Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 2 and 4 of the Convention. Provision of information and assistance. Referring to its previous request, the Committee notes the information provided by the Government in its report that free services including a “travel letter” are provided to facilitate departure, journey and reception of migrant workers. The Department of Labour also invites the migrant worker after his or her arrival to explain his or her rights and responsibilities under the Labour Code and the available support that it can provide. The Committee requests the Government to indicate whether any special services or assistance exist, specifically targeting women entering the territory for purposes of employment, including domestic work, and to provide details on the kind of services provided. The Committee also requests the Government to indicate whether any other services or information is being provided to men and women migrant workers, including for example language facilities, or information on matters relating to migration procedures, administrative formalities, living and working conditions or any other question that may be of interest to the migrant worker.

Article 6. Equality of treatment. The Committee recalls the provisions of Part 8 on equality of treatment of the Labour Code prohibiting discrimination, including on the basis of nationality, with respect to recruitment, training, apprenticeship, terms and conditions of employment and dismissal. The Committee notes the Government’s reply that during the reporting period there have been no reports of violations of the provisions of Part 8 to the Labour Commissioner. The Committee notes that the absence of complaints does not necessarily indicate that no violations exist in practice and draws the attention of the Government to the fact that the enforcement of legal rights may be particularly challenging for migrant workers, including because of negative consequences. The Committee asks the Government to provide information on the measures taken to ensure that the rights and guarantees under the Labour Code are implemented in practice with respect to migrant workers, and to indicate whether specific procedures exist to support or assist migrant workers in accessing justice in the case of labour disputes concerning unequal treatment.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s reply that there is no specific legal provision ensuring that migrant workers admitted on a permanent basis maintain their right of residence in the event of incapacity for work. The Committee emphasizes that security of residence for permanent migrants and members of their families in the event of illness or injury constitutes one of the most important provisions of the Convention, and is concerned that in cases where this is not explicitly specified in a legal provision and effectively applied, permanently residing migrants may find themselves living under constant threat of repatriation (see 2016 General Survey on promoting fair migration, paragraph 455). The Committee therefore asks the Government to take the necessary steps to ensure that migrant workers who have been admitted on a permanent basis maintain their right of residence in the event of incapacity for work.

Statistics. The Government indicates that currently the database on public employment is being updated and that available statistics – which presently only cover the private sector – would not reflect reality. Noting the Government’s commitment to collect and provide the requested statistical information, disaggregated by sex, nationality and sector of employment, the Committee trusts that the Government will submit the information as soon as it becomes available.