Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Migration flows. The Committee notes from the information provided by the Government in its report that, as of March 2022: (1) 15,304 citizens of San Marino, out of a total of 43,506, lived abroad, mainly in Italy, followed by United States, Argentina and France; (2) 5,503 foreigners resided in San Marino, the majority of which (4,726) were Italians, while the rest came for the largest part from Central and Eastern Europe, and more particularly, from Romania, Albania, Ukraine and the Russian Federation; (3) following the outbreak of the war in Ukraine, the Government has put into place a programme to host Ukrainian people providing them with shelter and participation in the social-economic life of the country, which benefited 220 persons as of June 2022; and (4) foreign nationals holding a resident permit include women from Moldova, Romania, the Russian Federation and Ukraine working in the care sector as well as seasonal workers in the commerce and hotel and tourism sectors. The Committee also notes from the statistical bulletin for the second trimester of 2022 by the Statistical Bureau of San Marino that the vast majority of foreign women with a resident permit is engaged as unskilled workers. The Committee asks the Government to continue to supply 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 of the Convention. Legal status in the case of loss of employment. The Committee recalls that: (1) under article 18 of Law No. 118 of 2010, the loss of employment does not entail the immediate withdrawal of a migrant workers’ residence permit, except in the event of resignation; (2) in the case of loss of employment, migrant workers are given the possibility to register in a special placement list at the Employment Office, within ten days of losing their job, in order to look for a new job in the same sector.; (3) the residence permit is withdrawn only if the worker does not find a new job within the duration of the remainder of his or her permit, or when the migrant worker fails to register in the placement list. The Government informs that no complaints have been filed concerning the application of article 18 of Law No. 118 of 2010. The Government also clarifies that where housing is provided to the migrant worker by his/her former employer, the worker needs to find an alternative housing in order to maintain the residence permit.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes that the Commissioner for Human Rights of the Council of Europe : (1) observed that foreign private carers (badanti) for older persons or persons with disabilities who live in the households where they work might be in a particularly vulnerable situation; and (2) considered that better attention for the working of these women, including through labour inspections, was needed along with an orientation system, supported by integration measures, laying more emphasis on informing private carers of their human rights, including social rights, and the ways in which they can request support from the authorities, legal professionals and trade unions if faced with the risk of exploitation (A/HRC/WG.6/34/SMR/3, 14 August 2019, paragraphs 64 and 77). The Committee also recalls that under article 20(5) of Decree No. 5 of 2016 setting out the implementing regulations of Law No. 118 of 2010, the registration in the special placement list is subject to the provision by the migrant worker of documentary evidence that she or he has adequate housing. The Committee asks the Government to provide information on the measures taken to promote and guarantee equality of opportunity and treatment between nationals and migrant workers caregivers lawfully in the country. In particular, it asks the Government to provide: (i) any information on violations detected by the labour inspectors, the sanctions imposed and the remedies granted; and (ii) information on any case where the registration in the special placement list is refused due to the lack of housing, disaggregated by sex and occupation of the migrant worker. It also reiterates its request for 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.