A/78/180 choose to leave the situation (if they are able) and move into irregular status, rather than report the mistreatment and risk being deported. These situations, as well other forms of misconduct by the employer, such as visa trading and contract substitution, the former referring to the migrant worker’s visa being unofficially “traded” or “sold” to another sponsor and the latter to the practice of unofficially changing the originally agreed terms of employment, may see migrants initially working in a country under a temporary labour migration programme become undocumented. 25 For women migrant workers, discriminatory restrictions on their migration routinely limit their mobility rights on the basis of age, marital status, migration status, pregnancy and/or maternity status, among other factors. There are well-documented instances where States place further restrictions on women’s migration, such as bans on out-migration for women migrants to specific regions or States. 26 Such restrictions drive irregular migration, increase the likelihood of the use of recruiters and smugglers and heighten risks of trafficking and other forms of exploitation and human rights violations. Gender discrimination and inequality can limit access to regular pathways for women and drive irregular migration. The risk of gender-based violence is particularly high along some irregular migration routes, 27 and irregular migration heightens the risks of exploitation, violence and trafficking for migrant women. In many cases irregular migrants face criminalization, which can lead to increased exposure to vulnerable situations and human rights violations, including discriminatory profiling, arbitrary arrest and detention, family separation and the inability to access health care, adequate housing, education and employment, among other rights (A/HRC/50/31).28 4. Working conditions 35. Although most major countries of destination have employment standards and labour laws in place establishing minimum wages, hours worked and workplace conditions, many migrant workers continue to be contracted and employed informally or only partially covered by such laws. 29 Under article 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, migrant workers who have been granted permission to engage in a remunerated activity shall be entitled to equality of treatment with nationals of the State of employment in the exercise of that remunerated activity. However, many migrant workers face unequal conditions of work when compared with nationals, including pay inequity and unsafe working conditions characterized by a lack of occupational health and safety training and personal protective equipment, and in some cases exclusion from labour law and employment sta ndards. 36. In many cases, migrant workers do not refuse unsafe work, for fear of loss of current or future employment, loss of housing or medical insurance, as well as loss of status. This is particularly problematic since migrant workers are concentrate d in underregulated sectors and are often performing the most dangerous work. Many migrant workers in agriculture also tend to have long working hours, are usually excluded from employment standards due to seasonal variability, are not eligible for vacation or overtime pay, and tend not to have seniority or skills recognition when their work permits specify job categories (e.g., general farm labourer) or lower skill or __________________ 25 26 27 28 29 10/21 OHCHR, We Wanted Workers, but Human Beings Came (see footnote 7). Women in Migration Network, No Borders to Equality (see footnote 16). United Nations Entity for Gender Equality and the Empowerment of Women (UN -Women), “From evidence to action: tackling gender-based violence against migrant women and girls”, policy brief, 2021. Available at www.unwomen.org/en/digital-library/publications/2021/10/policy-brief-fromevidence-to-action-tackling-gbv-against-migrant-women-and-girls. UN-Women, “Leaving no one behind: access to social protection for all migrant women”, policy brief No. 14. Available at www.unwomen.org/en/digital-library/publications/2020/01/access-tosocial-protection-for-all-migrant-women. UN-Women, “Women migrant workers’ journey through the margins: labour, migration and trafficking” (New York, 2016). Available at http://www.unwomen.org/en/digital-library/ publications/2017/2/women-migrant-workers-journey-through-the-margins. 23-13823