2. Migrant workers or members of their families may be deprived of their residence or work permit only for non-performance of an obligation arising from a contract of employment and services or may be expelled only for non-performance of an obligation arising from a contract of employment, unless the performance of that obligation is a condition of that authorisation or authorisation. 9. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall be entitled to compensation. To work legally as agricultural workers, individuals and businesses must register with the U.S. Department of Labor. There are special registration requirements for agricultural workers who intend to receive, transport or drive a migrant or seasonal worker into agriculture. Application notes and reference documents are available online. Migrant workers who are not free to choose their paid activity in the State of employment shall not be considered to be in an irregular situation and shall not lose their residence permit merely because their remunerated activity has ended before the expiry of their work permit, unless the residence permit is expressly dependent on the specific remunerated activity for which they have been admitted. These migrant workers have the right to seek alternative employment, participate in public work programmes and retrain for the remainder of their work permits, subject to the conditions and restrictions set out in the work permit. 1. Without prejudice to the applicable double taxation conventions, migrant workers and members of their families have the following tasks with regard to income in the State of employment: this list contains the name and physical address of all current certificate holders, as well as the expiry date and certificate number generated by the Payroll and Hours Service.
The list shall also indicate whether the contractor has been authorized to house workers, to use vehicles to transport workers or to drive such vehicles. 4. States of employment shall lay down the conditions under which a migrant worker who has been admitted to employment may be allowed to pursue an activity as an employed person on his own account. In so doing, account must be taken of the period during which the worker has already resided legally in the State of employment. The AWPA contains the following requirements: agricultural employers must disclose the terms and conditions of employment at the time of recruitment and comply with these conditions; When employers use agricultural contractors (“FLCs” or “team leaders”) to recruit, supervise, or promote agricultural workers, they must confirm that the FLCs are registered with the U.S. Department of Labor and certified by the U.S. Department of Labor; Housing providers for agricultural workers must meet local and federal housing standards; and carriers of agricultural workers must operate vehicles that meet basic federal safety standards and are insured. Like the RSA, the AWPA does not apply to small employers.
The INA applies to temporary workers without U.S. citizens on H-2A visas. Employers who hire such employees must provide a certificate attesting that there are no qualified U.S. employees willing and able to do the job. Whereas the employment of irregular migrant workers is discouraged if the fundamental human rights of all migrant workers are generally recognised and whereas, in addition, the granting of certain additional rights to migrant workers and members of their families in a regular situation will encourage all migrants and employers to comply with the laws and procedures established by the States concerned. (7) Migrant workers and members of their families who are subject to any form of detention or deprivation of liberty under the legislation in force in the State of employment or in the State of transit shall enjoy the same rights as nationals of States in the same situation. Bearing in mind that the human problems related to migration are even more serious in the case of irregular migration, and therefore convinced that appropriate measures should be promoted to prevent and eliminate the illegal movement and trafficking of migrant workers, while ensuring the protection of their fundamental human rights, 1. In the event of the death of a migrant worker or the dissolution of marriage, the State of employment shall give favourable consideration to issuing a residence permit to the members of the family of that migrant worker residing in that State on the basis of family reunification; the State of employment shall take into account the length of his previous stay in that State. 3. States Parties shall take all appropriate measures to ensure that migrant workers are not deprived of the rights deriving from this principle because of irregularities in their residence or employment. In particular, employers are not exempt from legal or contractual obligations, and their obligations are in no way limited as a result of such an irregularity. 1.
States Parties shall facilitate, where necessary, the return of the bodies of deceased migrant workers or members of their families to the State of origin. However, the underlying vulnerabilities faced by migrant workers extend beyond the pandemic. Given the strict health policy that requires all migrant workers to undergo a health check before obtaining a visa and have the opportunity to find employment in the Gulf region, there is a social stigma that surrounds in particular the health of low-skilled migrant workers and their ability to find employment. This stigma leads, in part, to a reluctance on the part of migrant workers “to admit their illness to their employers and superiors” for fear of losing their jobs.16 After the social and economic consequences since the onset of COVID-19, Gulf states can no longer afford to exclude migrant workers from adequate access to national health settings. As Zahra Babar notes: aware of the impact of migrant worker flows on States and persons concerned and desiring to create standards that can contribute to the harmonization of States` attitudes by accepting the basic principles for the treatment of migrant workers and members of their families, (4) States of employment may provide special education systems in the mother tongue for the children of migrant workers, where appropriate, in cooperation with the countries of origin. A significant evolution in Qatar`s labor law came with the passage of Law No. 19 (2020), which allows migrant workers to change jobs before their contract expires without first having to obtain a Certificate of No Objection (NOC) from their employer. The NOC system left foreign workers at the mercy of their employers when looking for work elsewhere. This was a central feature of the kafala system, which essentially linked migrant workers to their sponsor or employer, leading to exploitative practices that violated international human rights laws and international labour standards.
