E/CN.4/2004/76
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77.
The Special Rapporteur urges States which admit migrant domestic workers under
a sponsorship and special visa system to review their legislation and ensure that workers’
immigrant status does not depend directly on the employment relationship with a given
employer and that, under certain circumstances and conditions, workers may change
employers. She also urges States to ensure that their legislation does not create adverse
consequences for migrant domestic workers who report their employers for violating their
labour and other rights, but allows them to remain in the country and provides them with
the necessary assistance to take part in the trials of their employers and to obtain justice.
78.
The Special Rapporteur recommends that the legislation and policies of countries
of origin and of destination should provide for mechanisms to monitor the work of
recruitment agencies, with a view to ensuring that they respect the rights and interests of
migrant domestic workers. In that connection, she recommends the establishment of
specific rules governing fees, whose enforcement should be monitored.
79.
The Special Rapporteur recommends that recruiting agencies should have to renew
their licences periodically and that watchdog arrangements should be established to ensure
that only those agencies which observe specific criteria relating to migrant domestic
workers’ rights can continue to operate. Likewise the Special Rapporteur recommends
that agencies should be legally required to monitor employers and, in the event of disputes,
ensure migrant domestic workers and employers are afforded equal protection based on
the terms of the contract of employment, including working hours, wages, board and
lodging.
80.
The Special Rapporteur recommends that legislation on the recruitment of migrant
domestic workers should require a written contract, giving particulars of the employer and
employee and details of the employee’s monthly wages, duties and working hours, free time
and vacations, board, lodging, medical insurance, transport to the country of destination,
conditions for terminating the contract, complaint procedures and provision for the
eventuality of the employee’s death or illness. When the contract is signed in the language
of the country of employment, the Special Rapporteur recommends that a translation
should be required.
81.
The Special Rapporteur views as good practice the drawing up by States of
destination of model contracts for domestic workers which also apply to illegal migrants,
stipulating working hours and minimum wages. Such contracts should give migrant
domestic workers the possibility of claiming their rights in court.
82.
The Special Rapporteur recommends States to ensure that legislation prohibits
the withholding of passports, and that complaints by migrants of such withholding are
investigated seriously.
83.
The Special Rapporteur recommends that legislation in the countries of destination
should not allow migrant domestic workers to be dismissed in the event of illness without
fair compensation. She also recommends that legislation should prohibit such workers
from being subjected to certain medical examinations without their explicit consent.