|| International Labour
Organisation Conventions (ILO)
Migrant Workers Convention (C143)
Convention concerning Migrations in Abusive
Conditions and the Promotion of Equality of
Opportunity and Treatment of
24 June 1975 (Date of coming into force:
- Part one: Migrations
in Abusive Conditions
- Part two: Equality of Opportunity and Treatment
- Part three:Final Provisions
Part I. Migrations in Abusive
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Each Member for which this Convention is in
force undertakes to respect the basic human rights of all migrant workers.
1. Each Member for which this Convention is in
force shall systematically seek to determine whether there are illegally
employed migrant workers on its territory and whether there depart from, pass
through or arrive in its territory any movements of migrants for employment in
which the migrants are subjected during their journey, on arrival or during
their period of residence and employment to conditions contravening relevant
international multilateral or bilateral instruments or agreements, or national
laws or regulations.
2. The representative organisations of
employers and workers shall be fully consulted and enabled to furnish any
information in their possession on this subject.
Each Member shall adopt all necessary and
appropriate measures, both within its jurisdiction and in collaboration with
(a) to suppress clandestine movements of
migrants for employment and illegal employment of migrants, and
(b) against the organisers of illicit or
clandestine movements of migrants for employment departing from, passing
through or arriving in its territory, and against those who employ workers who
have immigrated in illegal conditions, in order to prevent and to eliminate the
abuses referred to in Article 2 of this Convention.
In particular, Members shall take such measures
as are necessary, at the national and the international level, for systematic
contact and exchange of information on the subject with other States, in
consultation with representative organisations of employers and workers.
One of the purposes of the measures taken under
Articles 3 and 4 of this Convention shall be that the authors of manpower
trafficking can be prosecuted whatever the country from which they exercise
1. Provision shall be made under national laws
or regulations for the effective detection of the illegal employment of migrant
workers and for the definition and the application of administrative, civil and
penal sanctions, which include imprisonment in their range, in respect of the
illegal employment of migrant workers, in respect of the organisation of
movements of migrants for employment defined as involving the abuses referred
to in Article 2 of this Convention, and in respect of knowing assistance to
such movements, whether for profit or otherwise.
2. Where an employer is prosecuted by
virtue of the provision made in pursuance of this Article, he shall have the
right to furnish proof of his good faith.
The representative organisations of employers
and workers shall be consulted in regard to the laws and regulations and other
measures provided for in this Convention and designed to prevent and eliminate
the abuses referred to above, and the possibility of their taking initiatives
for this purpose shall be recognised.
1. On condition that he has resided legally in
the territory for the purpose of employment, the migrant worker shall not be
regarded as in an illegal or irregular situation by the mere fact of the loss
of his employment, which shall not in itself imply the withdrawal of his
authorisation of residence or, as the case may be, work permit.
2. Accordingly, he shall enjoy equality of
treatment with nationals in respect in particular of guarantees of security of
employment, the provision of alternative employment, relief work and
1. Without prejudice to measures designed to
control movements of migrants for employment by ensuring that migrant workers
enter national territory and are admitted to employment in conformity with the
relevant laws and regulations, the migrant worker shall, in cases in which
these laws and regulations have not been respected and in which his position
cannot be regularised, enjoy equality of treatment for himself and his family
in respect of rights arising out of past employment as regards remuneration,
social security and other benefits.
2. In case of dispute about the rights
referred to in the preceding paragraph, the worker shall have the possibility
of presenting his case to a competent body, either himself or through a
3. In case of expulsion of the worker or
his family, the cost shall not be borne by them.
4. Nothing in this Convention shall prevent
Members from giving persons who are illegally residing or working within the
country the right to stay and to take up legal employment.
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