Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - San Marino (Ratification: 1985)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non-specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.