Preamble
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 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:
I
- 1. For the purpose of this Recommendation--
- (a) 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;
- (b) the term recruitment means--
- (i) the engagement of a person in one territory on behalf of an employer in another
territory, or
- (ii) the giving of an undertaking to a person in one territory to provide him with
employment in another territory, together with the making of any arrangements in
connection with the operations mentioned in (i) and (ii) including the seeking for and
selection of emigrants and the preparation for departure of the emigrants;
- (c) the term introduction means any operations for ensuring
or facilitating the arrival in or admission to a territory of persons who have been
recruited within the meaning of subparagraph (b);
- (d) the term placing means any operations for the purpose of
ensuring or facilitating the employment of persons who have been introduced within the
meaning of subparagraph (c).
- 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--
- (a) frontier workers;
- (b) short-term entry of members of the liberal professions and artistes; and
- (c) seamen.
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--
- (a) by public authorities; or
- (b) by one or more voluntary organisations not conducted with a view to profit,
approved for the purpose by the public authorities, and subject to the supervision of the
said authorities; or
- (c) partly by the public authorities and partly by one or more voluntary organisations
fulfilling the conditions stated in subparagraph (b) of this Paragraph.
- (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--
- (a) to ensure that migrants for employment are provided in case of necessity with
adequate accommodation, food and clothing on arrival in the country of immigration;
- (b) to ensure, where necessary, vocational training so as to enable the migrants for
employment to acquire the qualifications required in the country of immigration;
- (c) 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 migrants for employment as the migrants may desire;
- (d) to arrange, in the case of permanent migration, for the transfer, where desired,
to the country of immigration, of the capital of migrants for employment, within the
limits allowed by national laws and regulations concerning export and import of
currency;
- (e) to provide access to schools for migrants and members of their families.
- 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--
- (a) to official bodies; or
- (b) where appropriate, to private bodies of the territory of immigration duly
authorised and, where necessary in the interest of the migrant, supervised by the
competent authority of the territory of emigration.
- (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--
- (a) cease to be applied to migrants who have regularly resided in the country for a
period, the length of which should not, as a rule, exceed five years; and
- (b) cease to be applied to the wife and children of an age to work who have been
authorised to accompany or join the migrant, at the same time as they cease to be applied
to the migrant.
- 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--
- (a) that the length of time the said
migrant has been in the territory of immigration shall be taken into account and that in
principle no migrant shall be removed who has been there for more than five years;
- (b) that the migrant must have exhausted his rights to unemployment insurance
benefit;
- (c) that the migrant must have been given reasonable notice so as to give him time,
more particularly to dispose of his property;
- (d) that suitable arrangements shall have been made for his transport and that of the
members of his family;
- (e) that the necessary arrangements shall have been made to ensure that he and the
members of his family are treated in a humane manner; and
- (f) that the costs of the return of the migrant and the members of his family and of
the transport of their household belongings to their final destination shall not fall on
him.
- 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 (Note: 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.)
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:
- (a) legislative and administrative provisions relating to entry, employment,
residence and settlement of migrants and of their families;
- (b) the number, the categories and the occupational qualifications of the migrants
desired;
- (c) the conditions of life and work for the migrants and, in particular, cost of
living and minimum wages according to occupational categories and regions of employment,
supplementary allowances, if any, nature of employments available, bonus on engagement,
if any, social security systems and medical assistance, provisions concerning transport
of migrants and of their tools and belongings, housing conditions and provisions for the
supply of food and clothing, measures relating to the transfer of the migrants' savings
and other sums due in virtue of this Agreement;
- (d) special facilities, if any, for migrants;
- (e) facilities for general education and vocational training for migrants;
- (f) measures designed to promote rapid adaptation of migrants;
- (g) procedure and formalities required for naturalisation.
- 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 :
- (a) legislative and administrative provisions relating to emigration;
- (b) the number and occupational qualifications of intending emigrants, as well as
the composition of their families;
- (c) the social security system;
- (d) special facilities, if any, for migrants;
- (e) the environment and living conditions to which migrants are
accustomed;
- (f) the provisions in force regarding the export of capital.
- 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--
- (a) civil status;
- (b) legal status;
- (c) occupational qualifications;
- (d) general education and vocational training; and
- (e) participation in social security systems.
- 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 :
- (a) the requirements for migrants and members of their families, as to age,
physical aptitude and health, as well as the occupational qualifications for the various
branches of economic activity and for the various occupational categories;
- (b) the categories of the members of the migrants' families authorised to
accompany or to join them.
- 2. The parties shall also determine, in accordance with the provisions of
Article 28 of this Agreement :
- (a) the numbers and occupational categories of migrants to be recruited in the course
of a stated period;
- (b) the areas of recruitment and the areas of placing and settlement [except that in
the case of refugees and displaced persons the determination of the areas of recruitment
shall be reserved 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. 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
:
- (a) with respect to medical selection:
- (i) the nature of the medical examination which migrants shall undergo (general
medical examination, X-ray examination, laboratory examination, etc.) ;
- (ii) the drawing up of lists of diseases and physical defects which clearly
constitute a disability for employment in certain occupations;
- (iii) minimum health provisions prescribed by international health conventions and
relating to movement of population from one country to another;
- (b) with respect to vocational selection:
- (i) qualifications required of migrants with respect to each occupation or groups
of occupations;
- (ii) enumeration of alternative occupations requiring similar qualifications or
capacities on the part of the workers in order to fulfil the needs of specified
occupations for which it is difficult to recruit a sufficient number of qualified
workers;
- (iii) development of psycho-technical testing;
- (c) with respect to selection based on the age of migrants, flexibility to be given
to the application of age criteria in order to take into consideration on the one hand
the requirements of various occupations and, on the other, the varying capacities of
different individuals at a given age.
ARTICLE 6. ORGANISATION OF RECRUITMENT, INTRODUCTION 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 :
- (a) public employment offices or other public bodies of the territory in which the
operations take place;
- (b) public bodies of a territory other than that in which the operations take place
which are authorised to operate in that territory by an agreement between the
parties;
- (c) any body established in accordance with the terms of an international
instrument.
- 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 :
- (a) the prospective employer or a person in his service acting on his behalf;
and
- (b) private agencies.
- 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 :
- (a) recognition and composition of official agencies or private bodies authorised by
the competent authority of the territory of immigration to carry out selection operations
in the territory of emigration;
- (b) organisation of selection examinations, the centres where they are to be carried
out, and allocation of expenses resulting from these examinations;
- (c) co-operation of the competent authorities of the two parties and in particular of
their employment services in organising selection.
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 won
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:
- (a) in so far as such matters are regulated by laws or regulations or are subject to
the control of administrative authorities,
- (i) remuneration, including family allowances where these form part of remuneration,
hours of work, weekly rest days, overtime arrangements, holidays with pay and other
regulations concerning employment, including limitations on home work, minimum age
provisions, women's work, and the work of young persons;
- (ii) membership of trade unions and enjoyment of the benefits of collective
bargaining;
- (iii) admission to schools, to apprenticeship and to courses or schools for
vocational or technical training, provided that this does not prejudice nationals of
the country of immigration;
- (iv) recreation and welfare measures;
- (b) employment taxes, dues or contributions payable in respect of the persons
employed;
- (c) hygiene, safety and medical assistance;
- (d) legal proceedings relating to the matters referred to in this Agreement.
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 :
- (a) the full name of the worker as well as the date and place of birth, his family
status, his place of residence and of recruitment;
- (b) the nature of the work, and the place where it is to be performed;
- (c) the occupational category in which he is placed;
- (d) remuneration for ordinary hours of work, overtime, night work and holidays, and
the medium for wage payment;
- (e) bonuses, indemnities and allowances, if any;
- (f) conditions under which and extent to which the employer may be authorised to make
any deductions from remuneration;
- (g) conditions regarding food if food is to be provided by the employer;
- (h) the duration of the contract as well as the conditions of renewal and
denunciation of the contract;
- (i) the conditions under which entry and residence in the territory of immigration
are permitted;
- (j) the method of meeting the expenses of the journey of the migrant and the
members of his family;
- (k) in case of temporary migration, the method of meeting the expenses of return to
the home country or the territory of migration, as appropriate;
- (l) the grounds on which a contract may be prematurely terminated.
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:
- (a) the cost of the return journey of the migrant, and persons dependent upon him,
shall in no case fall on the migrant himself;
- (b) supplementary bilateral agreements shall specify the method of meeting the cost
of this return journey;
- (c) in any case, even if no provision to this effect is included in a bilateral
agreement, the information given to migrants at the time of their recruitment shall
specify what person or agency is responsible for defraying the cost of return in the
circumstances mentioned in this Article.
- 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 :
- (a) personal effects; and
- (b) portable hand-tools and portable equipment of the kind normally owned by workers
for the carrying out of their particular trades, which have been in possession and use of
the said persons for an appreciable time and which are intended to be used by them in the
course of their occupation.
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.
