Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Isle of Man

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the consolidated version of the Immigration Rules (SD No. 62/05) as amended and updated until October 2012. It notes that a Points-based System (PBS) for non-European Economic Area (EEA) nationals has replaced the Overseas Labour Service Work Permit Scheme. The Committee further notes that under the revised Immigration Rules those domestic workers who had been granted leave, as of 1 October 2012, to enter the Isle of Man to work full-time in a private household of an employer must now leave the Isle of Man at the end of six months or at the same time as the employer, whichever is earlier (section 159A(iii), (iv) and (vi) of the Immigration Rules). The Committee also notes the Government’s indication that the Department of Economic Development has consulted publicly on proposals for a new Control of Employment Bill and Regulations. With respect to domestic workers, the Committee also refers to its comments on the application of this Convention by the United Kingdom. The Committee asks the Government to clarify the underlying reasons for the changes in the Immigration Rules with respect to domestic workers in private households, and to provide information on the impact of the new PBS and the amendments to the Immigration Rules regarding domestic workers in private households on the principle of equality of treatment enshrined in Article 6 of the Convention. Please provide statistical information on the migration flows to and from the Isle of Man, disaggregated by sex and country of origin, as well as the sector of activity (with a distinction made between the number of domestic workers who have entered the Isle of Man before 1 October 2012, and those who have entered after this date). Please also provide information on any developments regarding the Control of Employment Bill and Regulations, as well as other policy changes and legislative measures relevant to the application of the Convention.

Article 6(1)(b). Equality of treatment. Social security benefits. The Committee notes the clarifications by the Government regarding the contributory benefits (funded wholly out of social insurance contributions) and the universal and income-related non-contributory benefits (funded wholly out of general taxation), which are in line with Article 6(1)(b) of the Convention. The Committee also notes that a person who is not an Isle of Man worker, and whose partner is not, may be entitled a contributory benefit that is income related if they can demonstrate that to deny them the benefit would be “exceptionally harsh or oppressive”. The Government also indicates that refugees lawfully staying in the Isle of Man are treated in the same way as Isle of Man nationals, subject to certain conditions. The Committee requests the Government to specify the social security benefit to which domestic workers in private households are eligible in general, and indicating specific distinctions, if any, between those domestic workers who were granted leave to enter the Isle of Man before 1 October 2012, and those after this date.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s clarification that once a migrant has been granted indefinite leave to remain on the island, he or she may continue to live permanently in the Isle of Man, including in the situation where the migrant worker is no longer able to work following illness or injury. Recalling the Department of Trade and Industry’s decision to expand the list of circumstances under which a work permit may be revoked, the Committee asks the Government to confirm that the indefinite leave permits granted to the categories of workers covered by the Immigration Rules (holders of a work permit for employment, highly skilled workers and domestic workers in private households who have entered the island before 1 October 2012, religious workers and workers with Isle of Man, United Kingdom or Channel Islands ancestry) cannot be revoked, even if they, as a result of the incapacity to work due to illness contracted or injury sustained find themselves without means of support. The Committee further asks the Government to provide information on any developments in law or in practice with respect to the circumstances under which work permits can be revoked.

Enforcement and practical application. The Committee notes the Government’s indication that the PBS for leave to entry or remain on the Isle of Man includes the registration of the employers who sponsor migrant workers. The Isle of Man has also introduced new powers to the inspection officers to inspect the employer’s premises and relevant records held by employers, and to impose sanctions, if compliance issues are identified. The Committee requests the Government to provide information on the nature and number of violations detected by the bodies entrusted with the enforcement of the relevant legislation particularly as regards equality of treatment, and the sanctions imposed. Noting that section 159A(v) of the Immigration Rules requires employers of domestic workers to respect the Minimum Wage Act, 2011 (of Tywald), the Committee also requests the Government to provide specific information on the activities of the labour inspection officers to ensure the effective enforcement of the Minimum Wage Act with respect to domestic workers in private households. Please continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention.