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NORMLEX Home > Country profiles > > Comments > All Comments

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - San Marino (Ratification: 1985)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Migration flows. The Committee notes from the information provided by the Government in its report that, as of March 2022: (1) 15,304 citizens of San Marino, out of a total of 43,506, lived abroad, mainly in Italy, followed by United States, Argentina and France; (2) 5,503 foreigners resided in San Marino, the majority of which (4,726) were Italians, while the rest came for the largest part from Central and Eastern Europe, and more particularly, from Romania, Albania, Ukraine and the Russian Federation; (3) following the outbreak of the war in Ukraine, the Government has put into place a programme to host Ukrainian people providing them with shelter and participation in the social-economic life of the country, which benefited 220 persons as of June 2022; and (4) foreign nationals holding a resident permit include women from Moldova, Romania, the Russian Federation and Ukraine working in the care sector as well as seasonal workers in the commerce and hotel and tourism sectors. The Committee also notes from the statistical bulletin for the second trimester of 2022 by the Statistical Bureau of San Marino that the vast majority of foreign women with a resident permit is engaged as unskilled workers. The Committee asks the Government to continue to supply information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8 of the Convention. Legal status in the case of loss of employment. The Committee recalls that: (1) under article 18 of Law No. 118 of 2010, the loss of employment does not entail the immediate withdrawal of a migrant workers’ residence permit, except in the event of resignation; (2) in the case of loss of employment, migrant workers are given the possibility to register in a special placement list at the Employment Office, within ten days of losing their job, in order to look for a new job in the same sector.; (3) the residence permit is withdrawn only if the worker does not find a new job within the duration of the remainder of his or her permit, or when the migrant worker fails to register in the placement list. The Government informs that no complaints have been filed concerning the application of article 18 of Law No. 118 of 2010. The Government also clarifies that where housing is provided to the migrant worker by his/her former employer, the worker needs to find an alternative housing in order to maintain the residence permit.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes that the Commissioner for Human Rights of the Council of Europe : (1) observed that foreign private carers (badanti) for older persons or persons with disabilities who live in the households where they work might be in a particularly vulnerable situation; and (2) considered that better attention for the working of these women, including through labour inspections, was needed along with an orientation system, supported by integration measures, laying more emphasis on informing private carers of their human rights, including social rights, and the ways in which they can request support from the authorities, legal professionals and trade unions if faced with the risk of exploitation (A/HRC/WG.6/34/SMR/3, 14 August 2019, paragraphs 64 and 77). The Committee also recalls that under article 20(5) of Decree No. 5 of 2016 setting out the implementing regulations of Law No. 118 of 2010, the registration in the special placement list is subject to the provision by the migrant worker of documentary evidence that she or he has adequate housing. The Committee asks the Government to provide information on the measures taken to promote and guarantee equality of opportunity and treatment between nationals and migrant workers caregivers lawfully in the country. In particular, it asks the Government to provide: (i) any information on violations detected by the labour inspectors, the sanctions imposed and the remedies granted; and (ii) information on any case where the registration in the special placement list is refused due to the lack of housing, disaggregated by sex and occupation of the migrant worker. It also reiterates its request for information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

New legislation. The Committee notes the Government’s indication that Law No. 95 of 1997 on the stay and residence of foreign nationals was repealed and replaced by Law No. 118 of 2010, as amended by Law No. 118 of 2015. The Law lays down the conditions for the entry of foreign nationals in the country and for the issuance of stay and residence permits. The Committee notes, in particular, that one of the changes introduced by the new Law concerns the extension of the temporary and seasonal work permits for foreigners from 11 to 12 months, renewable up to three times.

Migration flows. In its previous comments, the Committee noted the information provided by the Government concerning the flows of temporary migrant workers entering the country mainly to work in the home-care sector and the hotel and tourism sectors, and asked the Government to continue to provide information in this regard. The Committee notes from the statistical information provided by the Government with its report that, as of 31 December 2015, there were 5,195 foreigners resident in the country, out of a total population of 33,005 individuals. Whereas 4,460 of the foreigners were Italians, the rest came, for the largest part, from Central and Eastern Europe, and more particularly, from Romania, Albania, Ukraine and Russian Federation. The Committee also notes that foreign nationals holding a residence permit include seasonal workers employed in the hotel, agriculture and industry sectors. The Committee requests the Government to continue to supply information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8 of the Convention. Legal status in the case of loss of employment. In its previous comments, the Committee asked the Government to: (i) indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay; and (ii) provide information on how the principle that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment, is applied to non-seasonal migrant workers. The Committee notes the Government’s indication that, under article 18 of Law No. 118 of 2010, the loss of employment does not entail the immediate withdrawal of a migrant workers’ residence permit, except in the event of resignation. In the case of loss of employment, migrant workers are given the possibility to register in a special placement list at the “Ufficio del Lavoro” (employment office), within ten days of losing their job, in order to look for a new job in the same sector. The Committee notes the Government’s indication that the residence permit is withdrawn only if the worker does not find a new job within the duration of the remainder of his or her permit, or when the migrant worker fails to register in the placement list. Concerning temporary and seasonal workers, the Committee notes that pursuant to article 18, paragraph 2, of Law No. 118 of 2010, in the case of loss of employment these workers are given three months to find a new job, after which their resident permit is withdrawn. The Committee further notes that under article 20, paragraph 5, of Decree No. 5 of 2016 setting out the implementing regulations of Law No. 118 of 2010, the registration in the special placement list is subject to the provision by the migrant worker of documentary evidence that she or he has adequate housing. In this regard, the Committee wishes to stress that Article 8(2) of the Convention provides that migrant workers who have lost their employment shall enjoy equality of treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining. The Committee recalls that Article 8(2) is conceived, not as an end in itself but as a means of achieving the objective of paragraph 1 of this Article which is to facilitate the restoration of the previous position of the migrant worker, who has lost his or her employment. In addition, Paragraph 31 of the Migrant Workers Recommendation, 1975 (No. 151), provides that migrants who lose their employment should be allowed “sufficient time to find alternative employment at least for the time corresponding to that during which he may be entitled to employment benefit; the authorization of residence should be extended accordingly”. The Committee therefore asks the Government to provide information on the application, in practice, of article 18 of Law No. 118 of 2010, including information on any complaints concerning its application that have been lodged with the competent authorities and their results. Please also clarify the status of the migrant worker who has lost his or her employment and cannot fulfil the requirements for registration in the placement list because his or her housing was provided by the former employer. The Committee also requests the Government to indicate the measures taken to ensure that migrant workers who have lost their employment enjoy equal treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and training, in accordance with Article 8(2) of the Convention.

Articles 10 and 12. Implementing a national policy on equality. In its previous comments, the Committee noted the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also noted the information in the Government’s report concerning the social security and health coverage of migrant workers. The Committee recalled that not only does Article 10 of the Convention require the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalled that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee notes that the Government reiterates its statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. The Committee notes that article 10, paragraph 5, of Law No. 118 of 2010 recognizes that regularly admitted migrant workers enjoy equal treatment and equality of rights and obligations with nationals in respect of services and benefits provided by the Institute of Social Security. On the other hand, the Committee notes from the fifth report of the European Commission against Racism and Intolerance (ECRI) that female migrant workers from Central and Eastern Europe who are employed as private caregivers remain in a vulnerable position and that steps should be taken to ensure that these workers receive information on their rights and on how to obtain assistance in case of problems, as well as on the remedies provided by the law in case of discrimination (CRI(2018)1, 27 February 2018, paragraph 69 et seq.). Once again, the Committee asks the Government to provide information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation, including information on any measures taken or envisaged in respect of migrant worker caregivers.

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

New legislation. The Committee notes the Government’s indication that Law No. 95 of 1997 on the stay and residence of foreign nationals was repealed and replaced by Law No. 118 of 2010, as amended by Law No. 118 of 2015. The Law lays down the conditions for the entry of foreign nationals in the country and for the issuance of stay and residence permits. The Committee notes, in particular, that one of the changes introduced by the new Law concerns the extension of the temporary and seasonal work permits for foreigners from 11 to 12 months, renewable up to three times.

Migration flows. In its previous comments, the Committee noted the information provided by the Government concerning the flows of temporary migrant workers entering the country mainly to work in the home-care sector and the hotel and tourism sectors, and asked the Government to continue to provide information in this regard. The Committee notes from the statistical information provided by the Government with its report that, as of 31 December 2015, there were 5,195 foreigners resident in the country, out of a total population of 33,005 individuals. Whereas 4,460 of the foreigners were Italians, the rest came, for the largest part, from Central and Eastern Europe, and more particularly, from Romania, Albania, Ukraine and Russian Federation. The Committee also notes that foreign nationals holding a residence permit include seasonal workers employed in the hotel, agriculture and industry sectors. The Committee requests the Government to continue to supply information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8 of the Convention. Legal status in the case of loss of employment. In its previous comments, the Committee asked the Government to: (i) indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay; and (ii) provide information on how the principle that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment, is applied to non-seasonal migrant workers. The Committee notes the Government’s indication that, under article 18 of Law No. 118 of 2010, the loss of employment does not entail the immediate withdrawal of a migrant workers’ residence permit, except in the event of resignation. In the case of loss of employment, migrant workers are given the possibility to register in a special placement list at the “Ufficio del Lavoro” (employment office), within ten days of losing their job, in order to look for a new job in the same sector. The Committee notes the Government’s indication that the residence permit is withdrawn only if the worker does not find a new job within the duration of the remainder of his or her permit, or when the migrant worker fails to register in the placement list. Concerning temporary and seasonal workers, the Committee notes that pursuant to article 18, paragraph 2, of Law No. 118 of 2010, in the case of loss of employment these workers are given three months to find a new job, after which their resident permit is withdrawn. The Committee further notes that under article 20, paragraph 5, of Decree No. 5 of 2016 setting out the implementing regulations of Law No. 118 of 2010, the registration in the special placement list is subject to the provision by the migrant worker of documentary evidence that she or he has adequate housing. In this regard, the Committee wishes to stress that Article 8(2) of the Convention provides that migrant workers who have lost their employment shall enjoy equality of treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining. The Committee recalls that Article 8(2) is conceived, not as an end in itself but as a means of achieving the objective of paragraph 1 of this Article which is to facilitate the restoration of the previous position of the migrant worker, who has lost his or her employment. In addition, Paragraph 31 of the Migrant Workers Recommendation, 1975 (No. 151), provides that migrants who lose their employment should be allowed “sufficient time to find alternative employment at least for the time corresponding to that during which he may be entitled to employment benefit; the authorization of residence should be extended accordingly”. The Committee therefore asks the Government to provide information on the application, in practice, of article 18 of Law No. 118 of 2010, including information on any complaints concerning its application that have been lodged with the competent authorities and their results. Please also clarify the status of the migrant worker who has lost his or her employment and cannot fulfil the requirements for registration in the placement list because his or her housing was provided by the former employer. The Committee also requests the Government to indicate the measures taken to ensure that migrant workers who have lost their employment enjoy equal treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and training, in accordance with Article 8(2) of the Convention.

Articles 10 and 12. Implementing a national policy on equality. In its previous comments, the Committee noted the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also noted the information in the Government’s report concerning the social security and health coverage of migrant workers. The Committee recalled that not only does Article 10 of the Convention require the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalled that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee notes that the Government reiterates its statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. The Committee notes that article 10, paragraph 5, of Law No. 118 of 2010 recognizes that regularly admitted migrant workers enjoy equal treatment and equality of rights and obligations with nationals in respect of services and benefits provided by the Institute of Social Security. On the other hand, the Committee notes from the fifth report of the European Commission against Racism and Intolerance (ECRI) that female migrant workers from Central and Eastern Europe who are employed as private caregivers remain in a vulnerable position and that steps should be taken to ensure that these workers receive information on their rights and on how to obtain assistance in case of problems, as well as on the remedies provided by the law in case of discrimination (CRI(2018)1, 27 February 2018, paragraph 69 et seq.). Once again, the Committee asks the Government to provide information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation, including information on any measures taken or envisaged in respect of migrant worker caregivers.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8 of the Convention. Legal status in the case of loss of employment. The Committee notes the Government’s indication that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8 of the Convention. Legal status in the case of loss of employment. The Committee notes the Government’s indication that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.
Article 8 of the Convention. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.
Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition
Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non-specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.
Article 8 of the Convention. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.
Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non-specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.
Article 8. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.
Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition
Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non-specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.
Article 8. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.
Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Migration flows. The Committee notes the information, including the statistics, in the Government’s report with respect to the recent flows of temporary migrant workers entering the country, mainly to work in the home care sector and the hotel and tourism sectors. Most of the migrant workers appear to be non-specialized workers, although the number of migrant workers with professional qualifications appears to be increasing. The Committee also notes that a large number of the immigrant population originates from Central and Eastern Europe, as well as Argentina, Brazil and Cuba. The Committee requests the Government to continue providing information, including statistical data disaggregated by sex and origin, on the situation of foreign nationals entering the labour market, and the sectors and occupations in which they are employed.

Article 8. Legal status in the case of loss of employment. The Committee notes the information in the Government’s report that seasonal workers whose labour relationship is interrupted before the end of their permit of stay have the right to find employment in the same sector for the duration of the remainder of their permit. After this period, the seasonal worker has to leave the country. After a period of two months, the employer may request a new seasonal permit for the duration of a maximum of ten months. The Committee asks the Government to indicate the legal status of those seasonal migrant workers who lose their employment and who do not find new employment for the remainder of their work permit and/or permit of stay. Please also provide information on how the principle is applied to non-seasonal migrant workers that the residence and/or work permits of workers whose situation is legal are not withdrawn systematically in the case of loss of employment.

Articles 10 and 12. Implementing a national policy on equality. The Committee notes the Government’s statement that there is no difference in treatment between national and migrant workers with respect to trade union and cultural rights, and the exercise of individual and collective freedoms. It also notes the information in the Government’s report with respect to the social security and health coverage of migrant workers. The Committee recalls that Article 10 of the Convention not only requires the repeal of statutory provisions or administrative practices which are discriminatory, but also the adoption of proactive steps by the public authorities to promote equality of opportunity and treatment in practice between nationals and migrant workers lawfully in the country, including with respect to employment and occupation. It also recalls that the objective of the national policy, achieving equality of opportunity and treatment, may be implemented in stages under a coordinated programme of proactive measures, described in Article 12 of the Convention. The Committee therefore asks the Government to provide additional information on the application in practice of its national policy aimed at promoting equality of opportunity and treatment between nationals and migrant workers lawfully in the country, and in particular with regard to employment and occupation.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation, policies and practical application. As the Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5–17), the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee would therefore be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration, and indicate any difficulties encountered in the practical application of certain provisions of the Convention.

Part II of the Convention (equal opportunity and treatment). Article 8 was one of the Articles most often cited by governments, at the time of the General Survey (see paragraphs 577–597), as being very difficult to apply. The Committee therefore asks the Government to provide information on how it applies the principle that the authorization of residence and/or work permit of workers whose situation is legal shall not be withdrawn systematically in the case of loss of employment.

Article 10. Recalling that under this Article, countries must implement an active policy designed to promote and to guarantee real equality of opportunity and treatment for migrant workers lawfully in their territory, the Committee would be grateful if the Government would provide, in addition to the provisions establishing equality of opportunity and treatment for national and foreign workers, detailed information on the practical application of its policy on equality of opportunity and treatment for national workers and migrant workers in respect of the matters enumerated in Article 10 of the Convention (employment and occupation, social security, trade union and cultural rights, individual and collective freedoms).

Statistics. Lastly, the Committee would be grateful if the Government would supply statistics of the number and location of its nationals working abroad and the countries of origin of the foreigners working in San Marino.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Legislation, policies and practical application. As the Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5–17), the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee would therefore be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration, and indicate any difficulties encountered in the practical application of certain provisions of the Convention.

2. Part II of the Convention (equal opportunity and treatment). Article 8 was one of the Articles most often cited by governments, at the time of the General Survey (see paragraphs 577–597), as being very difficult to apply. The Committee therefore asks the Government to provide information on how it applies the principle that the authorization of residence and/or work permit of workers whose situation is legal shall not be withdrawn systematically in the case of loss of employment.

3. Article 10. Recalling that under this Article, countries must implement an active policy designed to promote and to guarantee real equality of opportunity and treatment for migrant workers lawfully in their territory, the Committee would be grateful if the Government would provide, in addition to the provisions establishing equality of opportunity and treatment for national and foreign workers, detailed information on the practical application of its policy on equality of opportunity and treatment for national workers and migrant workers in respect of the matters enumerated in Article 10 of the Convention (employment and occupation, social security, trade union and cultural rights, individual and collective freedoms).

4. Statistics. Lastly, the Committee would be grateful if the Government would supply statistics of the number and location of its nationals working abroad and the countries of origin of the foreigners working in San Marino.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

2. Part II of the Convention (equal opportunity and treatment). Article 8 was one of the Articles most often cited by governments, at the time of the General Survey (see paragraphs 577–597), as being very difficult to apply. The Committee therefore asks the Government to provide information on how it applies the principle that the authorization of residence and/or work permit of workers whose situation is legal shall not be withdrawn systematically in the case of loss of employment.

3. Article 10. Recalling that under this Article, countries must implement an active policy designed to promote and to guarantee real equality of opportunity and treatment for migrant workers lawfully in their territory, the Committee would be grateful if the Government would provide, in addition to the provisions establishing equality of opportunity and treatment for national and foreign workers, detailed information on the practical application of its policy on equality of opportunity and treatment for national workers and migrant workers in respect of the matters enumerated in Article 10 of the Convention (employment and occupation, social security, trade union and cultural rights, individual and collective freedoms).

4. Statistics. Lastly, the Committee would be grateful if the Government would supply statistics of the number and location of its nationals working abroad and the countries of origin of the foreigners working in San Marino.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1. As the Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee would therefore be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration, and indicate any difficulties encountered in the practical application of certain provisions of the Convention.

2. Part II of the Convention (equal opportunity and treatment). Article 8 was one of the Articles most often cited by governments, at the time of the General Survey (see paragraphs 577-597), as being very difficult to apply. The Committee therefore asks the Government to provide information on how it applies the principle that the authorization of residence and/or work permit of workers whose situation is legal shall not be withdrawn systematically in the case of loss of employment.

3. Article 10. Recalling that under this Article, countries must implement an active policy designed to promote and to guarantee real equality of opportunity and treatment for migrant workers lawfully in their territory, the Committee would be grateful if the Government would provide, in addition to the provisions establishing equality of opportunity and treatment for national and foreign workers, detailed information on the practical application of its policy on equality of opportunity and treatment for national workers and migrant workers in respect of the matters enumerated in Article 10 of the Convention (employment and occupation, social security, trade union and cultural rights, individual and collective freedoms).

4. Lastly, the Committee would be grateful if the Government would supply statistics of the number and location of its nationals working abroad and the countries of origin of the foreigners working in San Marino.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in reply to its previous comments. It notes with interest the Government's statement that in San Marino all workers have freedom of choice in employment and occupation, regardless of their nationality or civil status.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Further to its earlier comments, the Committee noted the information in the Government's report concerning the application of Article 14(a) of the Convention, in particular the conditions that migrant workers must meet to obtain a residence permit assuring them free choice of employment. The Committee requests the Government to indicate whether these requirements are based on legal provisions, and if so it would appreciate receiving copies of such provisions.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its earlier comments, the Committee notes the information in the Government's report concerning the application of Article 14(a) of the Convention, in particular the conditions that migrant workers must meet to obtain a residence permit assuring them free choice of employment. The Committee requests the Government to indicate whether these requirements are based on legal provisions, and if so it would appreciate receiving copies of such provisions. The Committee also notes the statistical data supplied in the report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee notes the Government's report and notes in particular the information concerning the application of Articles 9, paragraph 3, and 13 of the Convention. The Committee also notes the statistical data supplied with the report and requests the Government to continue supplying such data in its future reports.

As regards Article 14(a), which had also been the subject of its comments, and which concerns free choice of employment for migrant workers who have resided lawfully in the country for the purpose of employment for a prescribed period, the Committee notes the Government's statements and once again requests it to indicate the provisions that regulate the conditions that migrant workers must fulfil in order to be granted a residence permit or a registration certificate for the purposes of making their free choice of employment. Please also supply information on the number of foreign, seasonal and temporary workers and the period for which they are generally engaged in San Marino.