Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the full information provided by the Government in its report in reply to the Committee’s previous comments.

1. Article 2, paragraphs 1 and 2, and Article 3(a) and (b) of the Convention. With reference to its previous observations concerning unlawful immigration and the employment of migrants in abusive conditions, the Committee notes the detailed information provided in the Government’s report and the 1999 report of the labour inspectorate. The Committee notes the positive trend respecting legislation and joint actions to detect and prevent illegal labour and employment.

2. On the legislative side, the Committee notes with interest the adoption of the Employment and Work of Aliens Act, dated 14 July 2000, and the Illegal Work and Employment Act, dated 14 April 2000. The Committee also notes, according to the provisions of article 5 of the Aliens Act of 1999, the adoption every two years of a resolution on migration policy. The 1999 resolution sets out the following measures to be adopted regarding the prevention of illegal migration: preventive measures, including an effective visa regime harmonized with European foreign and security policies; the effective control of borders and border crossings; appropriate internal control; an appropriate criminal sanctions policy; international cooperation in the areas of information, legal affairs, customs and the police.

3. As far as joint actions are concerned, the Committee particularly notes the creation of a special government commission that coordinates the joint action of stricter supervision by the labour inspectorate, the market inspectorate, the tax administration and the police. These actions represent additional supervision in all those activities and environments where illegal labour and employment is believed to be most prevalent.

4. The Committee hopes that the Government will supply information in its next report on the implementation and impact of the measures referred to above. Moreover, as already expressed in its previous comments, it would be grateful if the Government would indicate how employers’ and workers’ organizations are consulted in identifying unlawful migration and the employment of migrants in abusive conditions.

5. Article 8, paragraphs 1 and 2. The Committee notes the information provided by the Government concerning the types of work permits according to article 8 of the Employment and Work of Aliens Act (personal work permit, permit for work, permit for employment). The Committee notes that in case of termination of employment a permit for employment shall cease to be valid. In this respect, the Committee requests the Government to supply further information regarding termination of employment, in order to ensure that the migrant worker shall not be regarded as in an irregular situation by the mere fact of the loss of his employment, in accordance with article 8.

6. Regarding the question of equality of treatment and particularly the right to benefits in the case of unemployment if the aliens concerned were working on the basis of a personal work permit, the Committee requests the Government to supply additional information with respect to the qualifying conditions applicable to both aliens and national workers.

7. Article 9, paragraph 3. The Committee recalls that its previous comments referred to the need for the national legislation to ensure that, in the case of expulsion of the worker or his or her family, the cost of the administrative procedure for the expulsion is not borne by them. The Committee draws attention to the distinction that derives from the drafting of article 62 of the Aliens Act, according to which "Aliens who have their own funds shall be obliged to refund the costs (…) incurred in relation to their deportation". The Committee trusts that the Government will take the necessary measures to fully apply the Convention and that it will provide further information in this respect with its new report.

8. Article 10. The Committee notes the information provided by the Government and hopes that it will continue supplying details on follow-up action taken regarding the implementation of the policy on equality of opportunity and treatment of migrant workers and their families.