A/HRC/26/35 movement of the migrant out of the place of work and residence, as well as out of the country. 5. Work and residence permit 38. In several countries practising diverse forms of “sponsorship” programmes, the legality of the stay of a migrant depends on the employment relationship. If this relationship ends, the migrants automatically lose their residence permits and may become subject to deportation. Additionally, if the employer is responsible for renewing work permits, migrants who are still working may end up in an irregular situation if the sponsor neglects or refuses to renew their permit, inter alia due to the cost or cumbersome procedures involved. Migrants whose residence permit depends on the work contract are thus heavily dependent on their employer, and vulnerable to abuse. Those who are indebted due to recruitment fees are rendered even more vulnerable, as they will feel pressured to pay off their debt before they can return home. Another problem experienced by many migrants is that they are tricked by the recruitment agency and are offered a tourist visa rather than a work visa. The Special Rapporteur has met with several such migrants, who used recruitment agencies to migrate, and were given three-month tourist visas which did not give them the right to work, and they thus ended up working without a work permit. He has also received information on legislation which gives the competent authorities the power to order a migrant with a work permit to leave the country if the person contravened any condition stated in his or her permit, with no legal process and no way for the migrant to challenge this decision. 39. When migrants are not allowed to change employer, which is routinely the case under “sponsorship” programmes, they are in a very vulnerable situation in which very few dare to lodge complaints of abuse or unreasonable working conditions, fearing the nonextension of their contracts and subsequent loss of a residence permit. Sponsorship systems which require that migrants obtain an “exit permit” from their employer in order to leave the country can also be abused by employers who prevent them from leaving the country for no good reason. For instance, the Special Rapporteur met with a migrant who was not allowed to travel home for his daughter’s funeral. 6. Occupational safety and health 40. Lack of familiarity with local law and language difficulties frequently prevent migrants from being aware of specific hazards in their work. Occupational safety and health violations are a big concern, as migrants are often employed in high-risk hazardous sectors, including agriculture, construction, mining and different types of informal work. The Special Rapporteur has been made aware of high incidences of accidents and deaths among migrants in the construction sector. Health and safety programmes are sometimes underresourced and not prioritized, and training sessions regarding occupational safety are routinely given in a language the migrants do not understand. Furthermore, migrants often lack familiarity with equipment, and undertake heavy physical labour for long hours, with poor access to health care. Migrants also frequently end up doing a different job than stated in the original contract. They then sometimes end up performing dangerous work, including operating heavy machinery, with little or no instructions or training, and without any safety equipment. Unreasonably long working hours and poor conditions render them even more vulnerable to accidents. Employers may also refuse or neglect to take the appropriate insurance coverage for their employees. 41. Migrants frequently find access to compensation for work accidents difficult. Migrants who suffer industrial accidents are sometimes not compensated, either by their employer, recruitment agency or insurance company. They often do not have information about their rights, and how to obtain compensation. Irregular migrants face additional 9

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