stipulating that migrant workers only become eligible for comprehensive
compensation with the completion of the employment contract period. Many
migrant workers should leave the employer-provided lodgings, receiving no
unemployment allowances if they have started looking for another workplace;
this constitutes infringement of their right to live.
B. Domestic/International norms and realistic cases in major countries
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of
Aliens’ Status) of the Constitution and Article 4 (About Foreigners in
Republic of Korea) of the National Human Rights Commission Act
apply.
- Ref. Article 15 (Freedom of Selection of Occupation) of the
Constitution; Article 1 (Purpose), Article 4 (Insurance Programs,
Including Unemployment Benefits), Article 40 (Eligibility Requirements
for Job-seeking Benefits) of the Employment Insurance Act
- Article 43 of the Migrant Workers Convention stipulates that migrant
workers have the right to equality of treatment with locals regarding the
International
use of housing.
norms
- A report of UNHCHR (A/HRC/14/30 para.88) points to the need to
provide shelter to migrant workers when necessary.
Cases in
major
countries
- In Spain, regular migrant workers who become unemployed are eligible
for unemployment allowance in accordance with the period of regular
employment and vocational training.
- In Japan, the guidelines of the Ministry of Health, Labor, and Welfare
stipulate that employers cope properly with the need for improvement
of migrant workers’ employment status, and that employment insurance
should apply to migrant workers.
Part 1. Stronger protection of migrant workers’ human rights
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