Migration for Employment Recommendation (Revised), 1949 (No. 86)

Migration for Employment Recommendation (Revised), 1949 (No. 86)
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This Recommendation supplements the Migration for Employment Convention (Revised 1949), No.97 by including provisions for migrants who are refugees and displaced persons.

The Recommendation contains guidance on, among other matters, the organization of the free service provided to assist migrants and the types of assistance that it should provide, as well as the information that  States should make available to the ILO. It provides for the regulation of intermediaries undertaking the recruitment, introduction or placing of migrants for employment.

 It calls for:

  • the facilitation of migration, among other measures, through vocational training and access to schools;
  • the adoption of measures to permit family reunification;
  • the possibility for migrants for employment authorized to reside in a territory and the members of their families authorized to join them to be admitted to employment in the same conditions as nationals, or at least the limitation of restrictions in this respect.

 A State should refrain from removing from its territory a migrant for employment who has been regularly admitted (and, where appropriate, the members of her or his family) on account of her or his lack of means or the state of the employment market, unless an agreement to this effect has been concluded between the country of emigration and the country of immigration concerned.

The State of origin of a migrant worker who has retained her or his nationality and returns there should admit such a person to the benefit of measures for relief and for promoting the re-employment of the unemployed, without any condition as to previous residence or employment.

In appropriate cases, States should conclude bilateral agreements relating to the application of Convention No. 97 and Recommendation No. 86. For this purpose, the Annex to the Recommendation contains a Model Agreement intended to serve as a guide for States.

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