Natsu Nogami-ShimokawaTechnical Officer on International Labour Standards and

Fundamental Principles and Rights at Work

International Labour OfficeSubregional Office for East Asia (SRO Bangkok)

International Labour Standards on Domestic Workers:

A Road to Domestic Workers Convention and Recommendation

(2011)

Domestic workers

Domestic work allows the household and the economy outside the household to function

Oldest and most important occupation for many women around the world

“Invisible”, undervalued and poorly regulated

Work with serious decent work deficits

Domestic workers – an old ILO concern

1936 Resolutions of the International Labour Conference

1965 Resolution of the International Labour Conference "urgent need" to establish minimum living standards "compatible with the self-respect

and human dignity which are essential to social justice“

Urging member States to introduce "protective measures" and worker training, in accordance with international labour standards

Contemplating research action with particular attention to the "problems of women workers“

Office (ILO) commissioned a survey showing that domestic workers were "particularly devoid of legal and social protection“ and "singularly subject to exploitation“ their "legitimate interests and welfare [had] long been neglected in most countries"

ILO Governing Body March 2008

places an item on the agenda of the 2010 Conference on “promoting decent work for domestic workers”

it is a standard-setting item, i.e. with a view to developing ILO instruments (“possibly” a Convention supplemented by a Recommendation) to provide appropriate guidance to constituents on policy and practice

ILO GB 2008 considerations at 100+ million, one of the largest yet unprotected segments of the

labour force

most domestic workers are women in Asia, DW is the single most important source of income for women

with low levels of education in Asia, labour migration is feminizing: 60-75% of migrants are

women, the vast majority of them domestic workers Burmese in Thailand, Filipina’s in HK or Brunei, Indonesians in

Singapore, Khmer in Malaysia remittances are important for home economies

their work is valuable enabling others to work outside the home, i.e. a factor in improving

the labour market access of other women tax and social insurance base ~ great majority of DW are unregistered

tax incentives to employers can reduce no. of unregistered and improve formal contracts

ILO GB 2008 considerations (Cont’d)

standards are needed because of particular vulnerability to abuses of basic human rights, including fundamental principles and rights at work

sexual harassment, physical assaults and other forms of violence

restrictions of the right to organize, either because of exclusion from labour law (e.g. Cambodia) or because of restrictions on migrant workers (e.g. Thailand)

ILO GB 2008 considerations (Cont’d)

forced labour and trafficking e.g. treatment of departing migrant women in Indonesian recruitment

centres; e.g. Indonesia/Malaysia: paid job offered in a restaurant before

departure, upon arrival forced to work 18/20 hours per day, locked the workplace from the outside, prevented from making phone calls, all without any wages

discrimination e.g. Hong Kong SAR/Malaysia ~ different wage rates for Filipina, Thai

or Indonesian DW child domestic work (coverage by C. 182 ?)

ILO GB 2008 considerations (Cont’d)

Inadequate attention in international law: quite a number of ILO Conventions permit the exclusion of DWs

Domestic Workers and Labour Law

Domestic Workers Convention – Possible elements

general principles, including the general application to domestic workers of decent work and

international labour standards the respect of their basic human rights their inclusion in protection provided to workers under national

labour legislation provisions for a system of inspection to ensure compliance with the

laws and regulations applicable to them

call on ratifying States to adopt, implement and periodically review a national policy on domestic work aimed at improving the situation of this category of workers

Domestic Workers Convention – Possible elements

encourage consultations with representative organizations of employers and workers in this field (including with organizations directly concerned with domestic workers)

address issues related to special characteristics and conditions of this category of workers work – and often accommodation – in private houses multiple employers unregulated hours of work wages workload and rest periods social security coverage physical and sexual abuse abuses by recruitment agencies contractual conditions denial of the right to organize in trade unions

Domestic Workers Recommendation – Possible elements

policy on equality of treatment between domestic workers and other wage earners

general provisions concerning freedom of association minimum wage protection of remuneration maternity protection working time and periods of rest and leave protection in the field of safety and health access to social security inclusion in labour statistics

Convention & Recommendation Adoption Process (1)

March 2008 ~ Governing Body decision

December 2008 ~ law & practice report + questionnaire will be circulated to Goverments with political or legal (C. 144) obligation to consult most

representative organizations of employers and workers

July 2009 ~ replies are awaited

February 2010 ~ Conference report (analysis of replies & principal questions) goes out to Goverments

June 2010 ~ first Conference discussion

C & R Adoption Process (2)

August 2010 ~ Office drafts C & R, circulated to Govt’s with political or legal (C. 144) obligation to consult most

representative org’s of employers and workers

November 2010 ~ replies are awaited

March 2011 ~ Conference report (analysis of replies & adjusted draft C & R) goes out to Govt’s

June 2011 ~ second Conference discussion + adoption

Preparation for the 2010 ILC discussions in GMS countries

Working with Governments, Worker and Employer Organizations

Cambodia National consultation on Decent work for domestic workers

China Fact Sheet on Domestic Workers in China - [pdf 46 KB] Situational analysis of domestic work in China - [pdf 189 KB] China: specialist recommendation report on the questionnaire on Decent Work for Domestic Workers - [pdf 365 KB]

Lao PDR Consultation with Worker Organizations in Lao People’s Democratic Republic National Consultation on Decent Work for Domestic Workers in Lao People’s Democratic Republic (Press release)

Indonesia National Stakeholder Hearing on the plight of Indonesian domestic workers: meeting to discuss ILO's new report on

abolishing forced labour and potential of an international standard on domestic workers Abolishing Forced Labour in Indonesia through the Establishment of International standards for Domestic Workers

Thailand National Consultation on Decent Work for Domestic Workers in Thailand (Press release) / (Opening remarks by

Royal Thai Government - [pdf 18 KB]) Consultation with Worker Organizations and civil society groups in Thailand

For further information on the ILO work on domestic workers in Asia-Pacific (not only standards-setting but also technical cooperation and other activities including partnerships with civil society), please visit our website: http://www.ilo.org/asia/whatwedo/projects/lang--en/WCMS_114205/index.htm