regularly admitted thereto, the loss by such migrant worker of his employment should not in itself imply the withdrawal of his authorisation of residence. 31. A migrant who has lost his employment should be allowed sufficient time to find alternative employment, at least for a period corresponding to that during which he may be entitled to unemployment benefit; the authorisation of residence should be extended accordingly. 32. (1) A migrant worker who has lodged an appeal against the termination of his employment, under such procedures as may be available, should be allowed sufficient time to obtain a final decision thereon. (2) If it is established that the termination of employment was not justified, the migrant worker should be entitled, on the same terms as national workers, to reinstatement, to compensation for loss of wages or of other payment which results from unjustified termination, or to access to a new job with a right to indemnification. If he is not reinstated, he should be allowed sufficient time to find alternative employment. 33. A migrant worker who is the object of an expulsion order should have a right of appeal before an administrative or judicial instance, according to conditions laid down in national laws or regulations. This appeal should stay the execution of the expulsion order, subject to the duly substantiated requirements of national security or public order. The migrant worker should have the same right to legal assistance as national workers and have the possibility of being assisted by an interpreter. 34. (1) A migrant worker who leaves the country of employment should be entitled, irrespective of the legality of his stay therein-(a) to any outstanding remuneration for work performed, including severance payments normally due; (b) to benefits which may be due in respect of any employment injury suffered; (c) in accordance with national practice-(i) to compensation in lieu of any holiday entitlement acquired but not used; (ii) to reimbursement of any social security contributions which have not given and will not give rise to rights under national laws or regulations or international arrangements: Provided that where social security contributions do not permit entitlement to benefits, every effort should be made with a view to the conclusion of bilateral or multilateral agreements to protect the rights of migrants. (2) Where any claim covered in subparagraph (1) of this Paragraph is in dispute, the worker should be able to have his interests represented before the competent body and enjoy equal treatment with national workers as regards legal assistance. See related Key Information Recommendation concerning Migrant Workers Adoption: Geneva, 60th ILC session (24 Jun 1975) Status: Up-to-date instrument. See also Submissions to competent authorities by country © Copyright and permissions 1996-2017 International Labour Organization (ILO) | Privacy policy | Disclaimer