated by laws or regulations or subject to the control of administrative authorities, and

Recalling that the definition of the term "discrimination" in the Discrimination (Employment and Occupation) Convention, 1958, does not mandatorily include distinctions on the basis of nationality, and

Considering that further standards, covering also social security, are desirable in order to promote equality of opportunity and treatment of migrant workers and, with regard to matters regulated by laws or regulations or subject to the control of administrative authorities, ensure treatment at least equal to that of nationals, and

Noting that, for the full success of action regarding the very varied problems of migrant workers, it is essential that there be close co-operation with the United Nations and other specialised agencies, and

Noting that, in the framing of the following standards, account has been taken of the work of the United Nations and of other specialised agencies and that, with a view to avoiding duplication and to ensuring appropriate co-ordination, there will be continuing co-operation in promoting and securing the application of the standards, and

Having decided upon the adoption of certain proposals with regard to migrant workers, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention supplementing the Migration for Employment Convention (Revised), 1949, and the Discrimination (Employment and Occupation) Convention, 1958,

adopts this twenty-fourth day of June of the year one thousand nine hundred and seventy-five the following Convention, which may be cited as the Migrant Workers (Supplementary Provisions) Convention, 1975:

Part I. Migrations in abusive conditions

Article 1

Each Member for which this Convention is in force undertakes to respect the basic human rights of all migrant workers.

Article 2

1. Each Member for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass through or arrive in its territory any movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening relevant international multilateral or bilateral instruments or agreements, or national laws or regulations.

2. The representative organisations of employers and workers shall be fully consulted and enabled to furnish any information in their possession on this subject.

Article 3

Each Member shall adopt all necessary and appropriate measures, both within its jurisdiction and in collaboration with other Members --

Article 4

In particular, Members shall take such measures as are necessary, at the national and the international level, for systematic contact and exchange of information on the subject with other States, in consultation with representative organisations of employers and workers.

Article 5

One of the purposes of the measures taken under Articles 3 and 4 of this Convention shall be that the authors of manpower trafficking can be prosecuted whatever the country from which they exercise their activities.

Article 6

1. Provision shall be made under national laws or regulations for the effective detection of the illegal employment of migrant workers and for the definition and the application of administrative, civil and penal sanctions, which include imprisonment in their range, in respect of the illegal employment of migrant workers, in respect of the organisation of movements of migrants for employment defined as involving the abuses referred to in Article 2 of this Convention, and in respect of knowing assistance to such movements, whether for profit or otherwise.

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 --

Article 12

Each Member shall, by methods appropriate to national conditions and practice --

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 --

Part III. Final provisions

Article 15

This Convention does not prevent Members from concluding multilateral or bilateral agreements with a view to resolving problems arising from its application.

Article 16

1. Any Member which ratifies this Convention may, by a declaration appended to its ratification, exclude either Part I or Part II from its acceptance of the Convention.

2. Any Member which has made such a declaration may at any time cancel that declaration by a subsequent declaration.

3. Every Member for which a declaration made under paragraph 1 of this Article is in force shall indicate in its reports upon the application of this Convention the position of its law and practice in regard to the provisions of the Part excluded from its acceptance, the extent to which effect has been given, or is proposed to be given, to the said provision and the reasons for which it has not yet included them in its acceptance of the Convention.

Article 17

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 18

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 19

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 20

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 21

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 22

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 23

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides --

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 24

The English and French versions of the text of this Convention are equally authoritative.

 Migrant Workers Recommendation, 1975 (No. 151)

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixtieth Session on 4 June 1975, and

Considering that the Preamble of the Constitution of the International Labour Organisation assigns to it the task of protecting "the interests of workers when employed in countries other than their own", and

Recalling the provisions contained in the Migration for Employment Convention and Recommendation (Revised), 1949, and in the Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955, which deal with such matters as the preparation and organisation of migration, social services to be provided to migrant workers and their families, in particular before their departure and during their journey, equality of treatment as regards a variety of matters which they enumerate, and the regulation of the stay and return of migrant workers and their families, and

Having adopted the Migrant Workers (Supplementary Provisions) Convention, 1975, and

Considering that further standards are desirable as regards equality of opportunity and treatment, social policy in regard to migrants and employment and residence, and

Having decided upon the adoption of certain proposals with regard to migrant workers, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation,

adopts this twenty-fourth day of June of the year one thousand nine hundred and seventy-five the following Recommendation, which may be cited as the Migrant Workers Recommendation, 1975:

1. Members should apply the provision of this Recommendation within the framework of a coherent policy on international migration for employment. That policy should be based upon the economic and social needs of both countries of origin and countries of employment; it should take account not only of short-term manpower needs and resources but also of the long-term social and economic consequences of migration for migrants as well as for the communities concerned.

I. Equality of opportunity and treatment

2. Migrant workers and members of their families lawfully within the territory of a Member should enjoy effective equality of opportunity and treatment with nationals of the Member concerned in respect of --

3. Each Member should ensure the application of the principles set forth in Paragraph 2 of this Recommendation in all activities under the control of a public authority and promote its observance in all other activities by methods appropriate to national conditions and practice.

4. Appropriate measures should be taken, with the collaboration of employers' and workers' organisations and other bodies concerned, with a view to --

5. Each Member should ensure that national laws and regulations concerning residence in its territory are so applied that the lawful exercise of rights enjoyed in pursuance of these principles cannot be the reason for non-renewal of a residence permit or for expulsion and is not inhibited by the threat of such measures.

6. A Member may --

7. (1) In order to enable migrant workers and their families to take full advantage of their rights and opportunities in employment and occupation, such measures as may be necessary should be taken, in consultation with the representative organisations of employers and workers --

(2) Where agreements concerning the collective recruitment of workers have been concluded between Members, they should jointly take the necessary measures before the migrants' departure from their country of origin to introduce them to the language of the country of employment and also to its economic, social and cultural environment.

8. (1) Without prejudice to measures designed to ensure that migrant workers and their families enter national territory and are admitted to employment in conformity with the relevant laws and regulations, a decision should be taken as soon as possible in cases in which these laws and regulations have not been respected so that the migrant worker should know whether his position can be regularised or not.

(2) Migrant workers whose position has been regularised should benefit from all rights which, in accordance with Paragraph 2 of this Recommendation, are provided for migrant workers lawfully within the territory of a Member.

(3) Migrant workers whose position has not been or could not be regularised should enjoy equality of treatment for themselves and their families in respect of rights arising out of present and past employment as regards remuneration, social security and other benefits as well as regards trade union membership and exercise of trade union rights.

(4) In case of dispute about the rights referred to in the preceding subparagraphs, the worker should have the possibility of presenting his case to a competent body, either himself or through a representative.

(5) In case of expulsion of the worker or his family, the cost should not be borne by them.

II. Social policy

9. Each Member should, 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.

10. With a view to making the policy as responsive as possible to the real needs of migrant workers and their families, it should be based, in particular, on an examination not only of conditions in the territory of the Member but also of those in the countries of origin of the migrants.

11. The policy should take account of the need to spread the social cost of migration as widely and equitably as possible over the entire collectivity of the country of employment, and in particular over those who profit most from the work of migrants.

12. The policy should be periodically reviewed and evaluated and where necessary revised.

A. Reunification of Families

13. (1) All possible measures should be taken both by countries of employment and by countries of origin to facilitate the reunification of families of migrant workers as rapidly as possible. These measures should include, as necessary, national laws or regulations and bilateral and multilateral arrangements.

(2) A prerequisite for the reunification of families should be that the worker has, for his family, appropriate accommodation which meets the standards normally applicable to nationals of the country of employment.

14. Representatives of all concerned, and in particular of employers and workers, should be consulted on the measures to be adopted to facilitate the reunification of families and their co-operation sought in giving effect thereto.

15. For the purpose of the provisions of this Recommendation relating to the reunification of families, the family of the migrant worker should include the spouse and dependent children, father and mother.

16. With a view to facilitating the reunification of families as quickly as possible in accordance with Paragraph 13 of this Recommendation, each Member should take full account of the needs of migrant workers and their families in particular in its policy regarding the construction of family housing, assistance in obtaining this housing and the development of appropriate reception services.

17. Where a migrant worker who has been employed for at least one year in a country of employment cannot be joined by his family in that country, he should be entitled --

18. Consideration should be given to the possibility of giving the migrant worker financial assistance towards the cost of the travel envisaged in the preceding Paragraph or a reduction in the normal cost of transport, for instance by the arrangement of group travel.

19. Without prejudice to more favourable provisions which may be applicable to them, persons admitted in pursuance of international arrangements for free movement of labour should have the benefit of the measures provided for in Paragraphs 13 to 18 of this Recommendation.

B. Protection of the Health of Migrant Workers

20. All appropriate measures should be taken to prevent any special health risks to which migrant workers may be exposed.

21. (1) Every effort should be made to ensure that migrant workers receive training and instruction in occupational safety and occupational hygiene in connection with their practical training or other work preparation, and, as far as possible, as part thereof.

(2) In addition, a migrant worker should, during paid working hours and immediately after beginning his employment, be provided with sufficient information in his mother tongue or, if that is not possible, in a language with which he is familiar, on the essential elements of laws and regulations and on provisions of collective agreements concerning the protection of workers and the prevention of accidents as well as on safety regulations and procedures particular to the nature of the work.

22. (1) Employers should take all possible measures so that migrant workers may fully understand instructions, warnings, symbols and other signs relating to safety and health hazards at work.

(2) Where, on account of the migrant workers' lack of familiarity with processes, language difficulties or other reasons, the training or instruction given to other workers is inadequate for them, special measures which ensure their full understanding should be taken.

(3) Members should have laws or regulations applying the principles set out in this Paragraph and provide that where employers or other persons or organisations having responsibility in this regard fail to observe such laws or regulations, administrative, civil and penal sanctions might be imposed.

C. Social Services

23. In accordance with the provisions of Paragraph 2 of this Recommendation, migrant workers and their families should benefit from the activities of social services and have access thereto under the same conditions as nationals of the country of employment.

24. In addition, social services should be provided which perform, in particular, the following functions in relation to migrant workers and their families --

(a) giving migrant workers and their families every assistance in adapting to the economic, social and cultural environment of the country of employment;

(b) helping migrant workers and their families to obtain information and advice from appropriate bodies, for instance by providing interpretation and translation services; to comply with administrative and other formalities; and to make full use of services and facilities provided in such fields as education, vocational training and language training, health services and social security, housing, transport and recreation: Provided that migrant workers and their families should as far as possible have the right to communicate with public authorities in the country of employment in their own language or in a language with which they are familiar, particularly in the context of legal assistance and court proceedings;

(c) assisting authorities and bodies with responsibilities relating to the conditions of life and work of migrant workers and their families in identifying their needs and in adapting thereto;

(d) giving the competent authorities information and, as appropriate, advice regarding the formulation, implementation and evaluation of social policy with respect to migrant workers;

(e) providing information for fellow workers and foremen and supervisors about the situation and the problems of migrant workers.

25. (1) The social services referred to in Paragraph 24 of this Recommendation may be provided, as appropriate to national conditions and practice, by public authorities, by approved non-profit-making organisations or bodies, or by a combination of both. The public authorities should have the over-all responsibility of ensuring that these social services are at the disposal of migrant workers and their families.

(2) Full use should be made of services which are or can be provided by authorities, organisations and bodies serving the nationals of the country of employment, including employers' and workers' organisations.

26. Each Member should take such measures as may be necessary to ensure that sufficient resources and adequately trained staff are available for the social services referred to in Paragraph 24 of this Recommendation.

27. Each Member should promote co-operation and co-ordination between different social services on its territory and, as appropriate, between these services and corresponding services in other countries, without, however, this co-operation and co-ordination relieving the States of their responsibilities in this field.

28. Each Member should organise and encourage the organisation, at the national, regional or local level, or as appropriate in a branch of economic activity employing substantial numbers of migrant workers, of periodic meetings for the exchange of information and experience. Consideration should also be given to the exchange of information and experience with other countries of employment as well as with the countries of origin of migrant workers.

29. Representatives of all concerned and in particular of employers and workers should be consulted on the organisation of the social services in question and their co-operation sought in achieving the purposes aimed at.

III. Employment and residence

30. In pursuance of the provision of Paragraph 18 of the Migration for Employment Recommendation (Revised), 1949, that Members should, as far as possible, refrain from removing from their territory, on account of lack of means or the state of the employment market, a migrant worker regularly admitted thereto, the loss by such migrant worker of his employment should not in itself imply the withdrawal of his authorisation of residence.

31. A migrant who has lost his employment should be allowed sufficient time to find alternative employment, at least for a period corresponding to that during which he may be entitled to unemployment benefit; the authorisation of residence should be extended accordingly.

32. (1) A migrant worker who has lodged an appeal against the termination of his employment, under such procedures as may be available, should be allowed sufficient time to obtain a final decision thereon.

(2) If it is established that the termination of employment was not justified, the migrant worker should be entitled, on the same terms as national workers, to reinstatement, to compensation for loss of wages or of other payment which results from unjustified termination, or to access to a new job with a right to indemnification. If he is not reinstated, he should be allowed sufficient time to find alternative employment.

33. A migrant worker who is the object of an expulsion order should have a right of appeal before an administrative or judicial instance, according to conditions laid down in national laws or regulations. This appeal should stay the execution of the expulsion order, subject to the duly substantiated requirements of national security or public order. The migrant worker should have the same right to legal assistance as national workers and have the possibility of being assisted by an interpreter.

34. (1) A migrant worker who leaves the country of employment should be entitled, irrespective of the legality of his stay therein --

(2) Where any claim covered in subparagraph (1) of this Paragraph is in dispute, the worker should be able to have his interests represented before the competent body and enjoy equal treatment with national workers as regards legal assistance .

Appendix C

Ratifications of Conventions Nos. 97 and 143

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

Date of entry into force: 22.01.1952

 

States

 

Ratification
registered

States

Ratification
registered

 

Algeria1

19.10.1962

 

Malawi

22.03.1965

Bahamas 2

25.05.1976

 

Malaysia (Sabah) 2

03.03.1964

Barbados 2

08.05.1967

 

Mauritius 2

02.12.1969

Belgium

27.07.1953

 

Netherlands

20.05.1952

Belize

15.12.1983

 

New Zealand 4

10.11.1950

Bosnia and Herzegovina 3

02.06.1993

 

Nigeria 2

17.02.1955

Brazil

18.06.1965

 

Norway

17.02.1955

Burkina Faso

09.06.1961

 

Portugal

12.12.1978

Cameroon 2

03.09.1962

 

Saint Lucia 2

14.05.1980

Cuba

29.04.1952

 

Slovenia 3

29.05.1992

Cyprus 2

23.09.1960

 

Spain

21.03.1967

Dominica 2

28.02.1983

 

Tanzania (Zanzibar) 2

22.06.1964

Ecuador 2

05.04.1978

 

The former Yugoslav
   Republic of Macedonia


17.11.1991

France 1

29.03.1954

 

Germany

22.06.1959

 

Trinidad and Tobago 2

24.05.1963

Grenada 2

09.07.1979

 

United Kingdom 5

22.01.1951

Guatemala

13.02.1952

 

Uruguay

18.03.1954

Guyana 2

08.06.1966

 

Venezuela

09.06.1983

Israel

30.03.1953

 

Yugoslavia 3, 6

02.12.1964

Italy

22.10.1952

 

Zambia 2

02.12.1964

Jamaica 2

26.12.1962

 

 

 

Kenya 2

30.11.1965

 

Total of ratifications: 41

 

1 Has excluded the provisions of Annex II. 2 Has excluded the provisions of Annexes I to III. 3  Has excluded the provisions of Annex III. 4 Has excluded the provisions of Annex I. 5 Has excluded the provisions of Annexes I and III. 6 With regard to the former Socialist Federal Republic of Yugoslavia, the Federal Republic of Yugoslavia (namely, the territory of Serbia and Montenegro) has still not been recognized in its capacity as Member of the ILO as the successor State to the former Socialist Federal Republic of Yugoslavia as at 11 Dec. 1998.

Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143)

Date of entry into force: 09.12.1978  

 

States

Ratification registered

 

States

Ratification registered

 

Benin

11.06.1980

 

Slovenia

29.05.1992

Bosnia and Herzegovina

02.06.1993

 

Sweden

28.12.1982

Burkina Faso

09.12.1977

 

The former Yugoslav
   Republic of Macedonia


17.11.1991

Cameroon

04.07.1978

 

Cyprus

28.06.1977

 

Togo

08.11.1983

Guinea

05.06.1978

 

Uganda

31.03.1978

Italy

23.06.1981

 

Venezuela

09.06.1983

Kenya

09.04.1979

 

Yugoslavia 1

02.12.1964

Norway

24.01.1979

 

 

 

Portugal

12.12.1978

 

 

 

San Marino

23.05.1985

 

Total of ratifications: 18

 

1 With regard to the former Socialist Federal Republic of Yugoslavia, the Federal Republic of Yugoslavia (namely, the territory of Serbia and Montenegro) has still not been recognized in its capacity as Member of the ILO as the successor State to the former Socialist Federal Republic of Yugoslavia as at 11 Dec. 1998.

Appendix D

Table of reports due and received on the
Migration for Employment Convention (Revised) ( No. 97 )
and Recommendation (Revised) ( No. 86 ), 1949, and on the
Migrant Workers (Supplementary Provisions) Convention
( No. 143 ), and Migrant Workers Recommendation
( No. 151 ), 1975
(article 19 of the Constitution)

Article 19 of the Constitution of the International Labour Organization provides that Members shall "report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body" on the position of their law and practice in regard to the matters dealt with in unratified Conventions and Recommendations. The obligations of Members as regards Conventions are laid down in paragraph 5(e) of the above-mentioned article. Paragraph 6(d) deals with Recommendations, and paragraph 7(a) and (b) deals with the particular obligations of federal States. Article 23 of the Constitution provides that the Director-General shall lay before the next meeting of the Conference a summary of the reports communicated to him by Members in pursuance of article 19, and that each Member shall communicate copies of these reports to the representative organizations of employers and workers.

At its 218th (November 1981) Session, the Governing Body decided to discontinue the publication of summaries of reports on unratified Conventions and on Recommendations and to publish only a list of reports received, on the understanding that the Director-General would make available for consultation at the Conference the originals of all reports received and that copies of reports would be available to members of delegations on request.

At its 267th (November 1996) Session, the Governing Body approved new measures for rationalization and simplification.

From now on, reports received under article 19 of the Constitution appear in simplified form in a table annexed to Report III (Part 1B) of the Committee of Experts on the Application of Conventions and Recommendations.

Requests for consultation or copies of reports may be addressed to the secretariat of the Committee on the Application of Standards.

The reports which are listed below refer to the Migration for Employment Convention (Revised) (No. 97) and Recommendation (Revised) (No. 86), 1949, and to the Migrant Workers (Supplementary Provisions) Convention,1975 (No. 143), and the Migrant Workers Recommendation, 1975 (No. 151).

 

Member States

Convention
No. 97

Recommendation
No. 86

Convention
No. 143

Recommendation
No. 151

Afghanistan

--

--

--

--

Albania

R

R

R

R

Algeria

Ratified

--

--

--

Angola

R

R

R

R

Antigua and Barbuda

R

R

R

R

Argentina

R

R

R

R

Armenia

--

--

--

--

Australia

R

R

R

R

Austria

R

R

R

R

Azerbaijan

R

R

R

R

Bahamas

Ratified

--

--

--

Bahrain

R

R

R

R

Bangladesh

--

--

--

--

Barbados

Ratified

R

R

R

Belarus

R

R

R

R

Belgium

Ratified

R

R

R

Belize

Ratified

--

--

--

Benin

R

R

Ratified

R

Bolivia

--

--

--

--

Bosnia and Herzegovina

Ratified

--

Ratified

--

Botswana

--

--

--

--

Brazil

Ratified

R

R

R

Bulgaria

R

R

R

R

Burkina Faso

Ratified

R

Ratified

R

Burundi

--

--

--

--

Cambodia

--

--

--

--

Cameroon

Ratified

R

Ratified

R

Canada

R

R

R

R

Cape Verde

R

R

R

R

Central African Republic

R

R

R

R

Chad

--

--

--

--

Chile

R

R

R

R

China

R

R

R

R

Colombia

R

R

R

R

Comoros

--

--

--

--

Congo

R

R

R

R

Costa Rica

--

--

--

--

Côte d'Ivoire

R

R

R

R

Croatia

R

R

R

R

Cuba

Ratified

R

R

R

Cyprus

Ratified

R

Ratified

R

Czech Republic

R

R

R

R

Democratic Republic of the Congo

--

--

--

--

Denmark

--

--

--

--

Djibouti

--

--

--

--

Dominica

Ratified

--

--

--

Dominican Republic

--

--

--

--

Ecuador

Ratified

R

R

R

Egypt

R

R

R

R

El Salvador

--

--

--

--

Equatorial Guinea

--

--

--

--

Eritrea

--

--

--

--

Estonia

R

R

R

R

Ethiopia

R

R

R

R

Fiji

--

--

--

--

Finland

R

R

R

R

France

Ratified

R

R

R

Gabon

--

--

--

--

Gambia

--

--

--

--

Georgia

--

--

--

--

Germany

Ratified

R

R

R

Ghana

R

R

R

R

Greece

R

R

R

R

Grenada

Ratified

--

--

--

Guatemala

Ratified

R

R

R

Guinea

--

--

Ratified

--

Guinea-Bissau

--

--

--

--

Guyana

Ratified

--

--

--

Haiti

--

--

--

--

Honduras

--

--

--

--

Hungary

--

--

--

--

Iceland

--

--

--

--

India

R

R

R

R

Indonesia

R

R

R

R

Islamic Republic of Iran

--

--

--

--

Iraq

--

--

--

--

Ireland

R

R

R

R

Israel

Ratified

--

--

--

Italy

Ratified

R

Ratified

R

Jamaica

Ratified

R

R

R

Japan

R

R

R

R

Jordan

R

R

R

R

Kazakhstan

--

--

--

--

Kenya

Ratified

--

Ratified

--

Republic of Korea

R

R

R

R

Kuwait

R

R

R

R

Kyrgyzstan

R

R

R

R

Lao People's Democratic Republic

--

--

--

--

Latvia

--

--

--

--

Lebanon

R

R

R

R

Lesotho

--

--

--

--

Liberia

--

--

--

--

Libyan Arab Jamahiriya

--

--

--

--

Lithuania

R

R

R

R

Luxembourg

R

R

R

R

Madagascar

--

--

--

--

Malawi

Ratified

--

--

--

Malaysia

Ratified

--

--

--

Mali

R

R

R

R

Malta

--

--

--

--

Mauritania

--

--

--

--

Mauritius

Ratified

R

R

R

Mexico

R

R

R

R

Republic of Moldova

--

--

--

--

Mongolia

--

--

--

--

Morocco

R

R

R

R

Mozambique

R

R

R

R

Myanmar

--

--

--

--

Namibia

--

--

--

--

Nepal

R

--

R

--

Netherlands

Ratified

R

R

R

New Zealand

Ratified

R

R

R

Nicaragua

R

R

R

R

Niger

--

--

--

--

Nigeria

Ratified

--

--

--

Norway

Ratified

R

Ratified

R

Oman

R

R

R

R

Pakistan

R

R

R

R

Panama

R

R

R

R

Papua New Guinea

R

R

R

R

Paraguay

R

R

R

R

Peru

R

R

R

R

Philippines

R

R

R

R

Poland

R

R

R

R

Portugal

Ratified

R

Ratified

R

Qatar

R

R

R

R

Romania

R

R

R

R

Russian Federation

--

--

--

--

Rwanda

--

--

--

--

Saint Kitts and Nevis

--

--

--

--

Saint Lucia

Ratified

--

--

--

Saint Vincent and the Grenadines

--

--

--

--

San Marino

R

R

Ratified

R

Sao Tome and Principe

--

--

--

--

Saudi Arabia

R

R

R

R

Senegal

--

--

--

--

Seychelles

--

--

--

--

Sierra Leone

--

--

--

--

Singapore

R

R

R

R

Slovakia

R

R

R

R

Slovenia

Ratified

--

Ratified

--

Solomon Islands

--

--

--

--

Somalia

--

--

--

--

South Africa

R

R

R

R

Spain

Ratified

R

R

R

Sri Lanka

R

R

R

R

Sudan

--

--

--

--

Suriname

R

R

R

R

Swaziland

--

--

--

--

Sweden

R

R

Ratified

R

Switzerland

R

R

R

R

Syrian Arab Republic

R

R

R

R

Tajikistan

R

R

R

R

United Republic of Tanzania

Ratified

--

--

--

Thailand

R

R

R

R

The former Yugoslav Republic of Macedonia

Ratified

--

Ratified

--

Togo

R

R

Ratified

R

Trinidad and Tobago

Ratified

--

--

--

Tunisia

R

R

R

R

Turkey

R

R

R

R

Turkmenistan

--

--

--

--

Uganda

--

--

Ratified

--

Ukraine

--

--

--

--

United Arab Emirates

R

R

R

R

United Kingdom

Ratified

R

R

R

United States

R

R

R

R

Uruguay

Ratified

R

R

R

Uzbekistan

--

--

--

--

Venezuela

Ratified

R

Ratified

R

Viet Nam

R

R

R

R

Yemen

R

R

R

R

Zambia

Ratified

--

--

--

Zimbabwe

R

R

R

R

R = report received; -- = report not received.

Note: In addition, a total of 33 reports have been received in respect of the following non--metropolitan territories in relation to one or all of the four instruments: United Kingdom (Anguilla, Bermuda, British Virgin Islands, Falkland Islands (Malvinas), Gibraltar, Guernsey, Isle of Man, Jersey, Montserrat, St. Helena).

Appendix E

List of legislation relating to migrant workers by country

Explanatory note: This annex contains a selection of the most important legal texts in the field of migration in those countries which have submitted reports under articles 19 and 22 of the ILO Constitution, and which the Committee has consulted in its preparatory work to this General Survey. Where possible, the Committee has listed for each country the Labour Code or basic labour legislation, in addition to legislation relating to migration. If some country listings are more detailed than others, this has been determined by the content of the reports which the Committee has examined, as well as the fact that the Committee has, in some cases, had access to other sources of information. It should equally be pointed out that this list of legislation is restricted in scope to migration in the strict sense of the term. The Committee has also examined, however, in addition to this information, constitutional texts, bilateral and multilateral agreements, legislation relating to freedom of association, social security, human rights law which contain provisions relating to the principle of non-discrimination in employment, and other pertinent legislation which, for practical reasons, it has not been possible to include on this list.

Albania

-- Loi no 7961 du 12 juillet 1995 portant Code du travail de la République d'Albanie.
-- Loi no 7959 du 25 mai 1995 relative à la migration.

Algeria

-- Loi no 78-12 du 5 août 1978 relative au statut général du travailleur.
-- Loi no 81-10 du 11 juillet 1981 relative aux conditions d'emploi des travailleurs étrangers.

Angola

-- Ley núm. 6/81, Ley General del Trabajo.
-- Ley núm. 3/94, de 21 de enero de 1994, por la cual se regula el sistema legal que rige los extranjeros en Angola.
-- Ley núm. 7 por la que se aprueba el estatuto de los trabajadores contratados en régimen de cooperación.
-- Decreto núm. 11, de 9 de junio de 1986, por el que se aprueba el reglamento de la contratación de los trabajadores extranjeros residentes, así como el contrato modelo.

Antigua and Barbuda

-- Antigua Labour Code, No. 14 of 1975.
-- Emigrant Labourers' Protection Act (Chapter 148 of the Laws of Antigua and Barbuda), 19 March 1924.
-- Immigration and Passport Act (Chapter 150 of the Laws of Antigua and Barbuda), 30 December 1963.
-- Work Permits Act, No. 6 of 1971.

Argentina

-- Régimen de contrato de trabajo [texto ordenado de 1976; aprobado por ley núm. 20744, de 1974] última modificación en 1996.
-- Ley núm. 24013, de l5 de diciembre de 1991, Ley Nacional de Empleo, modificada en 1995.
-- Ley núm. 22439/81, Ley de Migraciones y Fomento de la Inmigración, modificada por la ley núm. 24393, de 18 de noviembre de 1994, sobre admisión de personas con discapacidad física o psíquica a la categoría de admisión de sus padres.
-- Decreto núm. 1023/94 por el cual se aprueba el Reglamento de Migración.
-- Ley núm. 24493 por la que se adoptan medidas en relación a la denominada «mano de obra nacional», de 1995, modificada por el decreto núm. 845/95.

Australia

-- Workplace Relations Act, 1996, as amended to 12 March 1997.
-- Migration Act, 1958, numerous amendments.
-- Migration Regulations, No. 268 of 1994, as amended in 1994, 1995, 1996 and 1997.
-- Migration Agents Regulations, No. 53 of 1998.

Austria

-- Employment Promotion Act, BGB1 No. 685 of 1991, last amended by BGBl No. 450 of 1994.
-- Employee Leasing Act, BGB1 No. 196 of 1988, last amended by BGBl No. 314 of 1994.
-- Works Constitution Act, BGB1 No. 22 of 1974, last amended by BGBl. I No. 30 of 1998.
-- Entry, Residence and Settlement of Foreigners Act (Federal), BGB1.I No. 75 of 1997.
-- Employment of Foreigners Act, No. 218 of 1975, last amended by BGBl No. 78 of 1997.
-- Employment of Foreigners Regulations, No. 609 of 1990, last amended by BGBl No. 666 of 1994.

Azerbaijan

-- Individual Labour Contracts Act, 1995.
-- Fundamental Principles Governing the Labour Legislation of 10 December 1971, as amended to 1 November 1993.

Bahamas

-- Fair Labour Standards Act, No. 13 of 1970.
-- Recruitment of Workers Act, 1939.
-- Immigration Act, 1967, last amended in 1997.
-- Immigration Regulations, last amended in 1994.

Bahrain

-- Employment in the Private Sector Act, promulgated by Legislative Decree, No. 23 of 1976, amended by Legislative Decree in 1993.
-- Duration of Work Permits for Non-Bahraini Workers, Procedures for their Renewal and Applicable Fees Order (Ministry of Labour and Social Affairs), No. 9 of 1994, as amended by Order No. 10 of 1995.
-- Conditions and Procedures to be Observed in Contracts Concluded by Employers with Intermediaries for the Procurement of Non-Bahraini Labour from Abroad Order (Ministry of Labour and Social Affairs), No. 21 of 1994.

Barbados

-- Immigration Act, 1952.
-- Immigration Regulations, 1952.
-- Emigration Act, 1904.

Belarus

-- Labour Code, 1972, last amended 6 January 1998.
-- Legal Status of Foreigners and Stateless Persons in the Republic of Belarus Act, No. 2339-XII.
-- Regulation of Immigration for Employment Purposes Order (Council of Ministers), No. 832.
-- State Migration Department Regulation, No. 544 of 1993.

Belgium

-- Loi du 3 juillet 1978 relative au contrat de travail (nombreuses modifications).
-- Loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (dernière modification le 9 mars 1998).
-- Arrêté royal du 6 novembre 1967 relatif aux conditions d'octroi et de retrait des autorisations d'occupation et des permis de travail pour les travailleurs de nationalité étrangère (dernière modification le 10 juin 1998).
-- Arrêté royal du 8 octobre 1981 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (dernière modification le 12 juin 1998).

Belize

-- Labour Act (Chapter 234 of the Laws of Belize), last amended by Act No. 17 of 1986.
-- Immigration Act (Chapter 121 of the Laws of Belize, section 35), Immigration Regulations (amended in 1990 and 1991).
-- Immigration Ordinance Act (Chapter 163 of the Laws of Belize), 1958, as amended by Ordinance No. 1 of 1966.

Benin

-- Loi no 98-004 du 27 janvier 1997 portant Code du travail en République du Bénin.
-- Loi no 86-012 du 26/2/86 portant régime des étrangers en République du Bénin.

Bosnia and Herzegovina

-- Constitution of Bosnia and Herzegovina (Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina), 1995.

Brazil

-- Decreto-ley núm. 5452, de 1.° de mayo de 1943, por el que se aprueba la Codificación de las Leyes del Trabajo (consolidación en 1985, última modificación en 1994).
-- Código Penal (arts. 206-207).
-- Ley núm. 6815, de 19 de agosto de 1980 por la cual se regula la situación jurídica de los extranjeros en Brasil y se crea el Consejo Nacional de Inmigración.
-- Decreto núm. 86715, de 10 de diciembre de 1981 el cual reglamenta la ley núm. 6815.

Bulgaria

-- Labour Code, 1986.
-- Foreigners' Stay in the Republic Act, 1972, amended to 1994.
-- Instruction on the Provisions of Issuing Work Permits to Foreigners Decree (Council of Ministers), No. 267 of 30 December 1992, amended to 1994.

Burkina Faso

-- Décret no 92-279/PRES du 31 décembre 1992 promulguant la loi no 11/92/ADP du 22 décembre 1992 portant Code du travail.
-- Décret no 74/350/PRES/FPT du 10 septembre 1974 portant création d'une commission nationale permanente pour les problèmes de migration.

Cameroon

-- Loi no 92/007 du 14 août 1992 portant Code du travail.
-- Loi no 90-43 du 19 décembre 1990 relative aux conditions d'entrée, de séjour et de sortie du territoire camerounais.
-- Décret no 90/1246 du 24 août 1990 relative aux conditions d'entrée, de séjour et de sortie des étrangers du territoire camerounais.

Canada

Federal legislation

-- Canada Labour Code R.S.C. 1985, c.L.2 proclaimed in force 12 December 1988; last amended on 20 March 1997.
-- Immigration Act, last amended in 1997.
-- Immigration Regulations, 1978, last amended in 1998.
-- Federal Court Immigration Rules (1993), SOR/93-22.

Provincial legislation

Alberta

-- Labour Relations Code, as amended to 5 July 1990.
-- Employment Standards Code, as amended to 8 July 1992.

British Columbia

-- Employment Standards Act, as amended to 28 June 1993.
-- Labour Relations Code, 1992.

Manitoba

-- Labour Relations Act, 1987, as amended to 1 January 1993.

Nova Scotia

-- Nova Scotia Labour Standards Code.

Quebec

-- Loi sur l'immigration (LRQ, c.1-0.2).
-- Règlement relatif à la sélection des ressortissants étrangers (RRQ, c.M- 23.1, r.2).

Ontario

-- Employment Agencies Act (Ontario).
-- Employment Standards Act (Ontario).

Cape Verde

-- Decreto ley núm. 62/87 sobre régimen jurídico general de las relaciones del trabajo modificado por decreto ley 51-A/89 y en 1993.

Central African Republic

-- Loi no 61/221 du 2 juin 1961 portant Code du travail.
-- Loi no 64-39 du 26 novembre 1964 instituant le contrôle de l'emploi des travailleurs étrangers.
-- Ordonnance no 73/095 du 9/11/73 réglementant le recrutement de la main-d'œuvre en République centrafricaine.
-- Décret no 64/336 de novembre 1964 sur les déclarations obligatoires de main-d'œuvre et sur le placement, modifié par le décret no 73/462 du 9 novembre 1973.

Chile

-- Decreto con fuerza de ley núm. 1, de 1994, por el cual se fija el texto refundido, coordinado y sistematizado del Código del Trabajo.
-- Decreto ley núm. 1094, de 1975, que establece normas sobre extranjeros en el país, modificado por ley núm. 19273 de 1993.

China

-- Labour Act, 5 July 1994.
-- Administration of Employment of Foreigners in China Rules, 1996.
-- Overseas Employment Services Administrative Regulations, 1992.

Hong Kong

-- Employment Ordinance, Chapter 57.
-- Immigration Ordinance, Chapter 115.
-- Immigration (Amendment) Ordinance, No. 48 of 1992.

Colombia

-- Ley núm. 50, de 28 de diciembre de 1990, por la que se introducen reformas al Código Sustantivo de Trabajo y se dictan otras disposiciones.
-- Decreto ley núm. 2145, de 1992, de competencias del Ministerio del Trabajo.
-- Decreto ley núm. 2371, de 1996, sobre Expedición de Visas, Control de Extranjeros y otras disposiciones en materia de inmigración.

Congo

-- Loi no 45/75 du 15 mars 1975 instituant le Code du travail (modifiée par la loi no 6-96 du 6 mars 1996).
-- Loi no 23-96 du 6 juin 1996 fixant les conditions d'entrée, de séjour et de sortie des étrangers.

Côte d'Ivoire

-- Loi no 95-15 du 12 janvier 1995 portant Code du travail.
-- Décret no 96-193 du 7 mars 1996 (recrutement des non-nationaux).

Croatia

-- Labour Act, 1995.
-- Employment Act, 1996.
-- Employment of Foreigners Act, 1992.
-- Movement and Stay of Foreigners Act, 1991.
-- Health Insurance of foreigners in the Republic of Croatia Act, 1997.

Cuba

-- Ley núm. 49, de 28 de diciembre de 1985, Código del Trabajo.
-- Ley núm. 1312, de 20 de septiembre de 1976, Ley de Migración.
-- Ley núm. 1313, de 20 septiembre de 1976, Ley de Extranjería.
-- Decreto núm. 26, de 19 de julio de 1978, Reglamento de la Ley de Migración.

Cyprus

-- Foreigners and Migration Act, last amended in 1997.

Czech Republic

-- Labour Code, 1965, amended and supplemented in 1991.
-- Employment Act, No. 1 of 1991.
-- Residence of Foreigners Act, No. 123 of 1992.

Dominica

-- Recruiting of Workers Act (Chapter 117 in the Laws of Dominica), 1961.
-- Caribbean Community Skilled Nationals Act, 1995.

Ecuador

-- Codificación del Código del Trabajo, 1997.
-- Ley de Extranjería.
-- Reglamento a la Ley de Extranjería, 1986.
-- Ley de Migración.
-- Decreto núm. 1658, de 1994, por el cual se modifica el Reglamento a la Ley de Migración.

Egypt

-- Labour Code Act, No. 137 of 1981, as amended to 1993.
-- Regulations Governing the Recruitment of Egyptians for Employment Abroad Order (Ministry on Manpower and Training), No. 98 of 1991.
-- Employment of Egyptian Workers by Foreign Establishments Act, No. 231 of 1996.

Estonia

-- Employment Contracts Act, 15 April 1992, as amended to 18 December 1996.
-- Aliens Act, 8 July 1993, as amended to 11 July 1997 (consolidated text), amended to 24 September 1997.

Ethiopia

-- Labour Proclamation, No. 42 of 1993.
-- Security, Immigration and Refugee Affairs Authority Establishment Proclamation, No. 6 of 1995.

Finland

-- Employment Contracts Act, No. 320 of 1970.
-- Finnish Aliens Act, No. 378 of 1991, as amended by Act No. 154 of 1995.

France

-- Code du travail (dernières modifications 1997).
-- Loi no 98-349 du 11 mai 1998 relative à l'entrée et au séjour des étrangers en France.
-- Loi no 97-210 du 11 mars 1997 relative au renforcement de la lutte contre le travail illégal.
-- Décret no 97-213 du 11 mars 1997 relatif à la coordination de la lutte contre le travail illégal.
-- Décret no 97-638 du 31 mai 1997 pris pour l'application de la loi no 97-210 du 11 mars 1997 relative au renforcement de la lutte contre le travail illégal.
-- Loi no 97-396 du 24 avril 1997 portant diverses dispositions relatives à l'immigration.
-- Décret no 98-314 du 24 avril 1998 portant création d'un délégué interministériel au codéveloppement et aux migrations internationales.

Germany

-- Works Constitution Act, 15 January 1972.
-- Illegal Employment Act, 15 December 1981.
-- Foreigners Act, No. 1354 of 9 July 1990, as amended in 1997.
-- Work Permits for Alien Workers Ordinance (Consolidated Text), 2 March 1971, numerous amendments.

Ghana

-- Labour Decree, 1967.
-- Labour Regulations, No. 632 of 1969.
-- Aliens Act, 1963.
-- Aliens (Amendment) Regulations, No. 1581 of 1994.

Greece

-- Loi no 1975/91 sur l'entrée, la sortie, le séjour, l'emploi, l'expulsion des étrangers, la procédure de reconnaissance des réfugiés, et autres dispositions.
-- Décret présidentiel no 358/97 sur la résidence légale et le travail des étrangers qui ne sont pas ressortissants des Etats membres de l'Union européenne.
-- Décret présidentiel no 359/97 sur l'octroi de carte de séjour de durée limitée aux étrangers.

Grenada

-- Recruiting of Workers Act (Chapter 227 of the Laws of Grenada).
-- Immigration (Restriction) Ordinance (Chapter 143 of the Revised Laws of Grenada), 1958.
-- Immigration (Restriction) Regulations (Revised Laws of Grenada), No. 103, 1958.
-- Immigration Act (Chapter 145 of the Laws of Grenada), 1990 (previously entitled the "Immigration Restriction Act 1969", renamed in 1990 upon revision).

Guatemala

-- Código de Trabajo, de 29 de abril de 1971, en su tenor actualizado a 1995.
-- Decreto-ley núm. 22-86 de Migración y Extranjería.
-- Acuerdo Gubernativo núm. 316-95, Reglamento de Autorización del Trabajo de Personas Extranjeras a Empleadores del Sector Privado.

Guinea

-- Ordonnance no 003/PRG/SGG/88 du 28 janvier 1988 portant institution du Code du travail de la République de Guinée.
-- Ordonnance no 054/PRG/SG/87 du 22 juillet 1987 portant conditions d'entrée et de séjour des étrangers en République de Guinée.

Guyana

-- Labour Act (Chapter 98:01), No. 2 of 1942 (Consolidated to 1973).
-- Recruiting of Workers Ordinance (Chapter 106).
-- Immigration Ordinance (Chapter 98).
-- Indian Labour (Chapter 104 of the Laws of British Guyana), 1 July 1953.

Indonesia

-- Manpower Affairs Act, No. 25 of 1997.
-- Foreign Workers Utilization Plan.
-- Recruitment of Workers Domestically and Overseas Regulation (Minister of Manpower), No. PER-02/MEN/1994 of 1994.
-- Presidential Decree concerning the Employment of Expatriates, No. 75 of 1995.
-- Protection of Indonesian Manpower Abroad through Insurance Decree (Minister of Manpower), No. KEP-92/MEN/1998 of 1998.

Israel

-- Employment Service Act, 1959.
-- Entry into Israel Act, 1959.
-- Foreign Workers (Unlawful Employment) Act, 1991.

Italy

-- Loi no 39/90 portant (transformation en loi du décret-loi no 416 du 30 décembre 1989) règles urgentes sur l'asile politique, l'entrée et le séjour de ressortissants de pays non membres de la Communauté européenne et la régularisation de la situation desdits ressortissants et des apatrides présents sur le territoire de l'Etat; d'immigration en réglementant les flux migratoires et les conditions de séjour des citoyens extracommunautaires.
-- Loi no 142 du 19 février 1992, portant dispositions relatives à la mise en œuvre des obligations nées de l'appartenance de l'Italie aux Communautés européennes.
-- Loi no 943/86 portant dispositions en matière de placement et de traitement des travailleurs immigrés extracommunautaires et contre l'immigration clandestine (modifiée par la loi no 40/98).
-- Loi no 40 du 6 mars 1998 réglementant l'immigration et le statut des étrangers.

Jamaica

-- Recruiting of Workers Act (Laws of Jamaica, Vol. XV, up to date 1990).
-- Foreign National and Commonwealth Citizens (Employment) Act, 1964 (Laws of Jamaica, Vol. VI, up to date 1990).
-- Caribbean Community (Free Movement) of Skilled Persons Act, 1997.
-- Overseas Employment Programme.

Japan

-- Labour Standards Act, No. 49 of 7 April 1947, as amended by Act No. 107 of 9 June 1995.
-- Employment Security Act, No. 141 of 30 November 1947, as amended by Act No. 89 of 12 November 1993.
-- Immigration Control and Refugee Recognition Act (Cabinet Order), No. 319 of 1951, as last amended by Law 94 of 1991.
-- Ordinance of the Ministry of Justice, No. 54 of 1981, respecting enforcement of the Immigration Control and Refugee Recognition Act (as amended through Ordinance No. 20 of 1993), last amended in 1996 and 1997.

Jordan

-- Labour Code Promulgation Act, No. 8 of 1996.
-- Work Permit Fees for Non-Jordanian Workers Regulations, No. 36 of 1997.

Kenya

-- Employment Act (Chapter 226), No. 2 of 1976 (consolidated to 1984).
-- Aliens Restriction Act, No. 5 of 1973.
-- Immigration Act (Chapter 172), No. 25 of 1967, as amended by Act. No. 6 of 1972.
-- Immigration Regulations, No. 235 of 1967.

Republic of Korea

-- Labour Standards Act, No. 286 of 10 May 1953, as amended, inter alia, by Act No. 3349 of 31 December 1980.
-- Immigration Control Act.
-- Emigration Act, 1962.
-- Exit and Entry Control Act, 1963, as amended in 1992.
-- Guidelines on the Protection and Management of Foreign Industrial Trainees (Ministry of Labour), 14 February 1995.

Kuwait

-- Labour Code Act, No. 38 of 1964.
-- Private Sector Labour Code (Act No. 28 of 1964), as amended by Act No. 30 of 1995.
-- Ministerial Resolution Regarding the Regulation of Employment in the Private Sector, No. 106 of 1994.
-- Order of the Ministry of Social Affairs and Labour, No. 111 of 1995.

Kyrgyzstan

-- Labour Code, 4 October 1997.
-- Employment Act, 1991.
-- Presidential Decree Regarding the State Policy of the Republic of Kyrgyzstan on Cross-Border Migrant Workers, 5 January 1993.
-- Governmental Order Regarding Migration, No. 345 of 30 July 1993.

Lebanon

-- Loi du 23 septembre 1946 portant Code du travail (dans sa teneur modifiée au 31 décembre 1993).
-- Loi du 10 juillet 1962 réglementant l'entrée et le séjour des étrangers au Liban ainsi que leur sortie [Version 1994].
-- Décret no 10188 du 28 juillet 1962 relatif à la mise en œuvre de la loi du 10 juillet 1962 réglementant l'entrée et le séjour des étrangers au Liban ainsi que leur sortie du pays [Codification de 1994].
-- Décret no 17561 du 18 septembre 1964 réglementant le travail des étrangers [Codification de 1994].

Lithuania

-- Employment Contracts Act, No. I-2048 of 1991, last amended in 1997.
-- Immigration Act, 1991.
-- Emigration Act, No. I-1946 of 1991.
-- Legal Status of Foreigners Act, No. I-1750 of 1991.
-- Provisional Order on Temporary Employment of Foreigners in the Republic of Lithuania, approved by Regulation No. 237 of 13 February 1995.
-- Legal Situation of Foreigners in Lithuania Act, as amended by Act No. I-1584 of 9 October 1996.

Luxembourg

-- Loi du 24 mai 1989 sur le contrat de travail (modifiée en 1995).
-- Texte coordonné du 1er février 1996 de la loi du 28 mars 1972 concernant: 1) l'entrée et le séjour des étrangers; 2) le contrôle médical des étrangers; 3) l'emploi de la main-d'œuvre étrangère.
-- Règlement grand-ducal du 22 juin 1998 portant modification: 1) du règlement grand-ducal modifié du 28 mars 1972 relatif aux conditions d'entrée et de séjour de certaines catégories d'étrangers faisant l'objet de conventions internationales; 2) du règlement grand-ducal du 17 octobre 1995 sur le contrôle médical des étrangers.
-- Loi du 27 juillet 1993 concernant l'intégration des étrangers au Grand-Duché de Luxembourg ainsi que l'action sociale en faveur des étrangers.

Malawi

-- Employment Act (Chapter 55:02).
-- Labour Relations Act, No. 16 of 1996.
-- Africa Emigration and Immigration Workers' Act (Chapter 56:02).
-- Immigration Act (Chapter 15.03), as amended by the Immigration (Amendment) Act, No. 21 of 1987.

Malaysia

-- Employment Act, No. 265 of 1955, as amended in 1981.
-- Employment (Restriction) Act, No. 353 of 1968, as amended in 1988.

Sabah

-- Labour Ordinance (Sabah) (Chapter 67), No. 18 of 1949, as amended in 1955 and 1959.
-- Labour Ordinance (Sabah), 1987. Notification under the Malaysian Migration Fund Board Rules 1966, No. S3.

Mali

-- Loi no 92-020 du 23 septembre 1992 portant Code du travail en République du Mali.
-- Arrêté no 1566/MEFPT-SG du 7 octobre 1996 portant modalités d'application de certaines dispositions du Code du travail.

Mauritius

-- Labour Act, 1975.
-- Recruitment of Workers Act, No. 39 of 1993.
-- Recruitment of Workers Regulations, 1994.
-- Non-Citizens (Employment Restrictions) Act, 1970.

Mexico

-- Ley federal del trabajo [Texto vigente al 1.o de octubre de 1995]
-- Ley general de población.
-- Ley federal contra la delincuencia organizada, 1996.

Morocco

-- Dahir du 2 juillet 1947 portant réglementation du travail (tel que modifié en dernier lieu par le décret royal portant loi du 3 juin 1966).
-- Dahir du 15/11/1934 réglementant l'immigration au Maroc.
-- Dahir du 16/5/41 relatif aux autorisations de séjour.

Mozambique

-- Ley núm. 8 por la que se aprueba la ley del trabajo, 1985.
-- Decreto núm. 44/309, de 27 de abril de 1962, por el cual se promulga el Código de Trabajo Rural.
-- Decreto ley núm. 1/76, de 6 de enero, por el cual se regula el régimen de empleo de los extranjeros.
-- Decreto núm. 44/89, por el que se crea el Instituto Nacional de apoyo a los emigrantes mozambiqueños, designado abreviadamente como INAME, y se aprueba el estatuto orgánico respectivo.

Nepal

-- Labour Act, 1992, as amended in 1998.
-- Foreign Employment Act, 1985, as amended in 1998.
-- Immigration Act, 1992.
-- Immigration Rules, 1994.

Netherlands

-- Labour Act, 1919 (consolidated in 1977).
-- Employment of Foreign Workers Act, 9 November 1978, as amended to 28 June 1990.
-- Decree to Bring into Effect a New Regulation under the Provision of Employment Act, 23 August 1995.
-- Decree to amend the Royal Decree of 23 August 1995 on the Execution of the Foreign Labourers' Act, No. 406 of 14 November 1997.
-- Promotion of Proportional Labour Participation of Migrant Workers Act, 11 May 1994.

New Zealand

-- Employment Contracts Act, No. 22 of 1991.
-- Immigration Act, 1987, last amended by the Immigration (Migrant Levy) Amendment Act, No. 23 of 1998.
-- Inmigration Regulations, 1987.

Nicaragua

-- Ley núm. 185 por la que se dicta el Código del Trabajo.
-- Ley núm. 153 de migración.
-- Ley núm. 154 de extranjería, 1993.
-- Ley de incentivos migratorios, 19 de febrero de 1997.

Nigeria

-- Labour Act (Chapter 198), No. 21 of 1974, as amended to 31 December 1989.
-- Ordinance to Impose Restrictions on Immigrants, 1939.
-- Immigration Ordinance, No. 30 of 1945, as amended in 1946.
-- Immigration Regulations, No. 36 of 1946.

Norway

-- Workers' Protection and the Working Environment Act, No. 4 of 1977, as amended by Act No. 24 of 1998.
-- Entry of Foreign Nationals into the Kingdom of Norway and their Presence in the Realm Act, 24 June 1988.
-- Aliens Act, 26 January 1973, as amended in 1988 and 1992.

Oman

-- Omani Labour Code (Sultani Decree), No. 34/72, as amended.

Pakistan

-- Foreigners Act, 1946.
-- Foreigners Order, 1951.
-- Registration of Foreigners Rules, 1966.
-- Registration of Foreigners (Exemption) Order, 1966.
-- Emigration Ordinance, No. 17 of 1979.
-- Emigration Rules, 1979.

Panama

-- Código de Trabajo de 1972 (texto actualizado hasta agosto de 1995).
-- Decreto ejecutivo núm. 17, de 18 de abril de 1994, el cual reglamenta las funciones del Departamento de Migraciones Laborales del Ministerio del Trabajo.

Papua New Guinea

-- Employment Act, 1978.
-- Employment of Non-Citizens Act, as amended to 1983.
-- Non-Citizens Regulations.

Paraguay

-- Ley núm. 213 que establece el Código del Trabajo, 1993, modificado por ley núm. 496 de 1995.
-- Ley núm. 978 de Migraciones, de 3 de octubre de 1996.
-- Decreto núm. 18295, de 28 de agosto de 1997, por el cual se reglamenta la ley de migraciones.

Peru

-- Decreto legislativo núm. 728, por el que dictan ley de fomento del empleo, de 1991, modificada por la ley núm. 26513, de 1995.
-- Decreto legislativo núm. 689, de 4 de noviembre de 1991, por el que se establecen normas para la contratación de trabajadores extranjeros, modificado por la ley núm. 26196, de 9 de junio de 1993.
-- Decreto Supremo núm. 014-92-TR, reglamento de la ley de contratación de trabajadores extranjeros.

Philippines

-- Labor Code (Presidential Decree), No. 442 of 1974, as amended, inter alia, in 1981, 1986 and 1989.
-- Migrant Workers and Overseas Filipinos Act, No. 8042 of 1995.
-- Alien Social Integration Act, No. 7919 of 1995.

Poland

-- Proclamation of the Minister of Labour and Social Policy on the Publication of a Consolidated Text of the Labour Code, 23 December 1997.
-- Foreigners Act, No. 739 of 25 June 1997.

Portugal

-- Decreto ley núm. 60/93, por el que se establece el régimen jurídico de entrada, permanencia y salida del territorio portugués de nacionales de Estados miembros de la Comunidad Europea.
-- Decreto ley núm. 39/98, de 25 de febrero, por el cual se crea el Consejo Consultivo para los Asuntos Migratorios.
-- Decreto ley núm. 244/98, de 8 de agosto, por el que se reglamenta la entrada, permanencia, salida y la expulsión del territorio nacional.
-- Ley núm. 65/98, de 2 de septiembre, por la que se modifica el Código Penal (engaño a trabajadores migrantes).

Qatar

-- Labour Code Act, No. 3 of 1962, as amended by Act. No. 12 of 1989.
-- Regulation of the Entry and Residence of Foreigners in Qatar Act, No. 3 of 1963.
-- Regulation of the Operation of Labour-Importing Agencies Act, No. 14 of 1992.

Romania

-- Loi no 10 du 23 novembre 1972 portant Code du travail (mise à jour au 1er mai 1994).
-- Loi no 25/1969 sur la résidence des citoyens étrangers.
-- Décret-loi no 10/1990 sur la résidence des citoyens étrangers.
-- Arrêté du gouvernement no 207/1997 (livret de travail pour les étrangers).

Saint Lucia

-- Labour (Amendment) Regulations, No. 23 of 1971.
-- Foreign Nationals and Commonwealth Citizens (Employment) Act, No. 3 of 1971.
-- Foreign Nationals and Commonwealth Citizens (Employment) Regulations, No. 9 of 1971.

San Marino

-- Loi no 7 du 17 février 1961 relative à la protection du travail et des travailleurs.

Saudi Arabia

-- Labour Code (Royal Decree), No. M/21 of 6 September 1989.

Singapore

-- Immigration (Amendment) Act, No. 41 of 1995.
-- Immigration (Amendment No. 4) Regulations, No. S 167 of 1996.
-- Central Provident Fund to Employers of Foreign Employees Act.
-- Central Provident Fund (Approved Employees Scheme) (Amendment) Regulations, No. S 571 of 1995.
-- Central Provident Fund (Permanent Residents and Employees) Regulations, No. S 321of 1995.

Slovakia

-- Labour Code Provision Act, No. 451 of 1992 (consolidated text of 1992).
-- Collection of Acts on Employment Act, No. 387 of 1996.

Slovenia

-- Basic Rights in Labour Relations Act, 1989 and 1990.
-- Labour Relations Act, 1990, 1991 and 1993.
-- Protection of Citizens Temporarily Working Abroad Act, 1980.
-- Foreigners Act, 1991.
-- Employment of Foreigners Act, 1992.
-- Instruction on the Application of the Act on Employment of Foreigners, 3 September 1997.

South Africa

-- Basic Conditions of Employment Act, No. 75 of 1997.
-- Aliens Control Act, No. 96 of 1991, amended in 1993 and 1995.
-- Aliens Control Regulations, No. R999, 1996.

Spain

-- Real Decreto Legislativo núm. 1/1995, de 24 de marzo, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores.
-- Ley Orgánica núm. 7 sobre derechos y libertades de los extranjeros en España, 1985.
-- Real Decreto núm. 155/1996, de 2 de febrero, por el que se aprueba el Reglamento de ejecución de la Ley Orgánica núm. 7/1985.
-- Real Decreto núm. 1099 sobre entrada, permanencia y trabajo en España de ciudadanos de Estados miembros de las Comunidades Europeas, 1986.

Sri Lanka

-- Immigrants and Emigrants Act, 1980.
-- Estate Labour (Indian) Ordinance, 1980.
-- Indian Immigrant Labour Ordinance, 1980.
-- Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985, as amended in 1994.
-- Sri Lanka Bureau of Foreign Employment Regulations, 1985.

Suriname

-- Employment Services Act, No. 10 of 22 August 1964.
-- Decree Workpermit Foreigners, No. 162 of 1981.

Sweden

-- Protection of Employment Act, 1974, as amended in 1990.
-- Aliens Act, No. 529 of 1989, as amended by Act No. 773 of 1995 and Act No.1224 of 1997.
-- Aliens' Ordinance, No. 547 of 1989, last amended by Act No. 677 of 1997.

Switzerland

-- Loi fédérale du 26 mars 1931 sur le séjour et l'établissement des étrangers, [Codification de 1993].
-- Règlement de la loi fédérale sur le séjour et l'établissement des étrangers, 1949 [Codification de 1993].
-- Ordonnance du Conseil fédéral du 6 octobre 1986 limitant le nombre des étrangers [Codification de 1991].
-- Loi sur le service de l'emploi et la location de services du 6 octobre 1986.

Syrian Arab Republic

-- Code du travail, loi no 91 de 1959 (et ses amendements).
-- Décret législatif no 84, 1969, relatif à l'organisation syndicale des travailleurs en Syrie, dernière modification 1997.

Tajikistan

-- Labour Code, No. 417 of 15 May 1997.
-- Decree concerning Primary Measures for Addressing Issues relating to the Emigration of Tajik Citizens, No. 15 of 24 January 1994.
-- Legal Status of Foreign Citizens in the Republic of Tajikistan Act, 1 February 1996.
-- Government Decree concerning Measures Regulating Labour Emigration, No. 35 of 15 January 1997.

United Republic of Tanzania

-- Immigration Act, No. 7 of 1995.

Zanzibar

-- Labour Act (Zanzibar), No. 3 of 1997.

Thailand

-- Labour Protection Act, No. 2541 of 1998.
-- Alien Work Permit Act, No. 2521 of 1978.
-- Royal Decree Stipulating the Occupations and Professions Prohibited to Aliens, No. 2522 of 1979.
-- Employment Agencies and Employment Seekers' Protection Act, No. 2 of 1994.

The former Yugoslav Republic of Macedonia

-- Employment Act, 1987, as amended on 22 December 1993.
-- Act to amend the Act on Conditions of Establishment of Labour Relations with Foreign Citizens, 1993.

Togo

-- Ordonnance no 16 du 8 mai 1974 portant Code du travail.

Trinidad and Tobago

-- Employment Exchange Ordinance (Chapter 22), No. 2.
-- Recruiting of Workers Ordinance (Chapter 22), No. 7.
-- Employment Exchange Regulations.
-- Immigration Act, No. 41 of 30 December 1969.
-- Immigration (Amendment) Act, 16 April 1974.

Tunisia

-- Code du travail, approuvé par la loi no 66-27 du 30 avril 1966 (dans sa teneur révisée au 21 février 1994).
-- Loi no 96-62 du 15 juillet 1996 portant modification de certaines dispositions du Code du travail (articles 258, 259, 261-263, 267 et 269 relatifs aux travailleurs étrangers).
-- Loi no 68-7 du 8 mars 1968 relative à la condition des étrangers en Tunisie.
-- Décret d'application no 68-198 du 22/6/68 réglementant l'entrée et le séjour des étrangers en Tunisie.
-- Loi no 83-111 du 9 décembre 1983 instituant l'Agence de promotion de la formation professionnelle et l'Agence pour la promotion de l'emploi et les travailleurs tunisiens à l'étranger.
-- Décret no 88-53 du 9 janvier 1988 relatif au recrutement de la main-d'œuvre étrangère par les entreprises industrielles totalement exportatrices.

Turkey

-- Loi no 1475 du 25 août 1971, Code du travail, modifié en 1975, 1979, 1980, 1981, 1982, 1983.
-- Loi no 5683 sur la résidence et séjour des étrangers.
-- Loi no 2007 comprenant des restrictions pour l'emploi des étrangers, modifiée par les lois nos 2634, 6224, 6235 et 6326.

Uganda(1)

United Arab Emirates

-- Regulation of Employment Relationships Act, No. 8 of 1980, as amended.
-- Migration and Residence Act, No. 6 of 1973, as amended by Entry and Residence of Foreigners Act, No. 13 of 1996.

United Kingdom

-- Contracts of Employment Act (Chapter 53), 1972.
-- Employment Rights Act (Chapter 18), 1996.
-- Immigration Act (Chapter 77), 1971.
-- Immigration Act 1988 (Commencement No. 3) Order 1994, No. 1923 (C.35) of 1994.
-- Immigration (European Economic Area) Order, No. 1895 of 1994.
-- Asylum and Immigration Act, 1996.

Anguilla

-- Immigration and Passport Ordinance, No. 14 of 1980.

Bermuda

-- Bermuda Constitution Order, 1968.
-- Bermuda Immigration and Protection Act (Part V), 1956.

British Virgin Islands

-- Labour Code Ordinance, 1975.

Solomon Islands

-- British Solomon Islands Order, 1974.

Dominica

-- Commonwealth of Dominica Constitution Order, No. 1027 of 1978.

Falkland Islands (Malvinas)

-- Immigration Ordinance, 1987.
-- Illegal Immigrants Order, No. 26 of 1992.
-- Permanent Residence Permits (Application) Regulations, No. 6 of 1996.

Gibraltar

-- Employment and Training Ordinance.
-- Employment (Amendment) Ordinance 1989, No. 23.
-- Employment (Workers Contractual Terms) (Information) Regulations, No. 166 of 1991.
-- Employment Regulations, 1994.
-- Immigration Control Ordinance.

Guernsey

-- Industrial Disputes and Conditions of Employment (Guernsey) Act.

Isle of Man

-- Immigration Act, 1971, as extended to the Isle of Man by the Immigration (Isle of Man) Order, No. 2630 of 1991 and the Immigration (Isle of Man) Order 1997, No. 275 of 1997.

Jersey

-- Immigration (Work Permits) (Jersey) Rules.

Montserrat

-- Montserrat Constitution Order, No. 2401 of 1989.

Saint Helena

-- Immigration Control Ordinance, No. 3 of 1998.

United States

-- Immigration and Nationality Act, 1952 (INA), 8 U.S.C. §1101 et seq.
-- Immigration Reform and Control Act, 1986 (IRCA). Public Law 99-603 (S. 1200), 8 U.S.C.
-- Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
-- Migrants and Seasonal Agricultural Workers Protection Act (MSPA), 29 U.S.C. §1801 et seq.
-- 8 Code of Federal Regulations: Aliens and Nationality: Control of Employment of Aliens, 1992.

Uruguay

-- Decreto de 28 de febrero de 1947 sobre el ingreso de extranjeros al país.
-- Ley núm. 16736, de 5 de enero de 1996, en lo que respecta a sanciones en caso de infracciones a normas laborales.
-- Decreto de 13 de agosto de 1997 de creación de la Comisión Nacional de Asuntos Migratorios.

Venezuela

-- Ley Orgánica del Trabajo, de 27 de noviembre de 1990.
-- Ley de reforma parcial de la Ley Orgánica del Trabajo, de 19 de junio de 1997.
-- Decreto núm. 1281, de 2 de abril de 1996, por el cual se crea la Comisión Nacional de Migración.

Viet Nam

-- Labour Code of the Socialist Republic of Viet Nam, 1994.
-- Decree on Sending Vietnamese Nationals to Work Overseas, No. 07/CP of 20 January 1995.
-- Official Letter on Implementation of a Number of Provisions of Labour Laws, No. 658-LDTBXH-CV of 1996.
-- Decree on Issuance of Work Permits for Foreigners Working in Enterprises and Organizations in Viet Nam, No. 58-CP of 1996.
-- Circular Providing Guidance for the Granting of Work Permits to Foreigners Working at Enterprises and Organizations in Viet Nam, No. 09-LDTBXH/TT.

Yemen

-- Labour Code Act, No. 5 of 1995, as amended by Act No. 25 of 1997.
-- Entry and Residence of Foreigners Act, No. 47 of 1991.

Yugoslavia(2)

Zambia

-- Employment Act (Chapter 512), No. 57 of 1965.
-- Immigration and Deportation Act (Chapter 122), No. 343 of 1965, No. 29 of 1965.
-- Immigration and Deportation Regulations, 1965.
-- Aliens (Registration and Status) Act (Chapter AI 25 of the Applied Laws), 1965 edition.

Zimbabwe

-- Labour Relations Act, 1984.
-- Labour Relations (General) Regulations, No. 368 of 1985.
-- Immigration Act, 1979.
-- Immigration Regulations.
-- Immigration (Amendments) Regulations, No. 12 (No. 96C) of 1993 and No. 13 (No. 348) of 1993.

 

1. The Committee does not have available to it any legislative information dating since 1980, the date of the first report of the Government on the application of Convention No. 143. The Committee notes that, following the adoption of a new Constitution in 1995, the Government has undertaken to revise its labour legislation with the technical assistance of the Office. For more details, see the direct request addressed to the Government in 1995bis.

2. The Federal Republic of Yugoslavia (i.e. the territory of Serbia and Montenegro) is still not recognized as continuing automatically the membership of the former Socialist Federal Republic of Yugoslavia (SFRY) in the ILO as at 11 December 1998.


Updated by HK. Approved by RH. Last update: 26 January 2000.

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