Scope and definitions Ar ticle 1

PART I Scope and definitions Ar ticle 1

1. The pr esent Convent ion is applicable, except as ot her w ise pr ovided her eaft er , t o all migr ant w or ker s and member s of t hei r families w it hout distinction of any kind such as sex, r ace, colour , language, r eligion or convict ion, polit ical or ot her opinion, nat ional, et hnic or social or igin, nat ionalit y, age, economic posit ion, pr oper t y, mar it al st at us, bir t h or ot her st at us.

2. The pr esent Convent ion shall apply dur ing t he ent ir e migr at ion pr ocess of migr ant w or ker s and member s of t heir families, w hich compr ises pr epar at ion for migr at ion, depar t ur e, t r ansit and t he ent ir e per iod of st ay and r emuner at ed act ivit y in t he St at e of employment as w ell as r et ur n t o t he St at e of or igin or t he St at e of habit ual r esidence.

Ar ticle 2

For t he pur poses of t he pr esent Convent ion :

1. The t er m "migr ant w or ker " r efer s t o a per son w ho is t o be engaged, is engaged or has been engaged in a r emuner at ed act ivit y in a St at e of w hich he or she is not a nat ional.

2. (a) The t er m "fr ont ier w or ker " r efer s t o a migr ant w or ker w ho r et ains his or her habit ual r esidence in a neighbour ing St at e t o w hich he or she nor mally r et ur ns ever y day or at least once a w eek;

(b) The t er m "seasonal w or ker " r efer s t o a migr ant w or ker w hose w or k by it s char act er is dependent on seasonal conditions and is per for med only dur ing par t of t he year ;

(c) The t er m "seafar er ", w hich includes a fisher man, r efer s t o a migr ant w or ker employed on boar d a vessel r egist er ed in a St at e of w hich he or she is not a nat ional;

(d) The t er m "w or ker on an offshor e inst allat ion" r efer s t o a migr ant w or ker employed on an offshor e inst allat ion t hat is under t he jur isdict ion of a St at e of w hich he or she is not a nat ional;

(e) The t er m "it iner ant w or ker '' r efer s t o a migr ant w or ker w ho, having his or her habit ual r esidence in one St at e, has t o t r avel t o anot her St at e or St at es for shor t per iods, ow ing t o t he nat ur e of his or her occupat ion;

(f) The t er m "pr oject-t ied w or ker " r efer s t o a migr ant w or ker admit t ed t o a St at e of employment for a defined per iod t o w or k solely on a specific pr oject being car r ied out in t hat St at e by his or her employer ;

(g) The t er m "specified-employment w or ker " r efer s t o a migr ant w or ker :

(i) Who has been sent by his or her employer for a r est r ict ed and defined per iod of t ime t o a St at e of employment t o under t ake a specific assignment or dut y; or

(ii) Who engages for a r est r ict ed and defined per iod of t ime in w or k t hat r equir es pr ofessional, commer cial, t echnical or ot her highly specialized skill; or

(iii) Who, upon t he r equest of his or her employer i n t he St at e of employment , engages for a r est r ict ed and defined per iod of t ime in w or k w hose nat ur e is t r ansit or y or br ief;

(h) The t er m "self-employed w or ker " r efer s t o a migr ant w or ker w ho is engaged in a r emuner at ed act ivity ot her w ise t han under a cont r act of employment and w ho ear ns his or her living t hr ough t his act ivit y nor mally w or king alone or t oget her w it h member s of his or her family, and t o any other migr ant w or ker r ecognized as self-employed by applicable legislat ion of t he St at e of employment or bilat er al or mult ilat er al agr eement s.

Ar ticle 3

The pr esent Convent ion shall not apply t o : (a) Per sons sent or employed by int er national or ganizat ions and

agencies or per sons sent or employed by a St at e out side it s t er r it or y t o per for m official funct ions, w hose admission and st at us ar e r egulat ed by gener al int er national law or by specific int er national agr eement s or convent ions;

(b) Per sons sent or employed by a St at e or on it s behalf out side it s t er r it or y w ho part icipat e in development pr ogr ammes and ot her co-oper at ion pr ogr ammes, w hose admission and st at us ar e r egulat ed by agr eement w it h t he St at e of employment and w ho, in accor dance w it h t hat agr eement , ar e not consider ed migr ant w or ker s;

(c) Per sons t aking up r esidence in a St at e differ ent fr om t heir St at e of or igin as invest or s;

(d) Refugees and st at eless per sons, unless such applicat ion is pr ovided for in t he r elevant nat ional legislat ion of, or int ernat ional instr ument s in for ce for , t he St at e Par t y concer ned;

(e) St udent s and t r ainees; (f) Seafar er s and w or ker s on an offshor e inst allat ion w ho have not

been admit t ed t o t ake up r esidence and engage in a r emuner at ed act ivit y in t he St at e of employment .

Ar ticle 4

For t he pur poses of t he pr esent Convent ion t he t er m ''member s of t he family" r efer s t o per sons mar r ied t o migr ant w or ker s or having w it h t hem a r elat ionship t hat , accor ding t o applicable law , pr oduces effect s equivalent t o mar r iage, as w ell as t heir dependent childr en and ot her dependent per sons w ho ar e r ecognized as member s of t he family by applicable legislat ion or applicable bilat er al or mult ilat er al agr eement s bet w een t he St at es concer ned.

Ar ticle 5

For t he purposes of t he pr esent Convent ion, migr ant w or ker s and member s of t heir fami lies :

(a) Ar e consider ed as document ed or in a r egular sit uat ion if t hey ar e aut hor ized t o ent er , t o st ay and t o engage in a r emuner at ed act ivit y in t he St at e of employment pur suant t o t he law of t hat St at e and t o int er national agr eement s t o w hich t hat St at e is a par t y;

(b) Ar e consider ed as non-document ed or in an ir r egular sit uat ion if t hey do not comply w it h t he conditions provided for in subpar agr aph (a) of t he pr esent ar t icle.

Ar ticle 6

For t he pur poses of t he pr esent Convent ion : (a) The t er m “St at e of or igin" means t he St at e of w hich t he per son

concer ned is a nat ional; (b) The t er m “St at e of employment " means a St at e w her e t he

migr ant w or ker is t o be engaged, is engaged or has been engaged in a r emuner at ed act ivit y, as t he case may be;

(c) The t er m “St at e of t r ansit ” means any St at e t hr ough w hich t he per son concer ned passes on any jour ney t o t he St at e of employment or fr om t he St at e of employment t o t he St at e of or igin or t he St at e of habit ual r esidence.