Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Statistics. The Committee requests the Government to provide information, including data disaggregated by sex and country of origin on the migration flows from and to Guernsey.

Article 3 of the Convention. Misleading propaganda. The Committee previously noted that a migrant worker who felt that he or she had been misled by information that caused him or her to seek employment in Guernsey, could seek redress pursuant to the employment legislation or through the civil courts. While noting the Government’s statement that no complaints have been received, the Committee recalls that Article 3 of the Convention requires the Government to take active measures to protect migrant workers against the use and dissemination of false information concerning the migration process. The Committee therefore requests the Government to take specific measures to prevent and address the use and dissemination of misleading propaganda and protect migrant workers against such propaganda. Please continue to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services upon arrival. The Committee notes the information provided by the Government regarding the provision of work permits and visa requirements for those outside the European Economic Area (EEA). It also notes that information for immigrants is freely available on the State of Guernsey’s website and can also be obtained from the Guernsey Border Agency or the Housing Department. Recalling that measures, as appropriate, are to be taken under Article 4 of the Convention, to facilitate the smooth transition of the migrant worker in the host country, the Committee requests the Government to indicate whether any consideration is being given to adopting specific measures of assistance for or providing services to migrant workers facing particular problems during the reception process or arriving to undertake jobs which are particularly hazardous or in which they may be at risk of violations of rights.

Article 6. Equality of treatment. The Committee notes the approval of the Minimum Wage (Guernsey) Law, 2009, which applies to all workers, including immigrants, and the information provided by the Government regarding the application of Article 6(1) of the Convention. The Committee notes the Government’s indications that four complaints have been submitted by migrant workers during the reporting period, which were resolved before reaching the Employment and Discrimination Tribunal. The Committee asks the Government to continue to provide information on any complaints concerning sex discrimination against migrant workers dealt with by the Employment and Discrimination Tribunal, as well as complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005 concerning racial discrimination of migrant workers with respect to the matters covered in Article 6 of the Convention. Please also provide information on any complaints made by migrant workers regarding non-application of the Minimum Wage (Guernsey) Law, 2009.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s statement that anyone who has acquired the status of qualified resident as set out in section 10 of the Housing (Control of Occupation) Law, 1994, would not have to leave Guernsey if he or she was unable to follow his or her occupation and claimed public benefits. The Committee requests the Government to indicate the relevant legal provisions guaranteeing the right of qualified residents to remain in the country in the event of incapacity for work even if they claim public funds.