International labour standards and labour migration

The ILO and the Protection of Migrant Workers

The protection of migrant workers lies at the heart of the ILO’s mandate, as articulated in its Constitution, which calls for the protection of “the interests of workers when employed in countries other than their own” (ILO Constitution, 1919, Preamble, recital 2). International labour standards apply to all workers—regardless of nationality or migration status—unless explicitly stated otherwise.

ILO Conventions on Labour Migration

The ILO has developed two dedicated conventions to regulate labour migration, safeguard the rights of migrant workers, and promote non-discrimination and equality of treatment:

• Migration for Employment Convention (Revised), 1949 (No. 97)
• Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)

Convention No. 143 is supplementary to both Convention No. 97 and Convention No. 111 on Discrimination (Employment and Occupation), 1958 (No. 111)

Key Provisions of the Conventions and Recommendations

• Convention No. 97 and its annexes aim to regulate the conditions under which labour migration occurs, including recruitment. It requires States to ensure equal treatment—without discrimination based on nationality, race, religion, or sex—between nationals and regularly employed migrant workers in areas such as:
  • Conditions of work
  • Trade union rights
  • Accommodation
  • Social security
  • Employment taxes
  • Legal proceedings

It is accompanied by the Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further guidance. The Recommendation includes a model agreement on migration for employment, including provisions for refugees and displaced persons.

• Convention No. 143 requires States to take action against abusive forms of labour migration while upholding the basic human rights of all migrant workers.
  • Part I: Requires a national policy promoting equality of opportunity and treatment for regular migrant workers and their families in terms of employment, social security, trade union and cultural rights, and individual and collective freedoms.
  • Part II: Is supported by the Migrant Workers Recommendation, 1975 (No. 151), offering further guidance.

Fundamental Principles and Broader Standards

All ILO fundamental Conventions apply to migrant workers, regardless of their status, residence, or nationality.

The ILO’s commitment to protecting migrant workers is reaffirmed in the 1998 Declaration on Fundamental Principles and Rights at Work, as amended in 2022. It calls on Member States to respect, promote, and realize fundamental rights at work in good faith and in accordance with the ILO Constitution, paying special attention to migrant workers as a group with specific needs.

For example, under Convention No. 111, migrant workers must be protected from discrimination in employment and occupation based on race, colour, sex, religion, political opinion, national extraction, or social origin. This can also include other grounds—such as nationality or migrant status—identified in national law through consultation with workers’ and employers’ organizations.

Forced Labour and Vulnerable Groups

The Protocol of 2014 to the Forced Labour Convention, 1930 and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203) are highly relevant to migrant workers. These instruments recognize the particular vulnerability of migrants to trafficking and forced labour, and urge States to protect them from abusive and fraudulent recruitment practices, among other violations.

Additional Relevant ILO Standards

A number of other ILO standards—both general and specific—that contribute to migrant worker protection include:

• Governance conventions on:
  • Wage Protection
  • Labour inspection
  • Employment policy
  • Tripartite consultation
• Instruments with specific provisions on migrant workers:
  • Private Employment Agencies Convention, 1997 (No. 181)
  • Domestic Workers Convention, 2011 (No. 189)
• Social security instruments:
  • Violence and Harassment Convention, 2019 (No. 190)
  • Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)

General Survey and Governance of Labour Migration

In 2016, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) conducted a General Survey on the migrant workers instruments. The resulting discussion by the Committee on the Application of Standards emphasized the need for:

• A rights-based approach to labour migration that responds to national contexts;
• Strong national governance and cooperation;
• Increased reliance on bilateral, regional, and multilateral agreements to manage migration effectively.

Broader Human Rights Protections

Beyond ILO standards, migrant workers and their families are protected under the United Nations core international human rights instruments, which apply to all persons irrespective of nationality.

One of the key instruments is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). This Convention complements ILO instruments and is monitored by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). The Convention specifically mandates the ILO to support the CMW in supervising implementation of labour-related provisions.

In addition, UN charter-based mechanisms are also relevant, particularly the Special Procedures of the UN Human Rights Council. Among them, the most prominent for migrant workers is the UN Special Rapporteur on the human rights of migrants.