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Decent WorkFor Domestic Workers:Towards International Labour Standards on the Subject

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Why an ILS on this subject now?

Old ILO concern work-family tensions with demand for paid care

work serious decent work deficits Most important occupation for millions of women

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What is Domestic Work? Work like any other, work like no other

not perceived as “real” work in the employer’s household does not generate profits for employer workplace and home often overlap De jure and de facto excluded from labour law

protection regulated by strong non-state norms

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Working conditions: Remuneration

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

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Working conditions: working time

About 50% of countries do not impose mandatory limit on normal hours of work

50% of countries permit longer hours than other workers

58 % of countries provide 1 to 2 days of rest per week; 40% do not specify rest time period

83% countries do not impose limit on night work

Only a few countries regulate working time and provide for overtime compensation

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Vulnerability and abuses: the special case of migrant domestic workers (MDWers)

Inequality of treatment with nationals especially social protection no automatic coverage under national healthcare schemes

Vulnerability to abuse: 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

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Possible draft International Labour Standards on DW

ILC 2010 number and type of draft instrument (s)

Possible scenarios: a Convention, or a Recommendation, or a Convention and a Recommendation, or a Convention with binding and non-binding parts

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Goals of possible new instrument(s)

Cover as many DWers as possible Clear and simple Ratifiable Provide sufficient guidance and incentives to

enable their meaningful implementation

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Steps towards the preparation and adoption of ILO draft international labour instrument(s) on domestic workers

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