SNAPSHOT ILO IN ACTION DOMESTIC WORKERS

A growing number of countries are taking measures to improve the living and working conditions of domestic workers. But the momentum needs to be stepped up to ensure that domestic workers worldwide enjoy labour rights, just like other workers. © M.Crozet/ILO © M.Crozet/ILO • • • • • Facts andfiguresondomesticworkers: or nationalsofthecountrytheyworkin migrants be may They homes. own their in others employees. Some live in their employers’ residence, part-time or full- include workers family.Domestic the for driving and house the guarding gardening, pets, as well as family, a of members sick or elderly children, of care taking , and washing cooking, cleaning, include may work The or .” household a for or is in performed “work as work defined Domestic relationship.” employment an within work domestic in engaged person “any as workers domestic defines Convention No.189 WHO AREDOMESTICWORKERS? oe hn tid f oe dmsi workers have nomaternity protection domestic women of third a than More periods/paid annualleave rest weekly to entitlement no have cent per 45 legislation labour national from excluded are cent per 29.9 83 percentarewomen 52.6 millionworldwide are among the human rights abuses affecting are amongthehumanrightsabusesaffecting Physical violence, childlabourandforced of disadvantagedcommunities. women, many of them migrants and members than 80 per cent of workers in the sector are than 25percentarecompletelyexcluded.More to the same extent as other workers, while more per centofthemarecoveredbylabourlegislation vulnerable categoriesofworkers.Onlyaboutten as realworkers,andconstituteoneofthemost Yet, domesticworkersveryoftenlackrecognition own jobs. markets byenablingotherstocarryouttheir contributes tonationaleconomiesandlabour meals andwatchovertheirchildren.Theirwork the worldcleanotherpeople’s homes,cooktheir Every daytensofmillionspeoplethroughout Overview . employers’ rightsandduties countries andraisingawarenessofworkers’ and experiencesamongconstituentsofdifferent reforms, facilitating the sharing of knowledge can contribute its expertise, helping formulate Achieving thisisnotaneasytask.ButtheILO the professionisurgentlyneeded. their own.Aprofoundchangeinattitudetowards policy andlegislativereformsarenotsufficienton towards reducinginequalitiesanddiscrimination, legislation. While such reforms go a long way number ofcountriesarereformingpoliciesand with rightslikeanyotherworker. Agrowing for therecognitionofdomesticworkersas Recommendation 201havecreatedmomentum Convention 189andtheaccompanying the Convention. workers. To date,sevencountrieshaveratified down minimumlabourprotectionsfordomestic No. 189,thefirstinternationalstandardslaying adopted theDomesticWorkers’ Convention In 2011,theInternationalLabourConference freedom anddignity. able torealisetheirhumanrightsandlivein being met,millionsofwomenandgirlsarenot without basic needs and material provisions domestic workersandtheirfamilies.Indeed, and haveparticularlyseriousconsequencesfor food. Suchabusiveconditionsarewidespread excessive deductionsforaccommodationand without restandunfairpaypracticessuchas abuses alsoincludelonghoursofarduouswork women andgirlsindomesticwork.However, labour rights. class workers,butemployees entitledtofull are not“membersofthe family”orsecond to finallyacknowledgethatdomesticworkers domestic workersbringtosociety. Itistime the trueeconomicandsocialcontribution It ishightimethattheworldrecognized Chief, Conditions ofWork and EmploymentBranch(TRAVAIL) Philippe Marcadent © M.Crozet/ILO .

© M.Crozet/ILO ESTIMATED NUMBER OF DOMESTIC WORKERS AND % EXCLUDED FROM LABOUR LEGISLATION © M.Crozet/ILO

45% 5% 5% 99% 61% 1%

0% 5%

Number of domestic workers 595,000 - Eastern Europe and CIS* 2,107,000 - 3,555,000 - Developed countries What has changed in labour legislation 5,236,000 - Africa 19,593,000 - Latin America and the Caribbean since the adoption of the Domestic 21,467,000 - Asia and the Paci c Workers’ Convention 189? *Commonwealth of Independent States • Argentina: A new law defined domestic workers’ labour rights, including overtime pay, sick leave and maternity leave. Convention 189 and Recommendation 201 • Bahrain: The new labour code has several provisions on domestic work. Adopted by the International Labour Conference • : A constitutional amendment gives domestic (ILC) in June 2011, the Convention sets standards workers the same rights as other workers. for the working conditions of domestic workers. It states that they must have the same basic labour • : A Bill on sexual harassment at the work rights as other workers, including: place covers domestic workers. • Namibia: A wage commission has been created • Reasonable working hours to set minimum wages for domestic workers. • Weekly rest of at least 24 consecutive hours • : A new law on domestic work covers • A limit on in-kind payment minimum wages, social security, and health • Clear information on terms and conditions of insurance coverage, among other topics. employment • : A new law provides domestic workers • Respect for fundamental principles and rights at with a weekly day of rest. work, including freedom of association and the • Spain: A new royal decree replacing previous right to collective bargaining. legislation on domestic work regulates minimum wages, working hours and severance pay. The Convention, which comes into force in • Several labour law provisions were September 2013, is binding for countries that Thailand: extended to domestic workers, including a weekly ratify it. As of June 2013, , the Philippines, day of rest, annual leave and sick leave. Mauritius, Nicaragua, Italy, Bolivia and Paraguay have ratified the Convention, and more countries • Venezuela: A Labour Act gives domestic workers have initiated the ratification process. the same rights as other workers. • The new Labour Code regulates Recommendation 201, which provides detailed Vietnam: domestic work. guidance on how to apply the Convention, was also adopted by an overwhelming majority of delegates Similar legislation or reforms are being drafted or at the ILC in 2011. awaiting approval in other countries. © A. Valencia/ILO the Convention. of ratification and implementation towards efforts support and 2011, 201), (No. Recommendation and 189) (No. Convention Workers Domestic the policies. The forums also deepen understanding of of development the for basis sound a provides and forums these issues important tackle constituents national helps at acquired knowledge The work. domestic of dimension specific a on focusing each City, Lisbon, Kuala Lumpur, Cairo, Bangkok in and Dar es Salaam, – 2012-2013 in regional forums six conducted ILO The representatives. that (KSFs) bring together forums government, workers’ and sharing employers’ knowledge for regional organizes ILO work the why decent is That promote workers. domestic country way a long helping a go in can arise may challenges which understanding and stories success from Learning on DomesticWork Knowledge SharinForums Protecting domesticworkers’rihts protection andlackofsocialsecuritycoverage Challenges rangefrommajorgapsinlegal supporting initiativessuchastheZFE’s. the needtobeinnovativein The ILOisfullyawareof unconventional measures. workers sometimesrequires conditions ofdomestic improving therightsand category ofworkers, of thislongneglected Because oftheparticularities for employersofdomesticworkers. practices andhascomeupwithaCodeofConduct promoting goodrecruitmentandemployment Zambia FederationofEmployers(ZFE)isactively to helpprotectdomesticworkers’rights.The In Zambia,employershavetakenituponthemselves ILO Inaction that thedomesticworkerswillknowtheir “The trainingsessionsweareconducting with ‘’centers’areimportantso rights andtheconditionsunderwhich Harrington Chibanda,executivedirector, they shouldbeemployed” Zambia FederationofEmployers worldwide. and otherissuesthataffectdomesticworkers domestic workers’organizationstotacklethese governments, employers,tradeunionsand The ILOisworkinghand-in-handwith and workers. awareness ofexistinglawsamongbothemployers to biasesabout domestic workandlimited of domesticworkersandthescopeforchange. understanding of current legislation, the situation Implementing reformsrequiresathorough conditions. migrants, childrenorthoseinforcedlabour specific categoryofdomesticworkerssuchas insurance andpensions.Itcanalsotargeta such asminimumwage,workingtime,health conditions, or individual policies on issues framework foremploymentandworking The assistancecanaddresstheentirelegal to countdomesticworkers andassesstheir has developed an innovative household survey Because reliabledatais often lacking,theILO workers arenotcoveredby labourlaws. change inAsia,where61 percentofdomestic force inJanuary2013,settinganewyardstickfor well asimpetusforitspassage.Thelawwentinto in thedraftingofDomesticWorkers’ Bill,as workers. Convention189providedguidance between thegovernment,employersand the country, whilealsohelping stepupdialogue ILO supplieddetailedanalysisofthesituationin strong support, as it did in That is one of the areas where the ILO can give for change. the country’s opportunities by theconstituentsaswell issues andneedsidentified depends onthespecific The natureoftheassistance countries inthisrespect. technical assistanceto21 The ILOhasalreadyprovided the Philippines. The working and living conditions. It is currently group, the Liga de Amas de Casa (League of being tested in Tanzania and Zambia. ), agreed to play that role despite its complete lack of experience In India, where it has “The first challenge for us is to raise in labour relations. The assisted the Labour Ministry awareness among domestic workers ILO assisted the League in in drafting policy on domestic about their rights. Their work environ- creating its communications workers, the ILO conducted strategy, and promoted research on ment is so much scattered it has been cooperation between the setting practices in six states difficult to reach them.” League and the government and on health insurance Deograsia Vuluwa, focal person for domestic workers, CHODAWU (Conservation, Hotels, Domestic on labour inspection and access in another two, and Allied Workers’ Union), Tanzania social security coverage. to help determine where A pioneer in recognizing improvements are needed. domestic workers’ rights, the South American The ILO has supported awareness-raising country is among the few to have a legally campaigns in a number of countries. In mandated collective bargaining mechanism for Bolivia, it helped organize Sunday fairs that this group of workers, and was the first to ratify provided information on Convention 189. the rights and duties of “People somehow think that because domestic workers and their domestic workers work in private homes, ILO assistance may be employers. The events also they’re not part of public policy. We need directed towards helping a increased recognition of a mind change, that’s the first step.” country meet conditions for the National Federation Guy Ryder, ILO Director-General the ratification of Convention of Domestic Workers of 189. But support is not Bolivia (FENATRAHOB), an affiliate of Central limited to countries that have ratified or are Obrera Boliviana (COB), and facilitated dialogue preparing to ratify the international set of between the domestic workers’ union and the standards adopted in 2011. Labour Ministry. The ultimate objective is real change on the Boosting both workers’ and employers’ ground that will make decent work and labour organizations – whose support for reforms is critical rights a reality for tens of millions of people – is an important part of the ILO’s assistance. around the world. In , the ILO collaborated with the Hong Kong Confederation of Trade Unions ILO strategy: making decent work a (HKCTU) in developing the internal cohesion reality for domestic workers and organizational capacities of the Federation of Asian Domestic Workers Unions (FADWU), The ILO is committed to the improvement of working now an affiliate of HKCTU. This was a major conditions for domestic workers. To achieve this, it challenge, partly because of the language is conducting actions at global and national levels differences among union members who come in several key areas: from , Nepal, the Philippines, and Thailand, in addition to local Chinese. • Strengthening national institutions, including support for legal reforms. The ILO collaborates with the International Trade • Helping strengthen domestic workers’ and Union Confederation (ITUC) and other national employers’ organizations. trade unions, such as Trade Union Congress of • Supporting ratification and implementation of Tanzania (TUCTA), Indian National Trade Union Convention 189. Congress (INTUC) and Federation of Free Workers (FFW) in the Philippines, in organizing • Raising awareness of domestic workers’ rights. domestic workers. • Building the knowledge base on domestic work. When Uruguay decided to include domestic For more information on the ILO action, visit our workers in the collective bargaining process, page on domestic work: it faced one problem: who would represent http://www.ilo.org/domesticworkers the employers? Eventually, a consumer rights © M.Ghizelli/ILO risk ofaccidentsattheworkplace. This mayresultinfatigue, stress,andincreased affect theirphysicaland psychologicalhealth. workers’ work-familybalance andnegatively with sleepinterruption,threatendomestic Such long working hours, sometimes combined Human Rights). pay (article24oftheUniversalDeclaration of workinghoursandperiodicholidayswith and leisure,includingreasonablelimitation This constitutesaviolationoftherighttorest non-working hours. distinction is made between working hours and and night but receive no overtime pay. Often, no expected tobeavailable at alltimes of theday particular forlive-indomesticworkerswhoare In reality, workinghoursmaybeevenlonger, in survey), wellabovethe48-hourthreshold. work anaverageof66hoursaweek(2008 In Malaysia, for example, domestic employees domestic workers. national legislationoftendoesnotextendto virtually allcountrieslimitworkingtime,but are excluded.Furthermore, cent ofdomesticworkers legislation, butover40per form ofminimumwage Most countrieshavesome comparable occupations. to be lower than those of other workers in cent ofaveragewages,andtheirsalariestend Domestic workerstypicallyearnabout40per hours withnoresttimeandinsufficientpay. around the world in the form of excessive working of extremeabuses.Theyoccureverydayand workers gofarbeyondtheshockingheadlines Violations ofthehumanrightsdomestic domestic workers’rights Long hoursandlowpa wages andworkintime 12 hoursaday. In14years,Ineverhad “They didn’tpaymeonSundays,which Felicidad Yugar, domesticworkerinBolivia was extrawork,andIalwaysworked y violate holidays.” pension schemes. barrier toworkers’accesspaidleaveand implies hoursofunpaidwork,andmaybea Unrecorded orundefinedworkingtimealso number havenoentitlementtoannualleave. weekly dayoffundernationallegislation.Asimilar workers –over23millionwerenotentitledtoa As of2010,almost45percentdomestic wage policyconcerningdomesticworkers. assessment and/orformulationofminimum of makers. The ILO is assistingthe governments workers isexpandingamongnationalpolicy But interestinminimumwagesfordomestic fall shortofthemark. others -mainlyintheMiddleEastandAsiastill labour legislationtodomesticworkers,many While somecountrieshaveextendedgeneral it makes a significant contribution to labour how undervaluedtheirworkis.Eventhough The situationofdomesticworkersreflectsjust entitled to: 189 stipulatesthatdomesticworkersare On wagesandworkinghours,Convention „ „ „ „ „ „ Namibia, thePhilippinesandIndiain „ „ „ „ „ „ exists forotherworkers. Minimum wages,wheresuchcoverage Be paiddirectly, atregularintervals. A limitonin-kindpayment. Reasonable workinghours. hours. Weekly restofatleast24consecutive of rest. Leave the employers’ home during periods discrimination. gender inequalitiesand work” -reinforcing unproductive “women’s is oftendismissedas markets, domesticwork

© M.Crozet/ILO © M.Crozet/ILO Available athttp://www.ilo.org/travail/info/WCMS_155773 • • • • • • Policy Briefs http://www.ilo.org/travail/areasofwork/domestic-workers Available at: • • Books Publications ondomesticworkers rtcin n wr-aiy esrs o domestic Maternity for workers too»: measures work-family family and my protection of needs the «Meeting laws Coverage of domestic workers by key working conditions Global andregionalestimatesondomesticworkers work domestic of value social and economic the Measuring Working hoursindomesticwork Remuneration indomesticwork designing labourlaws to guide A Workers: Domestic for Protection and Effective Global World: the regional statisticsandtheextentoflegalprotection Across Workers Domestic MIGRANT DOMESTICWORKERS prey to unscrupulous employers or recruiters. prey tounscrupulousemployersorrecruiters. in weakbargainingpositions,manycasesfalling with languagebarriers,theyoftenfindthemselves of theirsocialsupportsystems,andconfronted private home,intheabsence when abroad,isolatedinthe their homecommunities;but entrepreneurial persons in the mostresourcefuland women areoftenamong and theirfamilies.These economic opportunitiesabroadforthemselves the vastmajorityofdomesticworkers.Theyseek In manycountries,womenmigrantsconstitute F AR FROM HOME WITH LITTLE PROTECTION “When Iarrived,wasundocumented. pay mysocialcontributions…Iworked worked from9a.m.to7p.m.,theydidn’t C., migrantdomesticworkerinItaly also whenIwassick.” enjoy thesamelabourrights asotherworkers. workers areas any otherandshould deprive themoftheirrights. Migrantdomestic background ofworkerscannot beareasonto The nationalityandtheethniceconomic informed policiesonmigration. help policy-makersdesigncoherentandwell- some oftheinternationalmigrationcorridorsto and situationofmigrantdomesticworkersin latter willprovidereliabledataonthenumbers Programme onMigrantDomesticWorkers. The Domestic Workers inEuropeandGlobalAction of theprojectsPromotingIntegrationforMigrant migrant domesticworkers.Thisistheobjective reforms, isenhancingtheknowledgebaseon Equally importantinsupportingpolicyandlaw migrant workersindestinationcountries. economic participationandtheintegrationof human rights and labourstandards, social and labour marketneedswhilepromotingrespectof stakeholders. Thisdialogueaimstorespond and implementedwiththeinvolvementofall discriminatory migrationpoliciesaredeveloped employers andgovernmentstoensurethatnon- facilitating socialdialoguebetweenworkers, The ILOhasbeenapplyingitsexpertisein the discretionofheremployer. behind herindependenceandplacingfateat under theresponsibilityofasponsor, thusleaving whereby the domestic workerentersthe country policies thatonlyfocusoninteriororsecurity abuses andexploitativepractices.Migration nonetheless experiencenumerousformsof host countries’societiesandeconomies,they Although theycontributepositivelytotheir apply a ‘sponsorship’ system apply a‘sponsorship’system Some countries,forexample, at theheartofproblem. with employmentpoliciesare and arepoorlyarticulated human andlabourrights, concerns, arenotbasedon

© M.Crozet/ILO © M.Crozet/ILO and ha relatives inruralareasor theircountryoforigin. many domesticworkersleave theirchildrenwith With noaccesstoqualityandaffordablechildcare, and theirchildren. consequences forpregnantorbreastfeedingwomen hours and night work can have serious health products, carryingheavyloads,longworking Lack ofadequatefoodandrest,exposuretotoxic take careofthebaby. working torecoverfromchildbirth,breastfeedand to suchbenefits.Asaresult,theyareunablestop practice, anoverwhelmingmajorityhavenoaccess not legallyentitledtomaternitycashbenefits,andin main issue:40percentofdomesticworkersare to maternity leave.Incomeinsecurityisanother Globally, 36percentareexcludedfromtheright job terminationwithnoaccesstomaternityleave. For manydomesticworkers,apregnancymeans pregnancy whileemployed? workers with young children or who experience What arethemainissuesfacingdomestic income whentheyneeditmost. pregnant maybeforcedtoquittheirjobs,losing protection, domesticworkerswhobecome of themarechildbearingage.Withoutlegal have familiestoo-themajorityarewomen,half their employerscanwork.Butdomesticworkers care foryoungchildrenortheelderlysothat We oftenthinkofdomestic workersasproviding protection? Why dodomesticworkersneedmaternity protection andwork-familyspecialist. A Q&AwithLauraAddati,ILOmaternity Domestic to Maternity protection Production team: AmelitaKingDejardin,Maria AliceStock(editors);Leena Ksaifi,PatrickMoser (text), choose ving ajob Produced byTRAVAIL. Available inelectronicformat:www.ilo.org/domesticworkers workers between should not being Léonie Cocquio (layout) andCoralie Thompson. For moreinformation: [email protected] a parent ha ve from enjoying their right tomaternity protection? What arethebarrierskeepingdomesticworkers Domestic workisgenerallynotregardedas http://www.ilo.org/travail/info/WCMS_155773 To learnmore: of workers,employersandcarerecipients. Guaranteeing themdecentworkisintheinterest to thefunctioning of societiesand economies. Domestic workershavebecomeindispensable that includematernitycashbenefits. of domesticworkerstosocialinsuranceschemes countries aretakingstepstoimproveaffiliation discovered untilfivemonthsafterdelivery. Some without justcausefromthetimeapregnancyis the lawprohibitsdismissalofadomesticworker maternal health care, funded by taxes. In Brazil, Thailand, forexample,providesuniversal providing fortheirfamilies. not havetochoosebetweenbeingaparentand social insuranceorpublicfunds.Workers should Maternity benefitsshouldbefinancedthrough breastfeeding arrangementsattheworkplace. non-discrimination, health protection and medical benefits,employmentprotectionand be legallyentitledtomaternityleave,cashand decent workfordomesticworkers.Theyshould are criticalingredientsofpoliciesthatadvance Maternity protectionandwork-familymeasures workers beimplementedinaneffectiveway? How canmaternityprotectionfordomestic for veryyoungandmigrantworkers. them to claim their rights. This is particularly true a weakbargainingpositionandmakeitdifficultfor their closeproximitytoemployersputthemin Domestic workers’isolationfrom other workersand in maternityprotectionfordomesticworkers. many countries,thereareconsiderablelegalgaps domestic workersareoftennotacknowledged.In work ” and the parenting needs and rights of andtheparentingneedsrightsof “ real real