The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members for the purpose of safeguarding
and realising the ideals and principles which
are their common heritage and facilitating their economic and social progress while
respecting human rights and fundamental freedoms;
Considering that the legal status of migrant workers who are nationals of Council of
Europe member States should be regulated so
as to ensure that as far as possible they are
treated no less favourably than workers who are nationals of the receiving State
aspects of living and working conditions;
Being resolved to facilitate the social advancement of migrant workers and members of
Affirming that the rights and privileges which they grant to each other's nationals are
conceded by virtue of the close association
uniting the member States of the Council of
Europe by means of its Statute,
Have agreed as follows:
Article 1 Definition
- For the purpose of this Convention, the term "migrant worker" shall mean a
national of a Contracting Party who has been
authorised by another Contracting Party to
reside in its territory in order to take up paid employment.
- This Convention shall not apply to:
- frontier workers;
- artists, other entertainers and sportsmen engaged for a short period and members of a
- persons undergoing training;
- seasonal workers; seasonal migrant workers are those who, being nationals of a
Contracting Party, are employed on the territory
of another Contracting Party in an
activity dependent on the rhythm of the seasons, on the basis of a contract for a
specified period or for specified employment;
- workers, who are nationals of a Contracting Party, carrying out specific work in the
territory of another Contracting Party
on behalf of an undertaking having its registered
office outside the territory of that Contracting Party.
Article 2 Forms of recruitment
- The recruitment of prospective migrant workers may be carried out either by named or by
unnamed request and in the latter case
shall be effected through the intermediary of the
official authority in the State of origin if such an authority exists and,
appropriate, through the intermediary of the official authority of the receiving State.
- The administrative costs of recruitment, introduction and placing, when these operations
are carried out by an official authority,
shall not be borne by the prospective migrant
Article 3 Medical examinations and vocational test
- Recruitment of prospective migrant workers may be preceded by a medical examination and
a vocational test.
- The medical examination and the vocational test are intended to establish whether the
prospective migrant worker is physically
and mentally fit and technically qualified for
the job offered to him and to make certain that his state of health does not endanger
- Arrangements for the reimbursement of expenses connected with medical examination and
vocational test shall be laid down when
appropriate by bilateral agreements, so as to
ensure that such expenses do not fall upon the prospective migrant worker.
- A migrant worker to whom an individual offer of employment is made shall not be
required, otherwise than on grounds of fraud,
to undergo a vocational test except at the
Article 4 Right of exit Right to admission
- Each Contracting Party shall guarantee the following rights to migrant workers:
the right to leave the territory of the Contracting Party of which they are
- the right to admission to the territory of a Contracting Party in order to take up paid
employment after being authorised to do
so and obtaining the necessary papers.
- These rights shall be subject to such limitations as are prescribed by legislation and
are necessary for the protection of national
security, public order, public health or
- The papers required of the migrant worker for emigration and immigration shall be issued
as expeditiously as possible free of
charge or on payment of an amount not exceeding their
Article 5 Formalities and procedure relating to the work
Every migrant worker accepted for employment shall be provided prior to departure for
the receiving State with a contract of employment
or a definite offer of employment,
either of which may be drawn up in one or more of the languages in use in the State of
and in one or more of the languages in use in the receiving State. The use of at
least one language of the State of origin and
one language of the receiving State shall be
compulsory in the case of recruitment by an official authority or an officially recognised
Article 6 Information
- The Contracting Parties shall exchange and provide for prospective migrants appropriate
information on their residence, conditions
of and opportunities for family reunion, the
nature of the job, the possibility of a new work contract being concluded after
has lapsed, the qualifications required, working and living conditions (including the cost
of living), remuneration,
social security, housing, food, the transfer of savings, travel,
and on deductions made from wages in respect of contributions
for social protection and
social security, taxes and other charges. Information may also be provided on the cultural
religious conditions in the receiving State.
- In the case of recruitment through an official authority of the receiving State, such
information shall be provided, before his
departure, in a language which the prospective
migrant worker can understand, to enable him to take a decision in full knowledge
facts. The translation, where necessary, of such information into a language that the
prospective migrant worker can
understand shall be provided as a general rule by the State
- Each Contracting Party undertakes to adopt the appropriate steps to prevent misleading
propaganda relating to emigration and immigration.
Article 7 Travel
- Each Contracting Party undertakes to ensure, in the case of official collective
recruitment, that the cost of travel to the receiving
State shall never be borne by the
migrant worker. The arrangements for payment shall be determined under bilateral
which may also extend these measures to families and to workers recruited
- In the case of migrant workers and their families in transit through the territory of
one Contracting Party en route to the receiving
State, or on their return journey to the
State of origin, all steps shall be taken by the competent authorities of the transit
State to expedite their journey and prevent administrative delays and difficulties.
- Each Contracting Party shall exempt from import duties and taxes at the time of entry
into the receiving State and of the final
return to the State of origin and in transit:
- the personal effects and movable property of migrant workers and members of their family
belonging to their household;
- a reasonable quantity of hand-tools and portable equipment necessary for the occupation
to be engaged in.
The exemptions referred to above shall be granted in accordance with the laws or
regulations in force in the States concerned.
Article 8 Work permit
- Each Contracting Party which allows a migrant worker to enter its territory to take up
paid employment shall issue or renew a
work permit for him (unless he is exempt from this
requirement), subject to the conditions laid down in its legislation.
- However, a work permit issued for the first time may not as a rule bind the worker to
the same employer or the same locality for
a period longer than one year.
- In case of renewal of the migrant worker's work permit, this should as a general rule be
for a period of at least one year, in
so far as the current state and development of the
employment situation permits.
Article 9 Residence permit
- Where required by national legislation, each Contracting Party shall issue residence
permits to migrant workers who have been
authorised to take up paid employment on their
territory under conditions laid down in this Convention.
- The residence permit shall in accordance with the provisions of national legislation be
issued and, if necessary, renewed for
a period as a general rule at least as long as that
of the work permit. When the work permit is valid indefinitely, the residence
as a general rule be issued and, if necessary, renewed for a period of at least one year.
It shall be issued
and renewed free of charge or for a sum covering administrative costs
- The provisions of this Article shall also apply to members of the migrant worker's
family who are authorised to join him in accordance
with Article 12 of this Convention.
- If a migrant worker is no longer in employment, either because he is temporarily
incapable of work as a result of illness or accident
or because he is involuntarily
unemployed, this being duly confirmed by the competent authorities, he shall be allowed
the purpose of the application of Article 25 of this Convention to remain on the
territory of the receiving State for a period
which should not be less than five months.
Nevertheless, no Contracting Party shall be bound, in the case provided for in the above
sub-paragraph, to allow a migrant
worker to remain for a period exceeding the period of
payment of the unemployment allowance.
- The residence permit, issued in accordance with the provisions of paragraphs 1 to 3 of
this Article, may be withdrawn:
- for reasons of national security, public policy or morals;
- if the holder refuses, after having been duly informed of the consequences of such
refusal, to comply with the measures prescribed
for him by an official medical authority
with a view to the protection of public health;
- if a condition essential to its issue or validity is not fulfilled.
Each Contracting Party nevertheless undertakes to grant to migrant workers whose
residence permits have been withdrawn, an effective
right to appeal, in accordance with
the procedure for which provision is made in its legislation, to a judicial or
Article 10 Reception
- After arrival in the receiving State, migrant workers and members of their families
shall be given all appropriate information
and advice as well as all necessary assistance
for their settlement and adaptation.
- For this purpose, migrant workers and members of their families shall be entitled to
help and assistance from the social services
of the receiving State or from bodies working
in the public interest in the receiving State and to help from the consular authorities
their State or origin. Moreover, migrant workers shall be entitled, on the same basis as
national workers, to help and
assistance from the employment services. However, each
Contracting Party shall endeavour to ensure that special social services
whenever the situation so demands, to facilitate or co-ordinate the reception of migrant
workers and their
- Each Contracting Party undertakes to ensure that migrant workers and members of their
families can worship freely, in accordance
with their faith; each Contracting Party shall
facilitate such worship, within the limit of available means.
Article 11 Recovery of sums due in respect of maintenance
- The status of migrant workers must not interfere with the recovery of sums due in
respect of maintenance to persons in the State
of origin to whom they have maintenance
obligations arising from a family relationship, parentage, marriage or affinity, including
a maintenance obligation in respect of a child who is not legitimate.
- Each Contracting Party shall take the steps necessary to ensure the recovery of sums due
in respect of such maintenance, making
use as far as possible of the form adopted by the
Committee of Ministers of the Council of Europe.
- As far as possible, each Contracting Party shall take steps to appoint a single national
or regional authority to receive and
despatch applications for sums due in respect of
maintenance provided for in paragraph 1 above.
- This Article shall not affect existing or future bilateral or multilateral agreements.
Article 12 Family reunion
- The spouse of a migrant worker who is lawfully employed in the territory of a
Contracting Party and the unmarried children thereof,
as long as they are considered to be
minors by the relevant law of the receiving State, who are dependent on the migrant
worker, are authorised on conditions analogous to those which this Convention applies to
the admission of migrant workers and
according to the admission procedure prescribed by
such law or by international agreements to join the migrant worker in the
territory of a
Contracting Party, provided that the latter has available for the family housing
considered as normal for
national workers in the region where the migrant worker is
employed. Each Contracting Party may make the giving of authorisation
conditional upon a
waiting period which shall not exceed twelve months.
- Any State may, at any time, by declaration addressed to the Secretary General of the
Council of Europe, which shall take effect
one month after the date of receipt, make the
family reunion referred to in paragraph 1 above further conditional upon the migrant
worker having steady resources sufficient to meet the needs of his family.
- Any State may, at any time, by declaration addressed to the Secretary General of the
Council of Europe, which shall take effect
one month after the date of its receipt,
derogate temporarily from the obligation to give the authorisation provided for in
paragraph 1 above, for one or more parts of its territory which it shall designate in its
declaration, on the condition that
these measures do not conflict with obligations under
other international instruments. The declarations shall state the special
justifying the derogation with regard to receiving capacity.
Any State availing itself of this possibility of derogation shall keep the Secretary
General of the Council of Europe fully
informed of the measures which it has taken and
shall ensure that these measures are published as soon as possible. It shall
the Secretary General of the Council of Europe when such measures cease to operate and the
provisions of the
Convention are again being fully executed.
The derogation shall not, as a general rule, affect requests for family reunion submitted
to the competent authorities, before
the declaration is addressed to the Secretary
General, by migrant workers already established in the part of the territory concerned.
Article 13 Housing
- Each Contracting Party shall accord to migrant workers, with regard to access to housing
and rents, treatment not less favourable
than that accorded to its own nationals, insofar
as this matter is covered by domestic laws and regulations.
- Each Contracting Party shall ensure that the competent national authorities carry out
inspections in appropriate cases in collaboration
with the respective consular authorities,
acting within their competence, to ensure that standards of fitness of accommodation
kept up for migrant workers as for its own nationals.
- Each Contracting Party undertakes to protect migrant workers against exploitation in
respect of rents, in accordance with its
laws and regulations on the matter.
- Each Contracting Party shall ensure, by the means available to the competent national
authorities, that the housing of the migrant
worker shall be suitable.
Article 14 Pretraining Schooling Linguistic
training Vocational training and retraining
- Migrant workers and members of their families officially admitted to the territory of a
Contracting Party shall be entitled, on
the same basis and under the same conditions as
national workers, to general education and vocation training and retraining and
granted access to higher education according to the general regulations governing
admission to respective institutions
in the receiving State.
- To promote access to general and vocational schools and to vocational training centres,
the receiving State shall facilitate the
teaching of its language or, if there are
several, one of its languages to migrant workers and members of their families.
- For the purpose of the application of paragraphs 1 and 2 above, the granting of
scholarships shall be left to the discretion of
each Contracting Party which shall make
efforts to grant the children of migrant workers living with their families in the
receiving State in accordance with the provisions of Article 12 of this Convention
the same facilities in this
respect as the receiving State's nationals.
- The workers' previous attainments, as well as diplomas and vocational qualifications
acquired in the State of origin, shall be
recognised by each Contracting Party in
accordance with arrangements laid down in bilateral and multilateral agreements.
- The Contracting Parties concerned, acting in close co-operation shall endeavour to
ensure that the vocational training and retraining
schemes, within the meaning of this
Article, cater as far as possible for the needs of migrant workers with a view to their
return to their State of origin.
Article 15 Teaching of the migrant worker's mother tongue
The Contracting Parties concerned shall take actions by common accord to arrange, so
far as practicable, for the migrant worker's
children, special courses for the teaching of
the migrant worker's mother tongue, to facilitate, inter alia, their return to
their State of origin.
Article 16 Conditions of work
- In the matter of conditions of work, migrant workers authorised to take up employment
shall enjoy treatment not less favourable
than that which applies to national workers by
virtue of legislative or administrative provisions, collective labour agreement
- It shall not be possible to derogate by individual contract from the principle of equal
treatment referred to in the foregoing
Article 17 Transfer of savings
- Each Contracting Party shall permit, according to the agreements laid down by its
legislation, the transfer of all or such parts
of the earnings and savings of migrant
workers as the latter may wish to transfer.
This provision shall apply also to the transfer of sums due by migrant workers in respect
of maintenance. The transfer of
sums due by migrant workers in respect of maintenance
shall on no account be hindered or prevented.
- Each Contracting Party shall permit, under bilateral agreements or by other means, the
transfer of such sums as remain due to
migrant workers when they leave the territory of
the receiving State.
Article 18 Social Security
- Each Contracting Party undertakes to grant within its territory, to migrant workers and
members of their families, equality of
treatment with its own nationals, in the matter of
social security, subject to conditions required by national legislation and
or multilateral agreements already concluded or to be concluded between the Contracting
- The Contracting Parties shall moreover endeavour to secure to migrant workers and
members of their families the conservation of
rights in course of acquisition and acquired
rights, as well as provision of benefits abroad, through bilateral and multilateral
Article 19 Social and Medical Assistance
Each Contracting Party undertakes to grant within its territory, to migrant workers and
members of their families who are lawfully
present in its territory, social and medical
assistance on the same basis as nationals in accordance with the obligations it has
assumed by virtue of other international agreements and in particular of the European
Convention on Social and Medical Assistance
Article 20 Industrial accidents and occupational diseases
- With regard to the prevention of industrial accidents and occupational diseases and to
industrial hygiene, migrant workers shall
enjoy the same rights and protection as national
workers, in application of the laws of a Contracting Party and collective agreements
having regard to their particular situation.
- A migrant worker who is victim of an industrial accident or who has contracted an
occupational disease in the territory of the
receiving State shall benefit from
occupational rehabilitation on the same basis as national workers.
Article 21 Inspection of working conditions
Each Contracting Party shall inspect or provide for inspection of the conditions of
work of migrant workers in the same manner as
for national workers. Such inspection shall
be carried out by the competent bodies or institutions of the receiving State and by
other authority authorised by the receiving State.
Article 22 Death
Each Contracting Party shall take care, within the framework of its laws and, if need
be, within the framework of bilateral agreements,
that steps are taken to provide all help
and assistance necessary for the transport to the State of origin of the bodies of migrant
workers deceased as the result of an industrial accident.
Article 23 Taxation on earnings
- In the matter of earnings and without prejudice to the provisions on double taxation
contained in agreements already concluded
or which may in future be concluded between
Contracting Parties, migrant workers shall not be liable, in the territory of a
Contracting Party, to duties, charges, taxes or contributions of any description
whatsoever either higher or more burdensome
than those imposed on nationals in similar
circumstances. In particular, they shall be entitled to deductions or exemptions from
taxes or charges and to all allowances, including allowance for dependants.
- The Contracting Parties shall decide between themselves, by bilateral or multilateral
agreements on double taxation, what measures
might be taken to avoid double taxation on
the earnings of migrant workers.
Article 24 Expiry of contract and discharge
- On the expiry of a work contract concluded for a special period at the end of the period
agreed on and in the case of anticipated
cancellation of such a contract or cancellation
of a work contract for an unspecified period, migrant workers shall be accorded
not less favourable than that accorded to national workers under the provisions of
national legislation or collective
- In the event of individual or collective dismissal, migrant workers shall receive the
treatment applicable to national workers
under national legislation or collective labour
agreements, as regards the form and period of notice, the compensation provided
legislation or agreements or such as may be due in cases of unwarranted cancellation of
their work contracts.
Article 25 Re-employment
- If a migrant worker loses his job for reasons beyond his control, such as redundancy or
prolonged illness, the competent authority
of the receiving State shall facilitate his
re-employment in accordance with the laws and regulations of that State.
- To this end the receiving State shall promote the measures necessary to ensure, as far
as possible, the vocational retraining
and occupational rehabilitation of the migrant
worker in question, provided that he intends to continue in employment in the
Article 26 Right of access to the courts and administrative
authorities in the receiving State
- Each Contracting Party shall secure to migrant workers treatment not less favourable
than that of its own nationals in respect
of legal proceedings. Migrant workers shall be
entitled, under the same conditions as nationals, to full legal and judicial protection
their persons and property and of their rights and interests; in particular, they shall
have, in the same manner as nationals,
the right of access to the competent courts and
administrative authorities, in accordance with the law of the receiving State,
right to obtain the assistance of any person of their choice who is qualified by the law
of that State, for instance
in disputes with employers, members of their families or third
parties. The rules of private international law of the receiving
State shall not be
affected by this Article.
- Each Contracting Party shall provide migrant workers with legal assistance on the same
conditions as for their own nationals and,
in the case of civil or criminal proceedings,
the possibility of obtaining the assistance of an interpreter where they cannot
or speak the language used in court.
Article 27 Use of employment services
Each Contracting Party recognises the right of migrant workers and of the members of
their families officially admitted to its territory
to make use of employment services
under the same conditions as national workers subject to the legal provisions and
and administrative practice, including conditions of access, in force in that
Article 28 Exercise of the right to organise
Each Contracting Party shall allow to migrant workers the right to organise for the
protection of their economic and social interests
on the conditions provided for by
national legislation for its own nationals.
Article 29 Participation in the affairs of the undertaking
Each Contracting Party shall facilitate as far as possible the participation of migrant
workers in the affairs of the undertaking
on the same conditions as national workers.
Article 30 Return home
- Each Contracting Party shall, as far as possible, take appropriate measures to assist
migrant workers and their families on the
occasion of their final return to their State of
origin, and in particular the steps referred to in paragraphs 2 and 3 of Article
7 of this
Convention. The provision of financial assistance shall be left to the discretion of each
- To enable migrant workers to know, before they set out on their return journey, the
conditions on which they will be able to resettle
in their State of origin, this State
shall communicate to the receiving State, which shall keep available for those who request
it, information regarding in particular:
- possibilities and conditions of employment in the State of origin;
- financial aid granted for economic reintegration;
- the maintenance of social security rights acquired abroad;
- steps to be taken to facilitate the finding of accommodation;
- equivalence accorded to occupational qualifications obtained abroad and any tests to be
passed to secure their official recognition;
- equivalence accorded to educational qualifications, so that migrant workers' children
can be admitted to schools without down-grading.
Article 31 Conservation of acquired rights
No provision of this Convention may be interpreted as justifying less favourable
treatment than that enjoyed by migrant workers
under the national legislation of the
receiving State or under bilateral and multilateral agreements to which that State is a
Article 32 Relations between this Convention and the laws of
the Contracting Parties or international agreements
The provisions of this Convention shall not prejudice the provisions of the laws of the
Contracting Parties or of any bilateral
or multilateral treaties, conventions, agreements
or arrangements, as well as the steps taken to implement them, which are already
or may come into force, and under which more favourable treatment has been, or would be,
accorded to the persons protected
by the Convention.
Article 33 Application of the Convention
- A Consultative Committee shall be set up within a year of the entry into force of this
- Each Contracting Party shall appoint a representative to the Consultative Committee. Any
other member State of the Council of
Europe may be represented by an observer with the
right to speak.
- The Consultative Committee shall examine any proposals submitted to it by one of the
Contracting Parties with a view to facilitating
or improving the application of the
Convention, as well as any proposal to amend it.
- The opinions and recommendations of the Consultative Committee shall be adopted by a
majority of the members of the Committee;
however, proposals to amend the Convention shall
be adopted unanimously by the members of the Committee.
- The opinions, recommendations and proposals of the Consultative Committee referred to
above shall be addressed to the Committee
of Ministers of the Council of Europe, which
shall decide on the action to be taken.
- The Consultative Committee shall be convened by the Secretary General of the Council of
Europe and shall meet, as a general rule,
at least once every two years and, in addition,
whenever at least two Contracting Parties or the Committee of Ministers so requests.
committee shall also meet at the request of one Contracting Party whenever the provisions
of paragraph 3 of Article 12
- The Consultative Committee shall draw up periodically, for the attention of the
Committee of Ministers, a report containing information
regarding the laws and regulations
in force in the territory of the Contracting Parties in respect of matters provided for in
Article 34 Signature, ratification and entry into force
- This Convention shall be open to signature by the member States of the Council of
Europe. It shall be subject to ratification,
acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of
Council of Europe.
- This Convention shall enter into force on the first day of the third month following the
date of the deposit of the fifth instrument
of ratification, acceptance or approval.
- In respect of a signatory State ratifying, approving or accepting subsequently, the
Convention shall enter into force on the first
day of the third month following the date
of the deposit of its instrument of ratification, acceptance or approval.
Article 35 Territorial scope
- Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance or approval or at any later
date, by declaration to the Secretary
General of the Council of Europe, extend the application of this Convention to all or any
of the territories for whose international relations it is responsible or on whose behalf
it is authorised to give undertakings.
- Any declaration made in pursuance of the preceding paragraph may, in respect of any
territory mentioned in such declaration, be
withdrawn. Such withdrawal shall take effect
six months after receipt by the Secretary General of the Council of Europe of the
declaration of withdrawal.
Article 36 Reservations
- Any Contracting Party may, at the time of signature or when depositing its instrument of
ratification, acceptance or approval,
make one or more reservations which may relate to no
more than nine articles of Chapters II to IV inclusive, other than Articles
4, 8, 9, 12,
16, 17, 20, 25, 26.
- Any Contracting Party may, at any time, wholly or partly withdraw a reservation it has
made in accordance with the foregoing paragraph
by means of a declaration addressed to the
Secretary General of the Council of Europe, which shall become effective as from the
of its receipt.
Article 37 Denunciation of the Convention
- Each Contracting Party may denounce this Convention by notification addressed to the
Secretary General of the Council of Europe,
which shall take effect six months after the
date of its receipt.
- No denunciation may be made within five years of the date of the entry into force of the
Convention in respect of the Contracting
- Each Contracting Party which ceases to be a member of the Council of Europe shall cease
to be a Party to this Convention six months
after the date on which it loses its quality
as a member of the Council of Europe.
Article 38 Notifications
The Secretary General of the Council of Europe shall notify the member States of the
- any signature;
- the deposit of any instrument of ratification, acceptance or approval;
- any notification received in respect of paragraphs 2 and 3 of Article 12;
- any date of entry into force of this Convention in accordance with Article 34 thereof;
- any declaration received in pursuance of the provisions of Article 35;
- any reservation made in pursuance of the provisions of paragraph 1 of Article 36;
- withdrawal of any reservation carried out in pursuance of the provisions of paragraph 2
of Article 36;
- any notification received in pursuance of the provisions of Article 37 and the date on
which denunciation takes place.
In witness whereof, the undersigned, being duly authorised thereto, have signed this
Done at Strasbourg, this 24th day of November 1977, in English and in French, both texts
being equally authoritative, in a single
copy which shall remain deposited in the archives
of the Council of Europe. The Secretary General of the Council of Europe shall
certified copies to each of the signatory States.