Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes the Government’s acknowledgment that no gender-specific programmes currently exist for women entering the country for employment, including domestic work. However, the Department of Labour provides all migrant workers with free advice on their rights, support services, migration procedures, and workplace safety, as well as individual consultations for women on protection from harassment and discrimination. While translation services are not formally available, assistance may be provided by multilingual staff, interpreters, or employers. The Government indicates that it is exploring ways to enhance gender-responsive assistance, including targeted information for female migrant workers on workplace rights and protection mechanisms. The Committee further observes that, according to the Statistics Department’s 2023 Population and Housing Census, 105 persons emigrated from Montserrat between May 2011 and September 2023, notably to the Caribbean Community (CARICOM) and the United States of America. Consequently, the Committee asks the Government to provide details on the kinds of services provided specifically targeting nationals intending to migrate for employment purposes.

Article 6. Equality of treatment. The Government acknowledges that, while no formal complaints were received during the reporting period, this may not indicate the absence of issues. To ensure the effective implementation of the Labour Code for migrant workers, the Department of Labour continues to: (1) conduct awareness sessions on their legal rights; (2) establish a confidential complaints mechanism; and (3) ensures access to mediation services for disputes. In addition, the Government states that it is exploring ways to expand outreach through partnerships with civil society organizations. The Committee asks the Government to provide information on how labour inspection services are ensuring the enforcement of the national legislation with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, in particular statistical data, if available.

Job mobility. The Committee observes that section 126.7 and 126.8 of the Labour Code 2012 stipulates that a work permit holder shall not seek alternative employment during the validity of the permit without the prior approval of the Minister or the primary employer. The Committee asks the Government to provide information on the practical application of sections 126.7-126.8 of the Labour Code, including the number of applications for a change of employers approved, and the reasons for any refusals by the Minister.

Article 8. Maintenance of residence in the event of incapacity for work. The Government indicates that migrant workers admitted on a permanent basis are subject to the same residency renewal procedures as other residents and are not automatically repatriated in cases of illness or injury. It adds that the Department of Labour and the Immigration Department assess individual cases, considering humanitarian considerations, family ties, and length of residence. The Government acknowledges the importance of the protection afforded by Article 8 of the Convention for ensuring stability and dignity and informs the Committee that it will: (1) review relevant immigration and labour provisions with a view to potential amendments that would safeguard residence status in cases of illness or injury; and (2) consult stakeholders to assess the impact and implementation of such measures. The Committee therefore asks the Government to indicate the result of the review of its immigration and labour provisions to ensure that migrant workers who have been admitted on a permanent basis maintain their right of residence in the event of incapacity for work sustained subsequent to entry.

Statistics. Noting once again the Government’s commitment to collect and provide the requested statistical information, disaggregated by sex, nationality and sector of employment, the Committee trusts that the Government will submit the information as soon as it becomes available.