A/HRC/26/35
82.
Make sure that passports and other identity documents are not confiscated, and
make the withholding of such documents an offence, with appropriate penalties, and
effectively prosecute violations.
83.
Guarantee that all migrants have the right to accept and to leave employment
voluntarily, without the threat of a penalty. Migrants who choose to leave an abusive
employer should not lose their residence permit. Instead, they should receive adequate
support, for example by providing them with a long enough grace period in order to
find a new job. Allowing migrants to change employers when they wish would render
them far less vulnerable to exploitation.
84.
Provide adequate resources to relevant authorities for occupational safety and
health. Ensure improved health and safety conditions in places that employ migrants,
including through proper training and use of safety equipment, and ensure that
injured migrant workers receive proper medical treatment and compensation.
85.
Ensure that medical care is available to all migrant workers, including
irregular and temporary migrants, and that it is not dependent on the production of
identity documents or residency permits.
86.
Guarantee that all migrant workers have an adequate standard of living,
including adequate food, water, clothing and housing.
87.
Grant migrants, including irregular and temporary migrants, access to social
security benefits on the basis of equal treatment with nationals. States should consider
entering into bilateral, regional or multilateral agreements to provide social security
coverage and benefits to migrant workers in this respect.
88.
Recognize the right of all migrants, including those in an irregular situation, to
form and join organizations, including trade unions, and recognize these unions.
89.
Undertake all the necessary measures to combat trafficking for labour
exploitation and all forms of forced labour by migrants, and provide adequate
support and assistance to the victims. Provide victims of trafficking with a residence
permit that allows them to work and of a sufficient duration to allow them to rebuild
their lives and consider their options.
90.
Refrain from using sponsorship systems that make immigration status
conditional on one given employer, as this creates a precarious status, restricts
freedom of movement, increases vulnerability to exploitation and abuse, and leads to
forced labour.
91.
Ensure that migrants are free to terminate their employment contract, without
fear of retribution, and find another employer or leave the country when they so wish.
Protect migrants against unfair dismissals, and refrain from tying visas to the
employer, so that migrants can find a new job in case their employment is terminated.
2.
Groups of migrants specifically at risk of exploitation
92.
Provide temporary migrant workers who are filling permanent labour needs
with long-term residence permits, and provide permanent residence permits to
circular migrants after a certain period. Ensure that temporary migrant workers have
access to economic and social rights and protection from exploitation.
93.
Extend labour protection in national law to domestic workers, including by
formulating provisions related to minimum wages, payment for overtime, working
hours, working conditions, days of rest, annual leave, freedom of association and
social security protection, including with respect to maternity, pension rights and
health insurance, as well as effective recourse and remedies. Ensure that migrant
19