PART IV: Other Rights of Migrant Workers and Members of their Families
who are Documented or in a Regular Situation
Article 36
Migrant workers and members of their families who are documented or in a regular
situation in the State of employment shall enjoy the rights set forth in the present part of the
Convention in addition to those set forth in part III.
Article 37
Before their departure, or at the latest at the time of their admission to the State of
employment, migrant workers and members of their families shall have the right to be fully
informed by the State of origin or the State of employment, as appropriate, of all conditions
applicable to their admission and particularly those concerning their stay and the
remunerated activities in which they may engage as well as of the requirements they must
satisfy in the State of employment and the authority to which they must address themselves
for any modification of those conditions.
Article 38
1. States of employment shall make every effort to authorize migrant workers and members
of the families to be temporarily absent without effect upon their authorization to stay or to
work, as the case may be. In doing so, States of employment shall take into account the
special needs and obligations of migrant workers and members of their families, in
particular in their States of origin.
2. Migrant workers and members of their families shall have the right to be fully informed
of the terms on which such temporary absences are authorized.
Article 39
1. Migrant workers and members of their families shall have the right to liberty of movement
in the territory of the State of employment and freedom to choose their residence there.
2. The rights mentioned in paragraph 1 of the present article shall not be subject to any
restrictions except those that are provided by law, are necessary to protect national security,
public order (ordre public), public health or morals, or the rights and freedoms of others
and are consistent with the other rights recognized in the present Convention.
Article 40
1. Migrant workers and members of their families shall have the right to form associations
and trade unions in the State of employment for the promotion and protection of their
economic, social, cultural and other interests.
2. No restrictions may be placed on the exercise of this right other than those that are
prescribed by law and are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights and freedoms of others.
Article 41
1. Migrant workers and members of their families shall have the right to participate in
public affairs of their State of origin and to vote and to be elected at elections of that State,
in accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their legislation,
facilitate the exercise of these rights.
Article 42
1. States Parties shall consider the establishment of procedures or institutions through
which account may be taken, both in States of origin and in States of employment, of special
needs, aspirations and obligations of migrant workers and members of their families and
shall envisage, as appropriate, the possibility for migrant workers and members of their
families to have their freely chosen representatives in those institutions.
2. States of employment shall facilitate, in accordance with their national legislation, the
consultation or participation of migrant workers and members of their families in decisions
concerning the life and administration of local communities.
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