Towards Achieving Decent Work for Domestic Workers in

Towards Achieving Decent Work for Domestic Workers in ASEAN Excerpts from the 10 th AFML thematic background paper TRIANGLE in ASEAN

1. Theme and subthemes of the 10 th ASEAN Forum on Migrant Labour (AFML)

Theme and subthemes of the 10 th ASEAN Forum on Migrant Labour (AFML) • Theme: “Towards Achieving Decent Work for Domestic Workers in ASEAN” • Sub-themes: 1. International and national standards for the protection of migrant domestic workers; and 2. Implementation of policies and support services. ØThe 10 th AFML will adopt Recommendations on policy and practical action to protect domestic workers’ rights!

Migrant Domestic Work is Not a New Issue for AFML Five AFML Recommendations are already about Decent Work in Migrant Domestic Work: Ratification of ILO Domestic Work Convention, 2011 (No. 189) and alignment of national legislation Standard employment contracts and grievance mechanisms extend to MDWs Labour inspection reaches hard-to-reach sectors including domestic work Government cooperation with employers’ organizations, trade unions, civil society organizations and other relevant entities in hard-to-reach sectors including domestic work MDWs fully access social protection benefits ØRec 5, 5 th AFML ØRec 2, 7 th AFML ØRec 5, 7 th AFML (+ Rec 8, 8 th AFML) ØRec 8, 8 th AFML ØRec 6, 9 th AFML

2. Migrant domestic workers in ASEAN

Migrant Domestic Workers in ASEAN • There about 9 million domestic workers in South-East Asia and the Pacific, 83 percent women. 2. 24 million of these are migrant domestic workers. • That is nearly 20% of all migrant workers in the region. • Major regions of destination: ASEAN, the Gulf, East Asia. Documented MDWs in main ASEAN destinations* *Not inclusive of undocumented migration (except Brunei estimate)

Increasing demand for domestic workers in ASEAN • Demand for domestic workers is rising due to an aging workforce, lower fertility, increase of women in work, and decline of multi-generational households. • Care (which includes domestic work) is labour intensive. Face-to-face contact and “emotional work” cannot be replaced with technology. • Singapore: 1 in 5 households hires a domestic worker. Of people over 75 years old, 50% are dependent on migrant care workers, including domestic workers, for daily care. • Not all people in need of care can afford it. ØIn developing ASEAN’s care economy, domestic workers along with robust State-sponsored care needed.

Lacking protection leads to migrant domestic workers’ vulnerability to abuse 1. Absence of labour and social protection, despite pronounced vulnerabilities and discrimination. 2. Work in isolation 3. High dependence on recruiters 4. Visas tied to employers 5. Little freedom to leave an exploitative workplace

Lacking protection leads to migrant domestic workers’ vulnerability to abuse (cont. ) 6. Domestic work is undervalued in origin and destination countries 7. Pronounced imbalance in employment relationship between domestic workers and employers 8. Lack of Information: Domestic workers and employers not familiar with applicable laws 9. Lack of collective organization and representation Ø Need for improved labour and social protection for domestic workers!

3. International standards for the protection of domestic workers

Rights under ILO’s Domestic Workers Convention, 2011 (C 189) • Equal treatment with workers generally in relation to normal hours of work; • Minimum wage; Overtime compensation; and Limits on payment in kind; • Periods of daily rest and at least 24 hours weekly rest; • Paid annual leave; • Clear information on the terms and conditions of employment; • Respect for the fundamental principles and rights at work, including freedom of association and the right to collective bargaining; • Social protection, including maternity protection, on par with workers generally. ØMigrant domestic workers should be entitled to: ØAll rights available to other migrant workers! ØAll rights available to other domestic workers!

4. Note on migration bans Findings from ILO study on migration bans in 4 ASEAN countries (2017): • Migration bans can make migrant domestic workers more vulnerable to abuse. • Women migrate anyway – irregularly, at greater cost, without a “legal trail” for accountability. • Unregulated recruiters, deception in recruitment, contract substitution, and forced contract extensions increase. • MDWs under restrictions do not have access to predeparture training, complaints mechanisms, or assistance.

5. Recommendations

Considerations for the 10 th AFML 1. Recognize that domestic work is work. 2. Ratify the Domestic Workers Convention, 2011 (No. 189) 3. Improve bilateral memoranda of understanding (MOUs) and establish social security agreements (SSAs). 4. Progressively extend national labour law coverage and social protection. 5. Establish effective and accessible complaints mechanisms.

Considerations for the 10 th AFML 6. Reduce domestic workers’ dependency on their employers. 7. Promote and enforce fair recruitment and employment practices. 8. Provide pre-employment orientation for domestic workers and their employers. 9. Develop competencies and qualifications of domestic workers. 10. Consider domestic work in the context of broader care economy.

THANK YOU TRIANGLE in ASEAN ILO Regional Office for Asia and the Pacific +662 288 1234 BANGKOK@ilo. org ILO. ORG iloasiapacific +622 288 3062 www. ilo. org/asia ILOTV @ILOAsia. Pacific