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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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employer
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... Considering that workers who are non-
documented
or in an
irregular situation
are frequently employed under less
favourable
conditions of work
than other workers and that certain
employers
find
this an inducement to
seek
such
labour
in
order
to reap the
benefits
of unfair
competition
, ...
... Considering also that
recourse
to the
employment
of
migrant workers
who are in an
irregular situation
will be discouraged if the
fundamental
human rights
of all
migrant workers
are more widely recognized and, moreover, that granting certain additional
rights
to
migrant workers
and
members
of their
families
in a
regular situation
will
encourage
all
migrants
and
employers
to
respect
and comply with the
laws
and
procedures
established
by the
States
concerned
, ...
ARTICLE-2
[
go to this ARTICLE
]
... (f) The
term
"
project-tied worker
" refers to a
migrant worker
admitted to a
State of employment
for a defined
period
to
work
solely on a
specific project
being carried out in that
State
by his or her
employer
; ...
... (i) Who has been sent by his or her
employer
for a
restricted
and defined
period
of
time
to a
State of employment
to
undertake
a
specific
assignment or
duty
; or ...
... (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-25
[
go to this ARTICLE
]
... 3.
States Parties
shall take all appropriate
measures
to ensure that
migrant workers
are not
deprived
of any
rights
derived from this
principle
by
reason
of any
irregularity
in their stay or
employment
. In particular,
employers
shall not be relieved of any
legal
or
contractual obligations
, nor shall their
obligations
be limited in any
manner
by
reason
of such
irregularity
. ...
ARTICLE-33
[
go to this ARTICLE
]
... 2.
States Parties
shall take all
measures
they deem appropriate to
disseminate
the said
information
or to ensure that it is provided by
employers
,
trade unions
or other appropriate
bodies
or
institutions
. As appropriate, they shall
co-operate
with other
States
concerned
. ...
ARTICLE-43
[
go to this ARTICLE
]
... 3.
States
of
employment
shall not
prevent
an
employer
of
migrant workers
from
establishing
housing
or
social
or
cultural
facilities
for them.
Subject
to
article
70
of the present
Convention
, a
State of employment
may make the
establishment
of such
facilities
subject
to the
requirements
generally applied in that
State
concerning
their
installation
. ...
ARTICLE-54
[
go to this ARTICLE
]
... 2. If a
migrant worker
claims
that the
terms
of his or her
work
contract
have been
violated
by his or her
employer
, he or she shall have the
right
to
address
his or her
case
to the
competent authorities
of the
State of employment
, on
terms
provided for in
article
18
, paragraph 1, of the present
Convention
. ...
ARTICLE-61
[
go to this ARTICLE
]
... 2. If a
project-tied worker
claims
that the
terms
of his or her
work
contract
have been
violated
by his or her
employer
, he or she shall have the
right
to
address
his or her
case
to the
competent authorities
of the
State
which has
jurisdiction
over that
employer
, on
terms
provided for in
article
18
, paragraph 1, of the present
Convention
. ...
... 2. If a
project-tied worker
claims
that the
terms
of his or her
work
contract
have been
violated
by his or her
employer
, he or she shall have the
right
to
address
his or her
case
to the
competent authorities
of the
State
which has
jurisdiction
over that
employer
, on
terms
provided for in
article
18
, paragraph 1, of the present
Convention
. ...
ARTICLE-65
[
go to this ARTICLE
]
... (c) The
provision
of appropriate
information
, particularly to
employers
, workers and their
organizations
on
policies
,
laws
and
regulations
relating to
migration
and
employment
, on
agreements
concluded with other
States
concerning
migration
and on other
relevant
matters; ...
ARTICLE-66
[
go to this ARTICLE
]
... 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-68
[
go to this ARTICLE
]
... 2.
States
of
employment
shall take all adequate and effective
measures
to
eliminate
employment
in their
territory
of
migrant workers
in an
irregular situation
,
including
, whenever appropriate,
sanctions
on
employers
of such workers. The
rights
of
migrant workers
vis-a-vis their
employer
arising from
employment
shall not be impaired by these
measures
. ...
... 2.
States
of
employment
shall take all adequate and effective
measures
to
eliminate
employment
in their
territory
of
migrant workers
in an
irregular situation
,
including
, whenever appropriate,
sanctions
on
employers
of such workers. The
rights
of
migrant workers
vis-a-vis their
employer
arising from
employment
shall not be impaired by these
measures
. ...
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