Recommendation R086 - Migration for Employment Recommendation (Revised), 1949 (No. 86)
16 of 18
http://oit.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID...
regulations.
2. If the migrant is not entitled to benefits under an unemployment insurance or assistance scheme, his maintenance, as well as that of
dependent members of his family during any period in which he is unemployed shall be determined by a separate agreement in so far as this is
not inconsistent with the terms of his contract.
3. The provisions of this Article shall not affect the right of the migrant to benefit from any provisions that may be included in his contract in
case it is prematurely terminated by the employer.
ARTICLE 25. PROVISIONS CONCERNING COMPULSORY RETURN
1. The competent authority of the territory of immigration undertakes that a migrant and the members of his family who have been authorised
to accompany or join him will not be returned to the territory from which he emigrated unless he so desires if, because of illness or injury, he is
unable to follow his occupation.
2. The Government of the territory of immigration undertakes not to send refugees and displaced persons or migrants who do not wish to return
to their country of origin for political reasons back to their territory of origin as distinct from the territory from which they were recruited, unless
they formally express this desire by a request in writing addressed both to the competent authority of the territory of immigration and the
representative of the body set up in accordance with the provisions of an international instrument which may be responsible for the protection of
refugees and displaced persons who do not benefit from the protection of any Government.
ARTICLE 26. RETURN JOURNEY
1. The cost of the return journey of a migrant introduced under a plan sponsored by the Government of the territory of immigration, who is
obliged to leave his employment for reasons for which he is not responsible, and who cannot, in virtue of national laws and regulations, be
placed in an employment for which he is eligible, shall be regulated as follows:
(a) the cost of the return journey of the migrant, and persons dependent upon him, shall in no case fall on the migrant himself;
(b) supplementary bilateral agreements shall specify the method of meeting the cost of this return journey;
(c) in any case, even if no provision to this effect is included in a bilateral agreement, the information given to migrants at the time of their
recruitment shall specify what person or agency is responsible for defraying the cost of return in the circumstances mentioned in this
Article.
2. In accordance with the methods of co-operation and consultation agreed upon under Article 28 of this Agreement, the two parties shall
determine the measures necessary to organise the return home of the said persons and to assure to them in the course of the journey the
conditions of health and welfare and the assistance which they enjoyed during the outward journey.
3. The competent authority of the territory of emigration shall exempt from customs duties on their arrival :
(a) personal effects; and
19/05/2020, 4:59 pm
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents