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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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agreement
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... Recognizing also the
progress
made by certain
States
on a
regional
or
bilateral
basis towards the
protection
of the
rights
of
migrant workers
and
members
of their
families
, as well as the importance and usefulness of
bilateral
and
multilateral agreements
in this
field
, ...
ARTICLE-2
[
go to this ARTICLE
]
... (h) The
term
"
self-employed worker
" refers to a
migrant worker
who is engaged in a remunerated
activity
otherwise than under acontract of
employment
and who earns his or her
living
through this
activity
normally
working
alone or together with
members
of his or her
family
, and to any other
migrant worker
recognized as
self-employed
by applicable
legislation
of the
State of employment
or
bilateral
or
multilateral agreements
. ...
ARTICLE-3
[
go to this ARTICLE
]
... (a)
Persons
sent or employed by
international organizations
and
agencies
or
persons
sent or employed by a
State
outside its
territory
to perform
official
functions, whose
admission
and
status
are
regulated
by
general
international law
or by
specific
international agreements
or
conventions
; ...
... (b)
Persons
sent or employed by a
State
or on its behalf outside its
territory
who
participate
in
development programmes
and other
co-operation
programmes
, whose
admission
and
status
are
regulated
by
agreement
with the
State of employment
and who, in
accordance
with that
agreement
, are not considered
migrant workers
; ...
... (b)
Persons
sent or employed by a
State
or on its behalf outside its
territory
who
participate
in
development programmes
and other
co-operation
programmes
, whose
admission
and
status
are
regulated
by
agreement
with the
State of employment
and who, in
accordance
with that
agreement
, are not considered
migrant workers
; ...
ARTICLE-4
[
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]
... For the
purposes
of the present
Convention
the
term
''
members of the family
" refers to
persons
married to
migrant workers
or having with them a relationship that, according to applicable
law
, produces
effects
equivalent
to
marriage
, as well as their dependent
children
and other dependent
persons
who are recognized as
members of the family
by applicable
legislation
or applicable
bilateral
or
multilateral agreements
between the
States
concerned
. ...
ARTICLE-5
[
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]
... (a) Are considered as
documented
or in a
regular situation
if they are
authorized
to enter, to stay and to engage in a remunerated
activity
in the
State of employment
pursuant to the
law
of that
State
and to
international agreements
to which that
State
is a
party
; ...
ARTICLE-46
[
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]
...
Migrant workers
and
members
of their
families
shall,
subject
to the applicable
legislation
of the
States
concerned
, as well as
relevant
international agreements
and the
obligations
of the
States
concerned
arising out of their
participation
in
customs unions
, enjoy
exemption
from
import
and
export
duties
and taxes in
respect
of their
personal
and
household
effects
as well as the
equipment
necessary to engage in the remunerated
activity
for which they were admitted to the
State of employment
: ...
ARTICLE-47
[
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]
... 1.
Migrant workers
shall have the
right
to
transfer
their
earnings
and
savings
, in particular those
funds
necessary for the
support
of their
families
, from the
State of employment
to their
State of origin
or any other
State
. Such
transfers
shall be made in
conformity
with
procedures
established
by applicable
legislation
of the
State
concerned
and in
conformity
with applicable
international agreements
. ...
ARTICLE-48
[
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]
... 1. Without
prejudice
to applicable
double taxation
agreements
,
migrant workers
and
members
of their
families
shall, in the matter of
earnings
in the
State of employment
: ...
ARTICLE-52
[
go to this ARTICLE
]
... (b)
Limit
access
by a
migrant worker
to remunerated
activities
in pursuance of a
policy
of granting
priority
to its
nationals
or to
persons
who are assimilated to them for these
purposes
by
virtue
of
legislation
or
bilateral
or
multilateral agreements
. Any such
limitation
shall cease to apply to a
migrant worker
who has resided lawfully in its
territory
for the
purpose
of remunerated
activity
for a
period
of
time
prescribed in its
national legislation
that should not exceed five
years
. ...
ARTICLE-53
[
go to this ARTICLE
]
... 2. With
respect
to
members
of a
migrant worker
's
family
who are not permitted
freely
to
choose
their remunerated
activity
,
States Parties
shall consider favourably granting them
priority
in obtaining
permission
to engage in a remunerated
activity
over other workers who
seek
admission
to the
State of employment
,
subject
to applicable
bilateral
and
multilateral agreements
. ...
ARTICLE-59
[
go to this ARTICLE
]
... 2. The
State of employment
shall,
subject
to paragraph 1 of the present
article
, consider granting
seasonal workers
who have been employed in its
territory
for a
significant
period
of
time
the possibility of taking up other remunerated
activities
and giving them
priority
over other workers who
seek
admission
to that
State
,
subject
to applicable
bilateral
and
multilateral agreements
. ...
ARTICLE-61
[
go to this ARTICLE
]
... 3.
Subject
to
bilateral
or
multilateral agreements
in
force
for them, the
States Parties
concerned
shall endeavour to enable
project-tied workers
to remain adequately
protected
by the
social security
systems
of their
States
of
origin
or
habitual residence
during their engagement in the
project
.
States Parties
concerned
shall take appropriate
measures
with the aim of avoiding any denial of
rights
or
duplication
of payments in this
respect
. ...
... 4. Without
prejudice
to the
provisions
of
article
47
of the present
Convention
and to
relevant
bilateral
or
multilateral agreements
,
States Parties
concerned
shall
permit
payment
of the
earnings
of
project-tied workers
in their
State of origin
or
habitual residence
. ...
ARTICLE-65
[
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]
... (c) The
provision
of appropriate
information
, particularly to
employers
, workers and their
organizations
on
policies
,
laws
and
regulations
relating to
migration
and
employment
, on
agreements
concluded with other
States
concerning
migration
and on other
relevant
matters; ...
ARTICLE-66
[
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]
... (b)
Public services
or
bodies
of the
State of employment
on the basis of
agreement
between the
States
concerned
; ...
... (c) A
body
established
by
virtue
of a
bilateral
or
multilateral agreement
. ...
ARTICLE-69
[
go to this ARTICLE
]
... 2. Whenever
States Parties
concerned
consider the possibility of regularizing the
situation
of such
persons
in
accordance
with applicable
national legislation
and
bilateral
or
multilateral agreements
, appropriate
account
shall be taken of the
circumstances
of their
entry
, the
duration
of their stay in the
States
of
employment
and other
relevant
considerations
, in particular those relating to their
family
situation
. ...
ARTICLE-71
[
go to this ARTICLE
]
... 2. As
regards
compensation
matters relating to the
death
of a
migrant worker
or a
member
of his or her
family
,
States Parties
shall, as appropriate, provide
assistance
to the
persons
concerned
with a
view
to the prompt
settlement
of such matters.
Settlement
of these matters shall be carried out on the basis of applicable
national law
in
accordance
with the
provisions
of the present
Convention
and any
relevant
bilateral
or
multilateral agreements
. ...
ARTICLE-78
[
go to this ARTICLE
]
... The
provisions
of
article
76
of the present
Convention
shall be applied without
prejudice
to any
procedures
for settling
disputes
or
complaints
in the
field
covered by the present
Convention
laid down in the constituent
instruments
of, or in
conventions
adopted
by, the
United Nations
and the specialized
agencies
and shall not
prevent
the
States Parties
from having
recourse
to any
procedures
for settling a
dispute
in
accordance
with
international agreements
in
force
between them. ...
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