E/CN.4/2004/76 page 18 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.

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