Domestic work is work. Domestic workers are, like other workers,
entitled to decent work. On 16 June 2011, the International Labour Conference of the International Labour Organization adopted the Convention concerning decent work for domestic workers, which is also referred to as the Domestic Workers Convention, 2011 (No. 189). 189 89
What is Convention No. 189 ?
No. 1
What is a Convention of the ILO? Recommendation No. 201 how is it
e nt i on No.
related to the Convention?
A treaty adopted by the International Labour Conference, which is made up Domestic Workers Recommendation of government, worker and employer No. 201, also adopted by the delegates from the 183 member States International Labour Conference of the ILO. of 2011, supplements Convention No. 189. Unlike the Convention, Recommendation No. 201 is not open What is Convention No. 189 about? for ratification. The Recommendation Convention No. 189 offers specific provides practical guidance protection to domestic workers. It concerning possible legal and other lays down basic rights and principles, v enti
measures to implement the rights and
and requires States to take a series of principles stated in the Convention. measures with a view to making decent work a reality for domestic workers. How is the Convention to be implemented? What does it mean to ratify The Convention may be implemented onv
a Convention? by extending or adapting existing laws
When a country ratifies a Convention, and regulations or other measures, C on
its government formally makes a or by developing new and specific
commitment to implement all the measures for domestic workers. obligations provided in the Convention, Some of the measures required and to report periodically to the ILO on under the Convention may be taken the measures taken in this regard. progressively. Convention No. 189
Who is covered by Convention No. 189 ?
What is domestic work? In implementing the Convention, will
workers and employers be consulted? Convention No. 189 defines domestic work as work performed in or for a The provisions of the Convention are to household or households. be implemented in consultation with the most representative workers and This work may include tasks such as employers organizations (Article 18). cleaning the house, cooking, washing and ironing clothes, taking care of In addition, the Convention requires children, or elderly or sick members of a Governments to consult with the family, gardening, guarding the house, most representative organizations of driving for the family, even taking care employers and workers and, where of household pets. they exist, with organizations that represent domestic workers and Who is a domestic worker? organizations that represent employers of domestic workers on four particular Under the Convention, a domestic matters: (i) identifying categories worker is any person engaged in of workers who would be excluded domestic work within an employment from the scope of the Convention; (ii) relationship. measures on occupational safety and health; (iii) measures on social security; A domestic worker may work on and (iv) measures to protect workers full-time or part-time basis; may be from abusive practices by private employed by a single household or by employment agencies (Articles 2, 13 & multiple employers; may be residing in 15). the household of the employer (live-in worker) or may be living in his or her own What can domestic workers do to residence (live-out). A domestic worker enjoy the protections offered by may be working in a country of which she/he is not a national. Convention No. 189? Convention No. 189 affirms the All domestic workers are covered by fundamental rights of domestic workers. Convention No. 189, although countries It sets minimum labour standards for may decide to exclude some categories, domestic workers. under very strict conditions. Domestic workers can: Who is the employer of organize & mobilize support for the a domestic worker? ratification and implementation of the Convention by their The employer of a domestic worker may Governments; be a member of the household for which the work is performed, or an agency use the provisions of the Convention or enterprise that employs domestic and the Recommendation to workers and makes them available to influence changes in laws and households. improve the working and living conditions of domestic workers, regardless of whether or not the country in which they work has ratified Convention No. 189.
Decent work for domestic workers
Convention No. 189
What are the minimum standards set by
Convention No. 189 for domestic workers?
Basic rights of domestic workers of the household in order to respond
to possible calls) (Article 10). Promotion and protection of the human rights of all domestic workers Remuneration (Preamble; Article 3). Minimum wage if a minimum wage Respect and protection of exists for other workers (Article 11). fundamental principles and rights at work: (a) freedom of association Payment of wages must be paid in and the effective recognition of cash, directly to the worker, and at the right to collective bargaining; regular interval of no longer than (b) elimination of all forms of forced one month. Payment by cheque or or compulsory labour; (c) abolition bank transfer when allowed by law of child labour; and (d) elimination or collective agreements, or with of discrimination in respect of workers consent (Article 12) employment and occupation In-kind payment is allowed under 3 (Articles 3, 4, 11). conditions: only a limited proportion Effective protection against all of total remuneration; monetary forms of abuse, harassment and value is fair and reasonable; the items violence (Article 5). or services given as in-kind payment are of personal use by and benefit to Fair terms of employment and the workers. This means that uniforms decent living conditions (Article 6). or protective equipments are not to be regarded as payment in kind, Information on terms and conditions but as tools that the employer must of employment provide to the workers at no cost to Domestic workers must be informed them for the performance of their of their terms and conditions duties (Article 12). of employment in an easily Fees charged by private employment understandable manner, preferably agencies are not to be deducted through a written contract (Article from the remuneration (Article 15). 7). Occupational safety and health Hours of work Right to safe and healthy working Measures aimed at ensuring equal environment (Article 13). treatment between domestic workers and workers generally with Measures are put in place to ensure respect to normal hours of work, workers occupational safety and overtime compensation, periods of health (Article 13). daily and weekly rest, and annual paid leave (Article 10). Social security Weekly rest period of at least 24 Social security protection, including consecutive hours (Article 10). maternity benefits (Article 14). Regulation of stand-by hours Conditions that are not less favourable (periods during which domestic than those applicable to workers workers are not free to dispose of generally (Article 14). their time as they please and are required to remain at the disposal
Decent work for domestic workers
Convention No. 189 Standards concerning child domestic Cooperation among sending and workers receiving countries to ensure the effective application of the provisions Requirement to set a minimum age for of the Convention to migrant entry into domestic work (Article 4). domestic workers (Article 8). Domestic workers aged 15 years old but less than 18 years old their work Private employment agencies should not deprive them of compulsory Measures to be put in place (Article 15): education, or interfere with their opportunities for further education or regulate of the operation of private vocational training (Article 4). employment agencies; ensure adequate machinery for Standards concerning live-in workers the investigation of complaints by Decent living conditions that respect the domestic workers; workers privacy (Article 6). provide adequate protection of Freedom to reach agreement with their domestic workers and prevention of employers or potential employers on abuses, in collaboration with other whether or not to reside in the household Members where appropriate; (Article 9). consider concluding bilateral, No obligation to remain in the household regional or multilateral agreements or with its members during their periods to prevent abuses and fraudulent of rest or leave (Article 9). practices. Right to keep their identity and travel Dispute settlement, complaints, documents in their possession (Article 9). enforcement Regulation of stand-by hours (Article 10). Effective access to the court, tribunals or other dispute settlement Standards concerning migrant domestic mechanisms, including accessible workers complaint mechanisms (Article 17). A written contract that is enforceable in Measures to be put in place to the country of employment, or a written ensure compliance with national job offer, prior to traveling to the country laws for the protection of domestic of employment (Article 8). workers, including labour inspection Clear conditions under which domestic measures. In in regard, the workers are entitled to repatriation at Convention recognizes the need to the end of their employment (Article 8). balance domestic workers right to protection and the right to privacy Protection of domestic workers of the households members (Article from abusive practices by private 17). employment agencies (Article 15).
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or the nearest International Labour Office in your country or region.
Full text of Convention No. 189 is available at: http://www.ilo.org/ilolex/english/convdisp1.htm
Full text of Recommendation No. 201 is available at: http://www.ilo.org/ilolex/english/recdisp1.htm
Conditions of Work and Employment Programme (TRAVAIL)
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