3. In order to allow migrant workers referred to in paragraph 2 of the present article
sufficient time to find alternative remunerated activities, the authorization of residence
shall not be withdrawn at least for a period corresponding to that during which they may be
entitled to unemployment benefits.
Article 50
1. In the case of death of a migrant worker or dissolution of marriage, the State of employment
shall favourably consider granting family members of that migrant worker residing in that
State on the basis of family reunion an authorization to stay; the State of employment shall
take into account the length of time they have already resided in that State.
2. Members of the family to whom such authorization is not granted shall be allowed before
departure a reasonable period of time in order to enable them to settle their affairs in the
State of employment.
3. The provisions of paragraphs I and 2 of the present article may not be interpreted as
adversely affecting any right to stay and work otherwise granted to such family members by
the legislation of the State of employment or by bilateral and multilateral treaties applicable
to that State.
Article 51
Migrant workers who in the State of employment are not permitted freely to choose their
remunerated activity shall neither be regarded as in an irregular situation nor shall they lose
their authorization of residence by the mere fact of the termination of their remunerated
activity prior to the expiration of their work permit, except where the authorization of
residence is expressly dependent upon the specific remunerated activity for which they
were admitted. Such migrant workers shall have the right to seek alternative employment,
participation in public work schemes and retraining during the remaining period of their
authorization to work, subject to such conditions and limitations as are specified in the
authorization to work.
Article 52
1. Migrant workers in the State of employment shall have the right freely to choose their
remunerated activity, subject to the following restrictions or conditions.
2. For any migrant worker a State of employment may:
(a) Restrict access to limited categories of employment, functions, services or activities
where this is necessary in the interests of this State and provided for by national legislation;
(b) Restrict free choice of remunerated activity in accordance with its legislation concerning
recognition of occupational qualifications acquired outside its territory. However, States
Parties concerned shall endeavour to provide for recognition of such qualifications.
3. For migrant workers whose permission to work is limited in time, a State of employment
may also:
(a) Make the right freely to choose their remunerated activities subject to the condition that
the migrant worker has resided lawfully in its territory for the purpose of remunerated
activity for a period of time prescribed in its national legislation that should not exceed two
years;
(b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of
granting priority to its nationals or to persons who are assimilated to them for these
purposes by virtue of legislation or bilateral or multilateral agreements. Any such limitation
shall cease to apply to a migrant worker who has resided lawfully in its territory for the
purpose of remunerated activity for a period of time prescribed in its national legislation
that should not exceed five years.
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