Rights of migrant workers in an irregular situation and members of their families 2013, para. 64

Paragraph
Paragraph text
Article 25 provides for equality in treatment regarding remuneration and other conditions of work between nationals and migrants and also guarantees this right in private employment contracts, notwithstanding the status of the migrant worker. Article 25, paragraph 3, states that employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any irregularity in the stay or employment of migrant workers. States parties shall provide for appropriate sanctions for employers who derogate from the principle of equality of treatment in private employment contracts with migrant workers in an irregular situation, and ensure that those migrant workers have access to labour courts or other judicial remedies when their rights are violated and without fear of being deported (art. 83). To give effect to this provision, the Committee is of the view that States parties shall also put in place an effective monitoring system for workplaces, especially in industries known to be employing migrant workers in an irregular situation.
Legal status
Non-negotiated soft law
Body
Committee on Migrant Workers
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Economic Rights
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Persons on the move
Year
2013
Paragraph type
Other
Reference
CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 64.
Paragraph number
64