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
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