In the understanding of the UN Convention, a migrant worker is a person ( worker ) who will engage in, engage in, or have been engaged in paid activities in a state of which he or she is not a citizen ( migrant ).
For legal activities, a migrant worker (and members of his family) must obtain permission to enter, stay and pay for activities in a state of employment in accordance with the laws of that state and international agreements to which this state is a party.
Migrant workers and members of their families are free to leave any state, including the state of their origin. This right should not be subject to any restrictions, with the exception of those stipulated by law, necessary to protect national security , public order ( English order public ), the health or morals of the population, or the rights and freedoms of others.
Content
Legal Regulation
UN treaties
The formal status of a labor migrant is determined by the ILO Convention on Migrant Workers, the original version of which was adopted in 1939, and was revised in 1949 (the revised version entered into force in 1952) [1] . In 1975, the “Convention on Abuses in Migration and on Ensuring Equality of Opportunity and Treatment for Migrant Workers” was adopted, which entered into force in 1978 [2] .
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families , adopted by UN General Assembly resolution 45/158 of December 18, 1990. Entered into force on July 1, 2003 [3] .
CIS Contracts
“Agreement on cooperation in the field of labor migration and social protection of migrant workers” [4] (1994) and the protocol on amendments and additions to this agreement (2005) [5] .
“The Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States”, adopted in 2008, for 2009 has not yet entered into force [6] .
Council of Europe Treaties
The European Convention on the Legal Status of Migrant Workers, adopted on November 24, 1977, entered into force on May 1, 1983 [7]
European Social Charter - Article 19.
International Migrant Day
The UN General Assembly , encouraged by the growing interest of the international community in the effective and comprehensive protection of the human rights of all migrant workers, decided to proclaim December 18, the day of the adoption of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families , as International Migrant Day , emphasizing the need for further efforts to ensure respect for the human rights and fundamental freedoms of all migrants [8] .
See also
- Guest worker
Notes
- ↑ ILO Convention on Migrant Workers (revised in 1949) (Unavailable link) . Date of treatment November 7, 2009. Archived June 29, 2010.
- ↑ Convention on Abuses in the Field of Migration and on Ensuring Equality of Opportunity and Treatment for Migrant Workers (Inaccessible link) . Date of treatment November 7, 2009. Archived June 29, 2010.
- ↑ International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
- ↑ Agreement on cooperation in the field of labor migration and social protection of migrant workers
- ↑ Protocol of Amendments and Additions to the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers of April 15, 1994 (Unavailable link) . Date of treatment September 2, 2009. Archived April 6, 2009.
- ↑ Convention on the Legal Status of Migrant Workers and Members of Their Families of States Parties to the Commonwealth of Independent States (unspecified) (inaccessible link) . Date of treatment October 21, 2009. Archived April 6, 2009.
- ↑ European Convention on the Legal Status of Migrant Workers
- ↑ UN General Assembly Resolution No. A / RES / 55/93 (unavailable link)
Literature
- Gorz A. Immigrated Labor // New Left Review I / 61, May-June 1970