PART V :
PROVISIONS APPLICABLE TO PARTICULAR CATEGORIES OF MIGRANT
WORKERS AND OF THEIR FAMILIES
Article
57
The
particular categories of migrant workers and members of their families
specified in the present part of the Convention who are documented or in
a regular situation shall enjoy the rights set forth in part m and,
except as modified below, the rights set forth in part IV.
Article
58
1. Frontier
workers, as defined in article 2, paragraph 2 (a), of the present
Convention, shall be entitled to the rights provided for in part IV that
can be applied to them by reason of their presence and work in the
territory of the State of employment, taking into account that they do
not have their habitual residence in that State.
2.
States of employment shall consider favourably granting frontier workers
the right freely to choose their remunerated activity after a specified
period of time. The granting of that right shall not affect their status
as frontier workers.
Article
59
1. Seasonal
workers, as defined in article 2, paragraph 2 (b), of the present
Convention, shall be entitled to the rights provided for in part IV that
can be applied to them by reason of their presence and work in the
territory of the State of employment and that are compatible with their
status in that State as seasonal workers, taking into account the fact
that they are present in that State for only part of the year.
2. The
State of employment shall, subject to paragraph 1 of the present
article, consider granting seasonal workers who have been employed in
its territory for a significant period of time the possibility of taking
up other remunerated activities and giving them priority over other
workers who seek admission to that State, subject to applicable
bilateral and multilateral agreements.
Article
60
Itinerant
workers, as defined in article 2, paragraph 2 (A), of the present Convention,
shall be entitled to the rights provided for in part IV that can be
granted to them by reason of their presence and work in the territory
of the State of employment and that are compatible with their status
as itinerant workers in that State.
Article
61
1. Project-tied
workers, as defined in article 2, paragraph 2 (of the present Convention,
and members of their families shall be entitled to the rights provided
for in part IV except the provisions of article 43, paragraphs I (b)
and (c), article 43, paragraph I (d), as it pertains to social housing
schemes, article 45, paragraph I (b), and articles 52 to 55.
2. If a project-tied worker claims that the terms of his or her work
contract have been violated by his or her employer, he or she shall
have the right to address his or her case to the competent authorities
of the State which has jurisdiction over that employer, on terms provided
for in article 18, paragraph 1, of the present Convention.
3. Subject to bilateral or multilateral agreements in force for them,
the States Parties concerned shall endeavour to enable project-tied
workers to remain adequately protected by the social security systems
of their States of origin or habitual residence during their engagement
in the project. States Parties concerned shall take appropriate measures
with the aim of avoiding any denial of rights or duplication of payments
in this respect.
4. Without prejudice to the provisions of article 47 of the present
Convention and to relevant bilateral or multilateral agreements, States
Parties concerned shall permit payment of the earnings of project-tied
workers in their State of origin or habitual residence.
Article
62
1.
Specified-employment workers as defined in article 2, paragraph 2 (g),
of the present Convention, shall be entitled to the rights provided for
in part IV, except the provisions of article 43, paragraphs I (b) and
(c), article 43, paragraph I (d), as it pertains to social housing
schemes, article 52, and article 54, paragraph 1 (d).
2.
Members of the families of specified-employment workers shall be
entitled to the rights relating to family members of migrant workers
provided for in part IV of the present Convention, except the provisions
of article 53.
Article
63
1.
Self-employed workers, as defined in article 2, paragraph 2 (h), of the
pre sent Convent ion , shall be entitled to the rights provided for in
part IV with the exception of those rights which are exclusively
applicable to workers having a contract of employment.
2.
Without prejudice to articles 52 and 79 of the present Convention, the
termination of the economic activity of the self-employed workers shall
not in itself imply the withdrawal of the authorization for them or for
the members of their families to stay or to engage in a remunerated
activity in the State of employment except where the authorization of
residence is expressly dependent upon the specific remunerated activity
for which they were admitted.
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