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Integral text of the Convention Text available in other languages:
DE;
GR;
HU;
LT;
PL;
RO;
RU;
SLK;
SP;
UA
Open for signature : 24 November 1977
Entry into force : 1 May 1983
Reporting system
8th periodical report on the application of the Convention -
only in English
Participation
Treaty is only open to member states of the Council of Europe.
Summary
The Convention aims to eliminate the discrimination that
exists in national legislations and to guarantee that migrant workers
and members of their families are treated no less favourably than the
nationals of the receiving State.
The Convention covers the principal aspects of
the legal situation of the migrant workers, in particular in such areas
as recruitment, medical examinations and occupational tests, travel,
residence and work permits, family reunion, conditions of work and
transfer of savings. It also covers the issues of social security,
medical and social assistance, expiry of work contracts, licensing,
re-employment and the right to appeal to the judiciary or administrative
authority of the receiving State.
The System of Control
A consultative committee examines periodically the reports with the
information on the application of the Convention submitted by the
contracting parties. The consultative committee presents a report,
drafted on the basis of these documents, to the Committee of Ministers
of the Council of Europe (see more).
Personal Scope of
Application
Nationals of any contracting party legally employed and resident on the
territory of another contracting party, provided that the duration of a
work contract exceeds six months.
Related Treaties
The European Convention on the Legal Status of Migrant Workers (ETS no.
93) forms, together with the (revised) European Social Charter (Articles
18 and 19 in particular) and the European Convention on Social Security
((ETS no. 78), an ensemble of rights that strengthens the protection of
migrant workers.
Advantages entailed by the
ratification of the Convention :
EU member States and applicant countries :
Although the EU is discussing the adoption of a
more uniform policy concerning certain questions covered by the
Convention, EU member States as well as the EU as a whole, should be
interested in the Convention for the following reasons:
- Shared responsibility: migration
cannot be effectively managed unless all the relevant actors perform
their respective roles (countries of origin, transit and
destination);
- Since the signing of the Treaty of
Amsterdam, the questions related to migration fall into the area of
EU responsibility;
- EU member States are the preferred
countries of destination for migrants from other member States of
the Council of Europe;
The Convention offers a multilateral basis for managing migration
(EU directives are implemented unilaterally);
- The Convention will represent, in the event
that the number of contracting parties grows, a positive signal for
non-EU countries regarding the treatment to be afforded migrant
workers and also will contribute to strengthening the efforts of
these countries to limit irregular migration;
- The Convention remains, for applicant
countries, the only European-wide mechanism for regulating
migration of their labour force during the accession and
transitional periods, when free movement of their nationals is
likely to be limited;
- The ratification of the Convention is a
commitment undertaken by the member States of the Council of Europe
in the final declaration of the Ministerial Conference in Helsinki
(16-17 September 2002).
Non-EU member States :
Council of Europe member States, which are not
going to join the EU during the next phase of enlargement, are also
experiencing serious migration problems. For these States, which serve
mainly as suppliers of the labour force, the Convention is very
attractive because it:
- offers a multilateral legal framework to
strengthen cooperation and dialogue in the area of migration;
- facilitates the conclusion of bilateral
agreements concerning labour migration;
- opens the possibility for nationals of
Council of Europe member States to seek legal employment in the EU,
especially nationals of those States which are not members of the
EU;
- provides, on the basis of equal treatment
with nationals of the receiving State, guarantees for the protection
of the economic and social rights of migrant workers, including the
right to transfer funds to their countries of origin;
- facilitates reunion of migrant workers with
their families;
reduces the administrative costs related to working abroad,
especially those in connection with the issue of residence and work
authorisations;
- leads to the improvement of legal measures
or administrative arrangements and contributes to improving the
protection of migrant workers;
- is likely to contribute, in the event that
the number of contracting parties grows, to the concerted management
of migration and help tackle the problem of irregular migration;
- its ratification is one of obligations
accepted by the member States of the Council of Europe in the final
declaration of the Ministerial Conference in Helsinki (16-17
September 2002).
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