A/HRC/26/35
which were open to citizens only. Another case brought to the Special Rapporteur’s
attention concerned a migrant who was subjected to a mandatory medical test that revealed
an old tuberculosis scar in his lung. He was subsequently deported, with no right to appeal
the decision, despite the fact that he did not have an active tuberculosis infection.
2.
Lack of employment contract and contract substitution
35.
When migrants do not have a contract, it is extremely difficult for them to claim
their rights and obtain compensation in relation to, inter alia, working conditions, wages
and social security, work accidents or illness. However, recruitment agencies and
employers routinely fail to provide migrants with a written contract. Some migrants receive
a contract in a language which they do not understand, with no translation provided. Others
find that their contract is not respected by their employer, including in relation to the wages
and working conditions. Upon arrival in the country of destination, the contract they signed
in their home country is simply substituted by another one, frequently with a lower salary
and a different job description. For instance, one migrant the Special Rapporteur met was
told she would work as a cook in a restaurant, but ended up as a domestic worker in a
private household, with a much lower salary. Others were promised jobs as electricians or
plumbers, but ended up as labourers. As these migrants have often paid a lot of money for
recruitment fees, and many have taken out loans to pay these costs, they usually have no
choice but to accept contract substitutions.
3.
Withheld or unfair remuneration
36.
Frequent human rights violations experienced by migrants in relation to payment of
wages include irregularities with regard to pay such as non-payment or excessive delays in
the payment of wages. Migrants also experience receiving unfair wages, including unequal
pay for the same work or work of equal value, based on discriminatory criteria such as
nationality. In particular, irregular migrants are frequently paid less than the minimum
wage. Some migrants report being denied paid holidays, others are not paid for overtime,
and some do not get paid sick leave. Migrants often receive their salaries in cash, which
makes it difficult to prove when they have not been paid, or when unjustified deductions
have been made from their salaries. One case brought to the Special Rapporteur’s attention
concerned a group of migrant farm workers who had not been paid for several months.
When they requested their wages to be paid, they were shot at, and many sustained injuries.
They were then allegedly left stranded in the greenhouse slum where they were living,
trying to recover from their injuries in an unhygienic environment, with no Government
support.
4.
Confiscation of documents
37.
Article 21 of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families provides that States parties should ensure
that employers and recruiters do not confiscate or destroy travel or identity documents
belonging to migrant workers. However, the Special Rapporteur has met with many
migrants who have had their passports or other identity documents confiscated by their
employers. Even when the law strictly prohibits the confiscation of documents, the Special
Rapporteur has seen this happen systematically, particularly in respect of workers
considered “low-skilled”, including domestic workers and construction workers. Employers
who have paid recruitment fees frequently see the migrants working for them as an
economic investment, and therefore try to prevent them from leaving, inter alia by
confiscating their passports. The confiscation of passports is routinely used as a tool to trap
migrants in exploitative jobs, forcing them to perform work they would not agree to
otherwise. This practice reinforces isolation and dependence and restricts the freedom of
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