The Domestic Workers Convention and Recommendation, 2011 An overview George Politakis Decent Work for Domestic Workers, ITCILO, 8-12 July 2013
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
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 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 consultations with tripartite constituents, followed by Conference discussions in 2010 and 2011 - C189 sets out binding minimum standards and R201 contains policy guidance on implementation
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 age eliminate hazardous DW by children - Protection against all forms of abuse, harassment and violence - R201 identifies concrete practical measures
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
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
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
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
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
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
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
Enforcement measures - Effective access to courts - Establishment of complaint mechanisms - Development of measures for labour inspection - Access to households may be granted
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
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 legislative conformity and practical application and addresses comments - Employers and workers organizations are entitled to submit observations on government report
Thank you For more information, visit: www.ilo.org/domesticworkers or contact: normes@ilo.org and travail@ilo.org