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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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activity
[
Global Index
]
ARTICLE-1
[
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]
... 2. The present
Convention
shall apply during the entire
migration
process of
migrant workers
and
members
of their
families
, which comprises
preparation
for
migration
,
departure
,
transit
and the entire
period
of stay and remunerated
activity
in the
State of employment
as well as
return
to the
State of origin
or the
State
of
habitual residence
. ...
ARTICLE-2
[
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]
... 1. The
term
"
migrant worker
" refers to a
person
who is to be engaged, is engaged or has been engaged in a remunerated
activity
in a
State
of which he or she is not a
national
. ...
... (h) The
term
"
self-employed worker
" refers to a
migrant worker
who is engaged in a remunerated
activity
otherwise than under acontract of
employment
and who earns his or her
living
through this
activity
normally
working
alone or together with
members
of his or her
family
, and to any other
migrant worker
recognized as
self-employed
by applicable
legislation
of the
State of employment
or
bilateral
or
multilateral agreements
. ...
... (h) The
term
"
self-employed worker
" refers to a
migrant worker
who is engaged in a remunerated
activity
otherwise than under acontract of
employment
and who earns his or her
living
through this
activity
normally
working
alone or together with
members
of his or her
family
, and to any other
migrant worker
recognized as
self-employed
by applicable
legislation
of the
State of employment
or
bilateral
or
multilateral agreements
. ...
ARTICLE-3
[
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]
... (f) Seafarers and workers on an
offshore
installation
who have not been admitted to take up
residence
and engage in a remunerated
activity
in the
State of employment
. ...
ARTICLE-5
[
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]
... (a) Are considered as
documented
or in a
regular situation
if they are
authorized
to enter, to stay and to engage in a remunerated
activity
in the
State of employment
pursuant to the
law
of that
State
and to
international agreements
to which that
State
is a
party
; ...
ARTICLE-6
[
go to this ARTICLE
]
... (b) The
term
"
State of employment
" means a
State
where the
migrant worker
is to be engaged, is engaged or has been engaged in a remunerated
activity
, as the
case
may be; ...
ARTICLE-26
[
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]
... (a) To take part in
meetings
and
activities
of
trade unions
and of any other
associations
established
in
accordance
with
law
, with a
view
to
protecting
their
economic
,
social
,
cultural
and other
interests
,
subject
only to the
rules
of the
organization
concerned
; ...
ARTICLE-37
[
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]
... Before their
departure
, or at the latest at the
time
of their
admission
to the
State of employment
,
migrant workers
and
members
of their
families
shall have the
right
to be
fully
informed by the
State of origin
or the
State of employment
, as appropriate, of all
conditions
applicable to their
admission
and particularly those
concerning
their stay and the remunerated
activities
in which they may engage as well as of the
requirements
they must satisfy in the
State of employment
and the
authority
to which they must
address
themselves for any
modification
of those
conditions
. ...
ARTICLE-46
[
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]
...
Migrant workers
and
members
of their
families
shall,
subject
to the applicable
legislation
of the
States
concerned
, as well as
relevant
international agreements
and the
obligations
of the
States
concerned
arising out of their
participation
in
customs unions
, enjoy
exemption
from
import
and
export
duties
and taxes in
respect
of their
personal
and
household
effects
as well as the
equipment
necessary to engage in the remunerated
activity
for which they were admitted to the
State of employment
: ...
ARTICLE-49
[
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]
... 1. Where separate
authorizations
to reside and to engage in
employment
are required by
national legislation
, the
States
of
employment
shall issue to
migrant workers
authorization
of
residence
for at least the same
period
of
time
as their
authorization
to engage in remunerated
activity
. ...
... 2.
Migrant workers
who in the
State of employment
are allowed
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permits
or similar
authorizations
. ...
... 2.
Migrant workers
who in the
State of employment
are allowed
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permits
or similar
authorizations
. ...
... 3. In
order
to allow
migrant workers
referred to in paragraph 2 of the present article sufficient
time
to
find
alternative remunerated
activities
, the
authorization
of
residence
shall not be withdrawn at least for a
period
corresponding
to that during which they may be entitled to
unemployment benefits
. ...
ARTICLE-51
[
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]
...
Migrant workers
who in the
State of employment
are not permitted
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permit
, except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. Such
migrant workers
shall have the
right
to
seek
alternative
employment
,
participation
in
public work
schemes
and
retraining
during the remaining
period
of their
authorization
to
work
,
subject
to such
conditions
and
limitations
as are specified in the
authorization
to
work
. ...
...
Migrant workers
who in the
State of employment
are not permitted
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permit
, except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. Such
migrant workers
shall have the
right
to
seek
alternative
employment
,
participation
in
public work
schemes
and
retraining
during the remaining
period
of their
authorization
to
work
,
subject
to such
conditions
and
limitations
as are specified in the
authorization
to
work
. ...
...
Migrant workers
who in the
State of employment
are not permitted
freely
to
choose
their remunerated
activity
shall neither be regarded as in an
irregular situation
nor shall they lose their
authorization
of
residence
by the mere
fact
of the
termination
of their remunerated
activity
prior
to the
expiration
of their
work permit
, except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. Such
migrant workers
shall have the
right
to
seek
alternative
employment
,
participation
in
public work
schemes
and
retraining
during the remaining
period
of their
authorization
to
work
,
subject
to such
conditions
and
limitations
as are specified in the
authorization
to
work
. ...
ARTICLE-52
[
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]
... 1.
Migrant workers
in the
State of employment
shall have the
right
freely
to
choose
their remunerated
activity
,
subject
to the following
restrictions
or
conditions
. ...
... (a)
Restrict
access
to limited
categories
of
employment
, functions,
services
or
activities
where this is necessary in the
interests
of this
State
and provided for by
national legislation
; ...
... (b)
Restrict
free choice
of remunerated
activity
in
accordance
with its
legislation
concerning
recognition
of
occupational qualifications
acquired outside its
territory
. However,
States Parties
concerned
shall endeavour to provide for
recognition
of such
qualifications
. ...
... (a) Make the
right
freely
to
choose
their remunerated
activities
subject
to the
condition
that the
migrant worker
has resided lawfully in its
territory
for the
purpose
of remunerated
activity
for a
period
of
time
prescribed in its
national legislation
that should not exceed two
years
; ...
... (a) Make the
right
freely
to
choose
their remunerated
activities
subject
to the
condition
that the
migrant worker
has resided lawfully in its
territory
for the
purpose
of remunerated
activity
for a
period
of
time
prescribed in its
national legislation
that should not exceed two
years
; ...
... (b)
Limit
access
by a
migrant worker
to remunerated
activities
in pursuance of a
policy
of granting
priority
to its
nationals
or to
persons
who are assimilated to them for these
purposes
by
virtue
of
legislation
or
bilateral
or
multilateral agreements
. Any such
limitation
shall cease to apply to a
migrant worker
who has resided lawfully in its
territory
for the
purpose
of remunerated
activity
for a
period
of
time
prescribed in its
national legislation
that should not exceed five
years
. ...
... (b)
Limit
access
by a
migrant worker
to remunerated
activities
in pursuance of a
policy
of granting
priority
to its
nationals
or to
persons
who are assimilated to them for these
purposes
by
virtue
of
legislation
or
bilateral
or
multilateral agreements
. Any such
limitation
shall cease to apply to a
migrant worker
who has resided lawfully in its
territory
for the
purpose
of remunerated
activity
for a
period
of
time
prescribed in its
national legislation
that should not exceed five
years
. ...
ARTICLE-53
[
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]
... 1.
Members
of a
migrant worker
's
family
who have themselves an
authorization
of
residence
or
admission
that is without
limit
of
time
or is automatically
renewable
shall be permitted
freely
to
choose
their remunerated
activity
under the same
conditions
as are applicable to the said
migrant worker
in
accordance
with article
52
of the present
Convention
. ...
... 2. With
respect
to
members
of a
migrant worker
's
family
who are not permitted
freely
to
choose
their remunerated
activity
,
States Parties
shall consider favourably granting them
priority
in obtaining
permission
to engage in a remunerated
activity
over other workers who
seek
admission
to the
State of employment
,
subject
to applicable
bilateral
and
multilateral agreements
. ...
... 2. With
respect
to
members
of a
migrant worker
's
family
who are not permitted
freely
to
choose
their remunerated
activity
,
States Parties
shall consider favourably granting them
priority
in obtaining
permission
to engage in a remunerated
activity
over other workers who
seek
admission
to the
State of employment
,
subject
to applicable
bilateral
and
multilateral agreements
. ...
ARTICLE-54
[
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]
... (d)
Access
to alternative
employment
in the
event
of loss of
work
or
termination
of other remunerated
activity
,
subject
to article
52
of the present
Convention
. ...
ARTICLE-55
[
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]
...
Migrant workers
who have been
granted
permission
to engage in a remunerated
activity
,
subject
to the
conditions
attached to such
permission
, shall be entitled to
equality of treatment
with
nationals
of the
State of employment
in the
exercise
of that remunerated
activity
. ...
...
Migrant workers
who have been
granted
permission
to engage in a remunerated
activity
,
subject
to the
conditions
attached to such
permission
, shall be entitled to
equality of treatment
with
nationals
of the
State of employment
in the
exercise
of that remunerated
activity
. ...
ARTICLE-58
[
go to this ARTICLE
]
... 2.
States
of
employment
shall consider favourably granting
frontier workers
the
right
freely
to
choose
their remunerated
activity
after a specified
period
of
time
. The granting of that
right
shall not
affect
their
status
as
frontier workers
. ...
ARTICLE-59
[
go to this ARTICLE
]
... 2. The
State of employment
shall,
subject
to paragraph 1 of the present article, consider granting
seasonal workers
who have been employed in its
territory
for a
significant
period
of
time
the possibility of taking up other remunerated
activities
and giving them
priority
over other workers who
seek
admission
to that
State
,
subject
to applicable
bilateral
and
multilateral agreements
. ...
ARTICLE-63
[
go to this ARTICLE
]
... 2. Without
prejudice
to articles
52
and
79
of the present
Convention
, the
termination
of the
economic
activity
of the
self-employed workers
shall not in itself imply the
withdrawal
of the
authorization
for them or for the
members
of their
families
to stay or to engage in a remunerated
activity
in the
State of employment
except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. ...
... 2. Without
prejudice
to articles
52
and
79
of the present
Convention
, the
termination
of the
economic
activity
of the
self-employed workers
shall not in itself imply the
withdrawal
of the
authorization
for them or for the
members
of their
families
to stay or to engage in a remunerated
activity
in the
State of employment
except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. ...
... 2. Without
prejudice
to articles
52
and
79
of the present
Convention
, the
termination
of the
economic
activity
of the
self-employed workers
shall not in itself imply the
withdrawal
of the
authorization
for them or for the
members
of their
families
to stay or to engage in a remunerated
activity
in the
State of employment
except where the
authorization
of
residence
is expressly dependent upon the
specific
remunerated
activity
for which they were admitted. ...
ARTICLE-65
[
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]
... (d) The
provision
of
information
and appropriate
assistance
to
migrant workers
and
members
of their
families
regarding requisite
authorizations
and
formalities
and
arrangements
for
departure
,
travel
, arrival, stay, remunerated
activities
, exit and
return
, as well as on
conditions of work
and
life
in the
State of employment
and on
customs
,
currency
,
tax
and other
relevant
laws
and
regulations
. ...
ARTICLE-74
[
go to this ARTICLE
]
... 4. The
Committee
may invite the specialized
agencies
and
organs
of the
United Nations
, as well as
intergovernmental organizations
and other
concerned
bodies
to submit, for
consideration
by the
Committee
,
written
information
on such matters dealt with in the present
Convention
as fall within the
scope
of their
activities
. ...
ARTICLE-81
[
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]
... 2. Nothing in the present
Convention
may be interpreted as implying for any
State
,
group
or
person
any
right
to engage in any
activity
or perform any
act
that would
impair
any of the
rights
and
freedoms
as set forth in the present
Convention
. ...
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