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8/8/2019 PPP Yellow Report English
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Decent work for domesticworkers
Proposed Conclusions with a view
to possible international labour standards
8/8/2019 PPP Yellow Report English
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1) Domestic work is undervalued, invisible, poorlyregulated
2) Mostly carried out by women, many of whommigrants
3) Domestic workers vulnerable to abuses of fundamental human rights (forced labour, childlabour and discrimination)
4) Specificities of domestic work make it desirable to
supplement general standards by standards specificto domestic workers
5) Growing demand and importance of DW (especiallycare work) for the world economy
Why (a) new standard(s)?
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Based on law and practice report and the replies of
constituents to a questionnaire, the Office has
prepared ³Proposed Conclusions´ with a view to a
possible Convention and a Recommendation
Proposed Conclusions to be discussed at the ILC in
June 2010
Based on the outcome of the 2010 discussion, draft
instrument(s) will be prepared, with a view to their
adoption at the ILC in 2011.
The process
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Replies to the questionnaire(includes replies received after the deadline, & therefore not included in the report)
GLOBAL Convention Recommendation
Convention
supplemented by
a
Recommendation
Convention
comprising
binding and
non binding
provision
Governments 7 33 41 11
Employers 0 14 2 0
Workers 9 6 114 6
Total 16 53 157 17
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EUR OP E Convention RecommendationConvention supplemented by a
Recommendation
Conventioncomprising
binding and
non binding
provision
Governments
Finland
France
Montenegro
TOTAL: 3
Bosnia Herzegovina *
Cyprus
Czech Republic
Greece
Lithuania
NetherlandsRomania
Switzerland **
UK *
TOTAL: 9
Albania
Austria
Belgium (CNT)
Bosnia Herzegovina *
Croatia
Denmark *Germany *
Italy
Latvia
Moldova
Norway
Portugal
Romania
SerbiaSweden
TOTAL: 15
Belgium (SPF)
Slovak Republic
Slovenia *
Spain
TOTAL: 4
Employers
Croatia
Finland (3)
Germany
Greece (2)
Norway
TOTAL: 8
Workers
Czech Republic
Ukraine
TOTAL: 2
Austria (2)
Cyprus
Denmark
Finland (3)
France (2)
Germany
Greece
Iceland
Ireland
Italy (4)
Latvia
Netherlands (2)
Norway
Poland
Portugal (2)
Romania (2)
Russian Federation
Spain (2)
Sweden
Switzerland
Turkey (2)
Ukraine
UKTOTAL: 35
Replies to the questionnaire
* replies received after the deadline: not included in the report** should there be a case for the adoption of an international instrument
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ASIA Convention RecommendationConvention supplemented by a
Recommendation
Conventioncomprising
binding and non
binding provision
Governments
Philippines
TOTAL: 1
ChinaIndia
IndonesiaJapan
Republic of KoreaMalaysia
Myanmar New Zealand **
Singapore *
TOTAL: 9
AustraliaNepal
Sri LankaThailand
Timor *
TOTAL: 5
Employers
EFP (Pakistan) is not infavour of an international
instrument.
IndonesiaRep. of Korea
New ZealandSri Lanka
TOTAL: 4
Workers
Philippines
TOTAL: 1
Philippines
TOTAL: 1
Australia
Bangladesh
Cambodia (3)India (2)
Indonesia (3)Japan
Rep. of Korea (2)Malaysia
Nepal (3)Pakistan
Philippines (3)Sri Lanka (3)
Thailand (4)
TOTAL: 28
Replies to the questionnaire
* replies received after the deadline: not included in the report
** should there be a case for the adoption of an international instrument
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AF R ICA Convention RecommendationConvention supplemented by
a Recommendation
Convention
comprising
binding and
non binding
provision
Governments
GuineaEgypt
Zimbabwe *
TOTAL: 3
MauritiusMorocco
Mozambique
Tunisia
TOTAL: 4
MauritaniaSouth Africa
TOTAL: 2
Employers
Workers
Niger
TOTAL: 1
Niger
TOTAL: 1
Algeria
Benin
Burkina Faso (2)Gabon (2)
GuineaKenya
Madagascar Malawi
Niger Rwanda
SenegalSouth Africa (2)
TanzaniaTogo
TunisiaZimbabwe
TOTAL: 19
Replies to the questionnaire
* replies received after the deadline: not included in the report
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LATIN AM ER ICA Convention RecommendationConvention supplemented by a
Recommendation
Convention
comprising binding
and non binding
provision
Governments
BoliviaColombia
Peru
TOTAL: 3
BahamasColombia *
GuatemalaMexico
Trinidad & Tobago *Venezuela
TOTAL: 6
Antigua &
Barbuda *
BrazilChile
Costa RicaEcuador
El Salvador Jamaica *
NicaraguaPanama
ParaguaySt Lucia
Suriname *Uruguay
TOTAL: 13
Argentina
Belize
Cuba *
TOTAL: 3
Employers
Brazil
Trinidad & Tobago *
TOTAL: 2
Workers
Argentina *
Bolivia (2)
ChileCosta Rica
El Salvador Nicaragua
TOTAL:7
Costa RicaNicaragua
TOTAL: 2
Argentina (2 )
Barbados
Brazil (3)Colombia (2)
Costa Rica (2)Dom. Rep. (3)
El Salvador (2)Guatemala
HondurasMexico (2)
PanamaParaguay
Peru (3)Trinidad & Tobago (2*)
Uruguay
TOTAL: 27
ColombiaCosta Rica
Ecuador Panama
Venezuela
TOTAL:5
Replies to the questionnaire
* replies received after the deadline: not included in the report
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AR AB
CO U NT R I E S Convention Recommendation
Convention
supplemented by a
Recommendation
Convention
comprising binding
and non binding
provisions
Governments
OmanQatar
Saudi ArabiaSyria
United Arab Emirates
TOTAL: 5
BahrainLebanon
Yemen
TOTAL: 3
Iraq *Jordan
TOTAL: 2
Employers
Jordan
TOTAL: 1
WorkersIsrael
TOTAL: 1Bahrain
TOTAL: 1
Replies to the questionnaire
* replies received after the deadline: not included in the report
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Points proposed with a view to a Convention
Generic definition of DW and built-in flexibility
Reaffirmation of the application of fundamental
principles and rights at work to DWs Measures to ensure fair terms of employment and
decent working conditions
Specific attention to needs of migrant DWs
Easy and affordable access to dispute settlementprocedures
Suitable arrangements to ensure compliance
The proposed conclusions
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Domestic work is defined as work performed within
an employment relationship in or for a household(s)
(includes housekeeping, personal care, gardening,
private security, chauffeur services, etc.)
Domestic worker is defined as any person engaged
in domestic work for remuneration (includes persons
recruited and placed by an employment agency)
Definition and scope
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Minimum age for admission to domestic work
Contract particulars to be communicated to the
worker in an appropriate and easily understandable
manner Effective protection against all forms of abuse and
harassment & protection of workers¶ right to privacy
Conditions not less favourable than those of other
wage earners in respect of
(i) occupational safety and health, and
(ii) social security, including maternity
Fair terms of employment
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Hours of work, overtime compensation, periods of
daily/weekly rest and paid annual leave not less
favourable than those of other wage earners
Minimum wage coverage Payment of wages at regular intervals, directly to the
domestic worker, payment of a limited proportion in
kind allowances exceptionally permitted under strict
conditions
Decent working conditions
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Freedom of movement - Domestic workers free
(i) to choose to negotiate whether to reside in the
household
(ii) to remain with the household during daily/weekly rest or annual leave
(iii) to keep in their possession their travel and
identity documents
Stand-by to be regarded as hours of work, andremunerated
Protection against abusive practices of employment
agencies
Other guarantees
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Points proposed with a view to a Recommendation
Elaboration of model contract for DW
Specific measures for DWs performing night duties
Fixed day of weekly rest considering cultural, religious andsocial needs of DWs
Prompt settlement of outstanding payments upontermination
Strict regulation of permissible allowances in kind
Minimum requirements on food and accommodation for live-in DWs
Concrete measures for protection of migrant DWs, e.g. system of household visits and network of emergencyhousing
International cooperation to enhance protection of DWs
Additional guidance
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Conclusion
The new ILO standard(s):
Attempts to bring the traditionally excluded group of
domestic workers within labour market formality
Strikes a careful balance between prescriptive standardsand flexibility in implementation
Reiterates applicability of FPRW to DWs
Requires no less favourable treatment in areas such as
working time, OSH, social security/maternity Seeks to address the needs of migrant DWs and the
challenge of collective organization of DWs
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Challenges ahead
Determining the scope
Promoting FoA ± Overcoming obstacles to
unionization of DWs and collective bargaining Ensuring compliance - Feasibility of inspection
visits which require access to private homes
Designing future ILO work on DW (promotional
strategy for new instruments, technical assistance,awareness-raising, etc.)
What¶s next