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3. The provisions of paragraphs I and 2 of the present article may not be interpreted as adversely
affecting any right to stay and work otherwise granted to such family members by the legislation of the
State of employment or by bilateral and multilateral treaties applicable to that State.
Article 51
Migrant workers who in the State of employment are not permitted freely to choose their remunerated
activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of
residence by the mere fact of the termination of their remunerated activity prior to the expiration of
their work permit, except where the authorization of residence is expressly dependent upon the
specific remunerated activity for which they were admitted. Such migrant workers shall have the right
to seek alternative employment, participation in public work schemes and retraining during the
remaining period of their authorization to work, subject to such conditions and limitations as are
specified in the authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right freely to choose their remunerated
activity, subject to the following restrictions or conditions.
2. For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or activities where this is
necessary in the interests of this State and provided for by national legislation;
(b) Restrict free choice of remunerated activity in accordance with its legislation concerning recognition
of occupational qualifications acquired outside its territory. However, States Parties concerned shall
endeavour to provide for recognition of such qualifications.
3. For migrant workers whose permission to work is limited in time, a State of employment may also:
(a) Make the right freely to choose their remunerated activities subject to the condition that the
migrant worker has resided lawfully in its territory for the purpose of remunerated activity for a period
of time prescribed in its national legislation that should not exceed two years;
(b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of granting
priority to its nationals or to persons who are assimilated to them for these purposes by virtue of
legislation or bilateral or multilateral agreements. Any such limitation shall cease to apply to a migrant
worker who has resided lawfully in its territory for the purpose of remunerated activity for a period of
time prescribed in its national legislation that should not exceed five years.
4. States of employment shall prescribe the conditions under which a migrant worker who has been
admitted to take up employment may be authorized to engage in work on his or her own account.
Account shall be taken of the period during which the worker has already been lawfully in the State of
employment.
Article 53
1. Members of a migrant worker's family who have themselves an authorization of residence or
admission that is without limit of time or is automatically renewable shall be permitted freely to choose
their remunerated activity under the same conditions as are applicable to the said migrant worker in
accordance with article 52 of the present Convention.
2. With respect to members of a migrant worker's family who are not permitted freely to choose their
remunerated activity, States Parties shall consider favourably granting them priority in obtaining