Decent Work For Domestic Workers Towards International Labour

Decent Work For Domestic Workers: Towards International Labour Standards on the Subject 1

Why an ILS on this subject now? l Old ILO concern l work-family tensions with demand for paid care work l serious decent work deficits l Most important occupation for millions of women 2

What is Domestic Work? Work like any other, work like no other l not perceived as “real” work l in the employer’s household l does not generate profits for employer l workplace and home often overlap l De jure and de facto excluded from labour law protection l regulated by strong non-state norms 3

Working conditions: Remuneration l undervalued work l high proportion of in-kind payment l often no minimum wage coverage l underpayment or late payment of wages l salary deductions l households’ earnings determine earnings of DW 4

Working conditions: working time l About 50% of countries do not impose mandatory limit on normal hours of work l 50% of countries permit longer hours than other workers l 58 % of countries provide 1 to 2 days of rest per week; 40% do not specify rest time period l 83% countries do not impose limit on night work l Only a few countries regulate working time and provide for overtime compensation 5

Vulnerability and abuses: the special case of migrant domestic workers (MDWers) l Inequality of treatment with nationals l l l especially social protection no automatic coverage under national healthcare schemes Vulnerability to abuse: l l l unaccredited employment agencies dependency on one employer; the loss of employment entails loss of work permit requirement in some countries to live-in with-holding of passport by employer pregnancy or HIV status often result in worker’s dismissal 6

Possible draft International Labour Standards on DW l ILC 2010 l l number and type of draft instrument (s) Possible scenarios: l l a Convention, or a Recommendation, or a Convention and a Recommendation, or a Convention with binding and non-binding parts 7

Goals of possible new instrument(s) l l Cover as many DWers as possible Clear and simple Ratifiable Provide sufficient guidance and incentives to enable their meaningful implementation 8

Steps towards the preparation and adoption of ILO draft international labour instrument(s) on domestic workers l l l l March 2009: The Office sends a law and practice report along with a questionnaire to ILO Member States. Governments are requested to consult with the most representative workers’ organizations and employers' associations August 2009: Deadline for submission of replies to the Office. February 2010: The Office sends to ILO Member States a second report examining the replies received to the questionnaire in 2009 June 2010: First discussion at the International Labour Conference (ILC) of the ILO. A decision is taken on the form of the draft ILO instrument(s)- whether a Convention or a Recommendation or both or a Convention with binding and non-binding parts. August 2010: The Office sends a third report containing (a) draft instrument(s) to Member States End November 2010: Deadline for submission to the Office of comments on the third report by Member States March 2011: The Office sends two reports to member States: one examining the replies received on the third report, and the other containing the text of the draft instrument(s) revised in the light of comments received June 2011: Second discussion at the ILC. A Convention or any other agreed instrument will be discussed and adopted or rejected by the ILC 9