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

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