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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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authorization
[
Global Index
]
ARTICLE-2
[
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]
... (iii) Who, upon the
request
of his or her
employer
in the
State of employment
, engages for a
restricted
and defined
period
of
time
in
work
whose
nature
is transitory or brief; and who is required to depart from the
State of employment
either at the
expiration
of his or her
authorized
period
of stay, or earlier if he or she no longer
undertakes
that
specific
assignment or
duty
or engages in that
work
; ...
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-16
[
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]
... 6.
Migrant workers
and
members
of their
families
who are
arrested
or
detained
on a
criminal charge
shall be brought promptly before a
judge
or other
officer
authorized
by
law
to
exercise
judicial power
and shall be entitled to
trial
within a
reasonable time
or to
release
. It shall not be the
general rule
that while awaiting
trial
they shall be
detained
in
custody
, but
release
may be
subject
to
guarantees
to appear for
trial
, at any other stage of the
judicial proceedings
and, should the occasion arise, for the
execution
of the
judgement
. ...
ARTICLE-20
[
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]
... 2. No
migrant worker
or
member
of his or her
family
shall be
deprived
of his or her
authorization
of
residence
or
work permit
or
expelled
merely on the ground of failure to fulfil an
obligation
arising out of a
work
contract
unless fulfilment of that
obligation
constitutes a
condition
for such
authorization
or
permit
. ...
... 2. No
migrant worker
or
member
of his or her
family
shall be
deprived
of his or her
authorization
of
residence
or
work permit
or
expelled
merely on the ground of failure to fulfil an
obligation
arising out of a
work
contract
unless fulfilment of that
obligation
constitutes a
condition
for such
authorization
or
permit
. ...
ARTICLE-21
[
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]
... It shall be
unlawful
for anyone, other than a
public official
duly
authorized
by
law
, to
confiscate
,
destroy
or
attempt
to
destroy
identity documents
,
documents
authorizing
entry
to or stay,
residence
or
establishment
in the
national territory
or
work permits
. No
authorized
confiscation
of such
documents
shall take
place
without
delivery
of a detailed
receipt
. In no
case
shall it be permitted to
destroy
the
passport
or
equivalent
document
of a
migrant worker
or a
member
of his or her
family
. ...
... It shall be
unlawful
for anyone, other than a
public official
duly
authorized
by
law
, to
confiscate
,
destroy
or
attempt
to
destroy
identity documents
,
documents
authorizing
entry
to or stay,
residence
or
establishment
in the
national territory
or
work permits
. No
authorized
confiscation
of such
documents
shall take
place
without
delivery
of a detailed
receipt
. In no
case
shall it be permitted to
destroy
the
passport
or
equivalent
document
of a
migrant worker
or a
member
of his or her
family
. ...
... It shall be
unlawful
for anyone, other than a
public official
duly
authorized
by
law
, to
confiscate
,
destroy
or
attempt
to
destroy
identity documents
,
documents
authorizing
entry
to or stay,
residence
or
establishment
in the
national territory
or
work permits
. No
authorized
confiscation
of such
documents
shall take
place
without
delivery
of a detailed
receipt
. In no
case
shall it be permitted to
destroy
the
passport
or
equivalent
document
of a
migrant worker
or a
member
of his or her
family
. ...
ARTICLE-38
[
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]
... 1.
States
of
employment
shall make every effort to
authorize
migrant workers
and
members
of the
families
to be temporarily absent without
effect
upon their
authorization
to stay or to
work
, as the
case
may be. In doing so,
States
of
employment
shall take into
account
the
special
needs and
obligations
of
migrant workers
and
members
of their
families
, in particular in their
States
of
origin
. ...
... 1.
States
of
employment
shall make every effort to
authorize
migrant workers
and
members
of the
families
to be temporarily absent without
effect
upon their
authorization
to stay or to
work
, as the
case
may be. In doing so,
States
of
employment
shall take into
account
the
special
needs and
obligations
of
migrant workers
and
members
of their
families
, in particular in their
States
of
origin
. ...
... 2.
Migrant workers
and
members
of their
families
shall have the
right
to be
fully
informed of the
terms
on which such
temporary
absences are
authorized
. ...
ARTICLE-43
[
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]
... 2.
States Parties
shall
promote
conditions
to ensure effective
equality of treatment
to enable
migrant workers
to enjoy the
rights
mentioned in paragraph 1 of the present
article
whenever the
terms
of their stay, as
authorized
by the
State of employment
,
meet
the appropriate
requirements
. ...
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
. ...
... 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
. ...
... 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-50
[
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]
... 1. In the
case
of
death
of a
migrant worker
or
dissolution
of
marriage
, the
State of employment
shall favourably consider granting
family members
of that
migrant worker
residing in that
State
on the basis of
family
reunion an
authorization
to stay; the
State of employment
shall take into
account
the length of
time
they have already resided in that
State
. ...
... 2.
Members of the family
to whom such
authorization
is not
granted
shall be allowed before
departure
a
reasonable
period
of
time
in
order
to enable them to settle their
affairs
in the
State of employment
. ...
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
. ...
...
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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]
... 4.
States
of
employment
shall prescribe the
conditions
under which a
migrant worker
who has been admitted to take up
employment
may be
authorized
to engage in
work
on his or her own
account
.
Account
shall be taken of the
period
during which the
worker
has already been lawfully in the
State of employment
. ...
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
. ...
ARTICLE-54
[
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]
... 1. Without
prejudice
to the
terms
of their
authorization
of
residence
or their
permission
to
work
and the
rights
provided for in
articles
25
and
27
of the present
Convention
,
migrant workers
shall enjoy
equality of treatment
with
nationals
of the
State of employment
in
respect
of: ...
ARTICLE-56
[
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]
... 2.
Expulsion
shall not be resorted to for the
purpose
of depriving a
migrant worker
or a
member
of his or her
family
of the
rights
arising out of the
authorization
of
residence
and the
work permit
. ...
ARTICLE-63
[
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]
... 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-66
[
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]
... 2.
Subject
to any
authorization
,
approval
and
supervision
by the
public authorities
of the
States Parties
concerned
as may be
established
pursuant to the
legislation
and
practice
of those
States
,
agencies
, prospective
employers
or
persons
acting on their behalf may also be permitted to
undertake
the said
operations
. ...
ARTICLE-67
[
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]
... 1.
States Parties
concerned
shall
co-operate
as appropriate in the
adoption
of
measures
regarding the orderly
return
of
migrant workers
and
members
of their
families
to the
State of origin
when they
decide
to
return
or their
authorization
of
residence
or
employment
expires or when they are in the
State of employment
in an
irregular situation
. ...
ARTICLE-93
[
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]
... IN
WITNESS
WHEREOF the undersigned
plenipotentiaries
, being duly
authorized
thereto by their respective
Governments
, have
signed
the present
Convention
. ...
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