Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1951)

The Committee notes the information supplied in the Government’s report.

1. The Committee recalls, as it noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2. Article 8. Since this was one of the provisions cited most often by governments, at the time of the above General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

3. The Committee notes that section 22 of the Immigration and Asylum Act, 1999, requires the adoption by the Secretary of State of a code of practice for employers with a view to avoiding unlawful discrimination in employment. The Committee would be grateful if the Government would keep it informed of progress on the finalization of the code and supply a copy of it with its next report.

4. The Committee notes that a review of work permit arrangements was carried out between November 1999 and February 2000, and that some work is still to be completed in this respect. The Committee requests the Government to provide further particulars regarding the changes involved and their impact on the presence and conditions of employment of migrant workers in the United Kingdom.

5. The Committee asks the Government to continue providing statistics on United Kingdom nationals working abroad and the countries of origin of foreigners employed in the United Kingdom and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.

6. Finally, the Committee asks the Government to state whether courts of law or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention, particularly with respect to discrimination against foreign job applicants. If so, please supply the text of these decisions.