508-(30))

II SÉRIE —NÚMERO 53

ARTICLE 5

One of the purposes of the measures taken under articles 3 and 4 of this Convention shall be that the authors of manpower trafficking can be prosecuted whatever the country from which they exercise their activities.

ARTICLE 6

1 — Provision shall be made under national laws or regulations for the effective detection of the illegal employment of migrant workers and for the definition and the application of administrative, civil and penal sanctions, which include imprisonment in their range, in respect of the illegal employment of migrant workers, in respect of the organization of movements of migrants for employment defined as involving the abuses referred to in article 2 of this Convention, and in respect for knowing assistance to such movements, whether for profit or otherwise.

2 — Where an employer is prosecuted by virtue of the provision made in pursuance of this article, he shall have the right to furnish proof of his good faith.

ARTICLE 7

The representative organizations of employers and workers shall be consulted in regard to the laws and regulations and other measures provided for in this Convention and designed to prevent and eliminate the abuses referred to above, and the possibility of their taking initiatives for this purpose shall be recognized.

ARTICLE 8

1 — On condition that he has resided legally in the territory for the purpose of employment, the migrant worker shall not be regarded as in an illegal or irregular situation by the mere fact of the loss of his employment, which shall not in itself imply the withdrawal of his authorization of residence or, as the case may be, work permit.

2 —Accordingly, he shall enjoy equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining.

ARTICLE 9

1 — Without prejudice to measures designed to controi movements of migrants for employment by ensuring that migrant workers enter national territory and are admitted to employment in conformity with the relevant laws and regulations, the migrant worker shall, in cases in which these laws and regulations have not been respected and in which his position cannot be regularized, enjoy equality of treatment for himself and his family m respect of rights arising out of past employment as regards remuneration, social security and other benefits.

2 — In case of dispute about the rights referred to in the preceding paragraph, the worker shall have the possibility of presenting his case to a competent body, either himself or through a representative.

3 — In case of expulsion of the worker or his family, the cost shall not be borne by them.

4 — Nothing in this Convention shall prevent Members from giving person who are illegally residing or working within the country the rigth to stay and to take up legal employment.

PART II

Equality of opportunity and treatment

ARTICLE 10

Each Member for which the Convention is in force undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rigths and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory.

ARTICLE 11

1 — For the purpose of this part of this Convention, the term «migrant worker» means a person who migrates or who has migrated from one country to another with a view to being employed otherwise than on his own account and includes any person regularly a amited as a migrant worker.

2 — This part of this Convention does not apply to:

a) Frontier workers;

b) Artistes and members of the liberal profes-

sions who have entered the country on a short-term basis;

c) Seamen;

d) Persons coming specifically for purposes of

training or education;

e) Employees of organizations or undertakings

operating within the territory of a country who have been admitted temporarily to that country at the request of their employer to undertake specific duties or assignments, for a limited and defined period of time, and who are required to leave that country on the completion of their duties or assignments.

ARTICLE 12

Each Member shall, by methods appropriate to national conditions and practice:

a) Seek the co-operation of employers' and work-

ers' organizations and other appropriate bodies in promoting the acceptance and observance of the policy provided for in article 10 of this Convention;

b) Enact such legislation and promote such

educational programmes as may be calculated to secure the acceptance and observance of the policy;

c) Take measures, encourage educational pro-

grammes and develop other activities aimed at acquainting migrant workers as fully as