A/HRC/35/37
language the worker can understand, and the necessary information should be
provided in a clear and comprehensive way in order to allow the worker to express his
or her free and informed consent. Contracts for migrant workers should be provided
sufficiently in advance of their departure from their country of origin. The contracts
should not be substituted and should be enforceable in the destination country. While
respecting confidentiality and the protection of personal data, Governments may
consider the use of information technology to achieve the above-mentioned objectives.
In the absence of a written contract, States should ensure that all rights of recruited
workers are respected in accordance with existing legislation and regulations.
106. States should ensure workers have access to free, comprehensive and accurate
information regarding their rights and the conditions of their recruitment and
employment.
4.
Access to remedy
107. States should ensure that workers have rapid and affordable access to
grievance and other dispute resolution mechanisms that enable them to address
alleged abuses and fraudulent practices in recruitment and employment without fear
of retaliatory measures, including blacklisting, detention or deportation, irrespective
of their presence or legal status in the State, and to appropriate and effective remedies
where abuses have occurred. States should also ensure, through judicial,
administrative, legislative or other means, that when abuses related to recruitment
and employment occur within their territory and/or jurisdiction, those affected have
access to effective remedies, which may include, but should not necessarily be limited
to, compensation. Pending the investigation or resolution of a grievance or dispute,
whistle-blowers or complainants should be protected and migrant workers should
have timely and effective access to procedures. States should ensure that these
mechanisms can be accessed across borders after a worker has returned to his or her
country of origin.
108. States should promote policies aimed at identifying and eliminating barriers to
effective access to grievance and other dispute resolution mechanisms, such as
complex administrative procedures, unreasonable costs, fear of discrimination or
retaliation and dismissal and, in the case of migrant workers, fear of detention or
deportation.
5.
Legislation on migration
109. States should abolish and replace employer sponsorship systems that bind
every worker to an employer as a sponsor and that create a situation of vulnerability
that favours abusive and exploitative work relationships leading to trafficking in
persons.
110. States should develop and increase the number of alternative options for
regular and safe migration and for legal employment of migrant workers.
111. States should ensure full recognition of the rights of all workers, including
migrant workers, to join and form trade unions and to bargain collectively.
112. States should ensure that bilateral and multilateral agreements on labour
migration include mechanisms for oversight of recruitment of migrant workers, are
concluded between countries of origin, transit and destination, as relevant, and are
implemented effectively. States should also ensure that such agreements are consistent
with internationally recognized human rights, including fundamental principles and
rights at work, and other relevant international human rights instruments and labour
standards. Agreements should also contain specific mechanisms to ensure
international coordination and cooperation, including on consular protection, and to
close regulatory and enforcement gaps related to recruitment across common labour
migration corridors.
113. States should equip embassies abroad to provide services to migrant workers,
especially channels for consultations and complaints.
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