Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Montserrat

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that section 129(1) of Labour Code No. 20 of 2012 provides that the employer shall inform a work permit holder, where recruited from abroad, of his or her terms and conditions of employment, arrangements for accommodation and return travel. It also notes that the Government reiterates its statement that free advice is given by the Labour Department to assist migrant workers in terms of their statutory rights. The Committee recalls the indications on this point contained in Paragraph 5(2) and (3) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that, in light of the increasing feminization of migration for employment, in many cases information campaigns or services specifically directed towards women may be appropriate. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, with an indication of specific measures to address the concerns of women migrants upon arrival in the country.

Article 6. Equality of treatment. The Committee notes that sections 79(1) and (2) and 80 of the Labour Code 2012 define and prohibit direct and indirect discrimination on the basis of a wide range of grounds, including sex, religion, race and national extraction, as well as any characteristic which pertains generally or is generally imputed to persons of, among others, a particular race, sex, religion or nationality. Section 80(1) and (2) prohibit discrimination with respect to, among others, recruitment, selection or employment, training, apprenticeship, terms and conditions of employment, and dismissal, and sections 88 and 89 provide for penalties and remedies in case of violations of the provisions of Part 8 on equality of treatment in employment. The Committee also notes Part 11 of the Labour Code concerning work permits and rights of foreign workers. The Committee requests the Government to provide information on the practical application of the provisions in the Labour Code 2012 ensuring non-discrimination, including on the nature and number of any violations addressed by the Labour Commissioner or the Labour Tribunal, or any other competent authorities entrusted with monitoring respect for the principles related to the Convention, and their outcome. Please include information on any judicial decisions handed down by the courts with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee urges the Government to supply precise information on the legal provisions ensuring that migrant workers admitted on a permanent basis maintain their right of residence in case of incapacity to work and on the practical application of such provisions.

Statistics. The Committee requests the Government to provide statistical information, disaggregated by sex, nationality and migrant status (temporary or permanent), on the number of foreign workers in Monserrat, indicating, if possible, the economic sectors in which they are employed.