(Adopted by the Committee of Ministers on 13 April 1976
at the 256th meeting of Ministers" Deputies)
The Committee of Ministers,
Considering that the aim of the Council of Europe is to achieve a greater unity between its Members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress;
Having regard to the provisions of the European Social Charter concerning the effective exercise of the right of migrant workers and their families to protection and assistance;
Considering that the provision of adequate information for migrant workers about living and working conditions in the immigration countries is an essential part of such protection and assistance;
Having regard to the fact that the migrant worker very often is provided with a work contract concluded either on an individual or a collective basis;
Believing that standardisation of work contracts may assist the under standing of migrant workers" rights and obligations.
Recommends that the governments of member states promote wherever possible and appropriate:
a.the use by employers and migrant workers of the model contract ppearing in Appendix I;
Appendix I to Resolution (76) 2,5
Model work contract
model contract for the introduction of migrant workers

This contract is concluded between:
I. Particulars of employer
Name of business _____________________________________________________
and/or, as appropriate,
Surname and forenames ________________________________________________
Address ______________________________________________________________
The employer of the first part, end
II. Particulars of worker
Surname and forenames ________________________________________________
Sex (M or F) _________________________________________________________
Date and place of birth ______________________________________________
Marital status _______________________________________________________
Nationality __________________________________________________________
Place of residence in state of origin ________________________________
Where recruited ______________________________________________________
Other identity particulars required by local custom __________________
The worker, of the other part,
who has agreed as follows:
III. Entry into force and duration of the contract
This contract shall be valid for an indefinite period/for a
period of ______________ expiring on ________________________________.
It shall take effect on __________________________ on the day the worker takes up employment.
IV. Job description
The worker is engaged by the employer as ________________________ (professional category into which the job falls) to __________________ (nature of work).
V. Remuneration
The migrant worker shall receive remuneration equal to that payable to national workers of the same category employed in the same establishment:
A. a. The wage shall be:
_______________________ per hour
_______________________ per week
_______________________ per month
b. Wages shall be paid
c. Payment for any overtime properly worked, including payment for work on a public holiday, Sunday or rest day, shall be made at rates prescribed by law or collective agreement.
B. The worker shall be entitles to the following bonuses and
additional benefits __________________________________________________
C. Deductions: the following shall be deducted from the gross wage:
a. Taxes (approximately ___________________ per month) as
payable by the employer to the tax authorities
b. Social security contributions
(approximately _____________________ per month)
c. Other deductions (if any)
approximately ___________ per month in respect of ____________
approximately ___________ per month in respect of ____________
approximately ___________ per _____ in respect of ____________
VI. Board and lodging
a. The worker shall provide his own board and lodging.
b. The employer shall supply: board
suitable accommodation
The worker shall pay
- ___________________ per day for board
- ___________________ per _________________ for lodging
including general expenses ( in particular cost of
electricity, heating etc.).
c. In addition to the cash wage, the employer shall provide board and lodging for the worker in his own household (agriculture, domestic service, hotel trade etc.).
d. Other arrangements:
VII. Duration of work and time-table
The normal duration of work shall be __________ hours per day
and _______ hours per week, allowing for weekly rest.
The worker may be required to work overtime within the limits and on the conditions prescribed by law or by current collective agreements.
VIII. Holidays with pay
As provided for by law and/or under collective agreements and/or other arrangements, the worker shall be entitled to:
a. ____________ days of annual holiday with pay
b. ____________ days of public holiday with pay.
IX. Social security
As far as the social security and family allowances are concerned, the worker shall be covered by a scheme laid down by legislation and/or international conventions and bilateral agreements and/or collective agreements. The employer and the worker shall take all measures required by law.
X. Travelling expenses
i. Cost of the worker"s journey from his place of residence in his state of origin to his place of work in order to take up employment under the terms of this contract:
a. The cost of travel organized by the employer in co-operation with official recruitment services shall not be borne by the worker.
b. Where the employer has undertaken to reimburse any travelling expenses paid by the worker he shall do so within one month. They shall, however, be payable by the worker, in proportion to the unexpired portion of his contract or of three years" employment calculated from the date of entry into force of his first contract, whichever period is the shorter, if he leaves his employment improperly before the expiry of the contract. In such a case the amount of any travelling expenses already repaid may be deducted from the amount owed by the employer, if the national regulations so stipulate.
ii. Expenses incurred by the worker in returning to his state of origin after leaving the employment covered by this contract:
The worker shall bear the cost of travelling back to his state of origin on leaving employment. If the contract is terminated before it is due to expire for reasons attributable to the employer, the latter shall pay the cost of travel up to the frontier of the worker"s state of origin, unless the worker finds alternative employment in the host state.
XI. General clauses
1. In regard to conditions of work and remuneration applicable under laws, regulations or agreements, including those concerning industrial health and safety, the worker shall be entitled to the same treatment, the same advantages and the same protection as other workers of the same category employed in the same establishment. Should the specified wage rate be altered for national workers in the same firm, the same alteration shall apply to the worker covered by this contract.
2. The employer agrees to ensure normal, regular and continuous work for the worker on the conditions prescribed for the national workers and specified in this contract.
3. The worker shall have the same obligations as nationals performing the same work in the firm.
4. This contract may not be terminated unilaterally before the expiry of the agreed period, except in the cases and according to the procedure provided for in the host state"s legislation on the premature termination of contracts, without prejudice to any regulations concerning public security or policy.
5. Where employer-worker relationship continues after the expiry of the agreed period, this contract shall be tacitly renewed for an indefinite period, unless a specific extension period has been expressly agreed.
In the event of tacit renewal, the current regulations governing the termination of contract shall apply.
6. Any disputes which may arise between the employer and the worker concerning the execution of this contract shall be settled in accordance with the legislation of the host state, and/or international agreements and conventions applicable to disputes and with any individual or collective procedure for the hearing of complaints or the settlement of disputes.
7. The original of this contract shall remain in the worker"s possession.
________________________________ _________________________________
(place and date) (place and date)
________________________________ _________________________________
(signature of worker) (signature of employer or his

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