Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Migration for Employment Convention (Revised), 1949 (No. 97) - Anguilla

Other comments on C097

Direct Request

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Article 1 of the Convention. Information on laws and policies. The Committee notes that a new draft Labour Code is expected to be enacted in the course of 2018. It notes that section 168(4) of the draft Code provides that the “Ministry recognizes that persons employed on work permits represent a group of persons with special vulnerabilities and will endeavour to ensure that such persons are treated fairly and are protected in accordance with labour laws and policies”. Part 15 of the draft Code regulates work permits and section 31(1)(e) provides that the Minister may appoint an Advisory Committee for a term not exceeding five years to consider and recommend general questions relating to migration for employment and the conditions of migrant workers. The Committee requests the Government to provide information on any developments with respect to the enactment of the new Labour Code, including on any steps taken to appoint an Advisory Committee and on any recommendations made by it regarding the employment and conditions of migrant workers. Recalling further that the Labour and Immigration Policy was being revised, the Committee also asks the Government to indicate any developments in this regard and to provide a copy of the new labour migration policy, when adopted.

Article 6. Equality of treatment. The Committee notes that, pursuant to section 181(5) of the draft Code, a work permit holder is entitled to all the rights and benefits conferred by the Code and any condition of employment that is inconsistent with the Code is void. The Committee further notes the provisions of Part 11 of the draft Labour Code regarding equality of treatment in employment. It notes in particular that draft sections 109(1)(b) and 110 define and prohibit discrimination in employment and occupation, including on the basis of any characteristic which pertains generally or is generally imputed to persons of a particular race, sex, religion and nationality, among other grounds. It also notes that sections 1 and 115 define and prohibit sexual harassment. The Committee hopes that the draft Labour Code will soon be adopted and asks the Government to provide information on the measures taken to ensure that the rights and guarantees regarding equality and non-discrimination provided for by the Code, once adopted and entered into force, are implemented in practice with respect to migrant workers, and to indicate whether specific procedures exist to support or assist migrant workers in accessing justice in the case of labour disputes concerning unequal treatment.

Equality of treatment – wage deductions and fees charged to the worker. The Committee notes section 51(2) of the draft Labour Code which provides that “except for work permit fees, an employer shall not seek to recover from an employee, whether by way of deduction from wages or otherwise, any sum or fee incurred in relation to the recruitment of the employee, including visa fee or security bond”. Subject to the direction of the Labour Commissioner and after consultation with the employee, an employer may deduct a reasonable amount of wages to cover no more than 50 per cent of the amount of the work permit fee (section 51(3)). The Committee recalls that Article 6(1)(a)(i) of the Convention prohibits unequal treatment between nationals and migrant workers with respect to remuneration. The Committee requests the Government to provide information on the amount of the work permit fee incurred, and to clarify whether the work permit fee is charged to the worker or the employer and for what purpose (including costs covered).

Domestic workers. The Committee notes that section 181(2) of the draft Code provides that “except for domestic workers, a work permit holder shall not be compelled to live with his employer”. Domestic workers are not obliged to stay with their employer during periods of weekly rest and holidays (section 181(3)). The Committee asks the Government to provide information on the number of men and women domestic workers in Anguilla – distinguishing between permanent residents, belongers (persons born in the territory) and work permit holders – and to indicate the reasons why domestic workers with a work permit are compelled to live with their employer, except during periods of weekly rest and holidays.

Article 8. Right of no return in the event of incapacity of work. Given that legal difficulties persist in a number of member States relating to the maintenance of residency rights of permanently admitted migrants (see General Survey on fair migration, 2016, paragraphs 449–455, and 533), the Committee requests the Government to provide information on: (i) the number of migrant workers admitted on a permanent basis in Anguilla or the number of non belongers that have permanent residence; and (ii) the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Practical application and statistics. The Committee notes the statistics provided by the Government on the number of work permits approved between 2013 and 2017. It notes that 1,108 work permits were approved in 2016, including 424 for women. The Committee requests the Government to continue to provide statistical data, disaggregated by sex and nationality, as well as by sector of employment and by occupation, on the number of non-belongers, with and without a work permit, employed in Anguilla. It also asks the Government to provide information on the manner in which the Convention is applied (for example extracts from labour inspection reports, information on practical difficulties on the application of the Convention, etc.) in accordance with Part V of the report form.