The Domestic Workers Convention and Recommendation, 2011 An overview. George Politakis Decent Work for Domestic Workers, ITCILO, 8-12 July 2013

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1 The Domestic Workers Convention and Recommendation, 2011 An overview George Politakis Decent Work for Domestic Workers, ITCILO, 8-12 July 2013

2 The challenge - DW undervalued and poorly regulated - Women and migrant domestic workers present higher risk of abuse and harassment - Live-in arrangements difficult to regulate

3 The specificities of DW - Private household as a workplace, no co-workers - Absence of written contract (perceived as no real work) - No external monitoring

DW and ILO standards - If not expressly excluded, domestic workers are covered by all international labour standards - Flexibility clauses often permit

4 DW and ILO standards - If not expressly excluded, domestic workers are covered by all international labour standards - Flexibility clauses often permit exclusion but are rarely used - C189 has twofold objective: to reaffirm general applicability of ILS, and to identify special conditions calling for specific standards

C189 and R201 in the making - New instruments adopted under the double-discussion procedure - Preparatory work involved extensive research in national law and practice, and

5 C189 and R201 in the making - New instruments adopted under the double-discussion procedure - Preparatory work involved extensive research in national law and practice, and consultations with tripartite constituents, followed by Conference discussions in 2010 and C189 sets out binding minimum standards and R201 contains policy guidance on implementation

6 Definition- Scope - DW means work performed in or for a household(s) - DWr means any person engaged in DW within an employment relationship - C189 applies to all DWr, exclusion possibility for limited categories

Fundamental Principles and Rights at Work - Obligation to respect, promote and realize FPRW - FoA key to improving DWr working conditions - Minimum

7 Fundamental Principles and Rights at Work - Obligation to respect, promote and realize FPRW - FoA key to improving DWr working conditions - Minimum age eliminate hazardous DW by children - Protection against all forms of abuse, harassment and violence - R201 identifies concrete practical measures

8 Employment relationship - C189 encourages written contract containing specific terms and conditions - R201 provides for additional contract particulars and envisages model contact - Migrant DWr to receive written contract before leaving country of origin

9 Migrant domestic workers - Special focus on needs of migrant domestic workers - C189 contains specific provisions on written job offer, conditions for repatriation, international cooperation, regulation of PEAs, protection for live-in - R201 adds extra measures of protection

10 Conditions of employment - DWr free to decide on live-in arrangement - DWr free to leave household during weekly rest or annual leave - DWr free to keep travel document

least 24 consecutive hours of weekly rest - Stand-by hours to be regarded as hours of

11 Working time - Measures towards ensuring equal treatment with workers generally in terms of normal hours of work, overtime pay, daily/weekly rest, annual paid leave - At least 24 consecutive hours of weekly rest - Stand-by hours to be regarded as hours of work - R201 gives important guidance on record-keeping, weekly rest, stand-by and annual leave

12 Remuneration - DWr to enjoy minimum wage coverage, where it exists - Direct cash payment at regular intervals - Limited proportion in kind subject to strict conditions - R201 elaborates on in-kind benefits, pay slips

13 OSH Social security - Measures to ensure OSH and conditions not less favourable regarding social security protection, with due regard for specific characteristics of DW - Possibility for progressive implementation

14 Private employment agencies - To prevent abuses, ratifying countries must - regulate operation of PEAs (e.g. licensing) - provide for complaint-handling and penalties - consider concluding internaitonall agreements - Particularly important for migrant DWr

15 Enforcement measures - Effective access to courts - Establishment of complaint mechanisms - Development of measures for labour inspection - Access to households may be granted

16 Means of implementation - C.189 may be applied through laws and regulations, collective agreements, additional measures (e.g. programmes, model contracts, codes of conduct, etc.) - Need for tripartite consultations

17 Ratification status - To date, 8 ratifications (Bolivia, Italy, Mauritius, Nicaragua, Paraguay, Philippines, South Africa, Uruguay) - C.189 will enter into force on 5 Sept. 2013

ILO supervision - Members submit regular reports on national law/practice - Reports to be communicated to E and W organizations - ILO Committee of Experts examines

18 ILO supervision - Members submit regular reports on national law/practice - Reports to be communicated to E and W organizations - ILO Committee of Experts examines legislative conformity and practical application and addresses comments - Employers and workers organizations are entitled to submit observations on government report

19 Thank you For more information, visit: or contact: and

C189 - Domestic Workers Convention, 2011 (No. 189)

C189 - Domestic Workers Convention, 2011 (No. 189) Convention concerning decent work for domestic workers (Entry into force: 05 Sep 2013)Adoption: Geneva, 100th ILC session (16 Jun 2011) - Status: Up-to-date