1. Introduction to ILO Convention No. 189
on decent work for domestic workers
Nelien Haspels, PROMOTE, ILO
T U Re g i o n a l Wo r ks h o p : DWO s & C D L
Yo g y a k a r t a , 1 5 - 1 7 D e c . 2 0 1 4
Issues for discussion
2
1. Facts and figures on domestic work
worldwide: Quiz
2. Convention No. 189
3. Key priorities
Quiz
3
Which region has the most domestic workers in the
world?
2. Of the more than 53 million adult domestic
workers, how many are women and how many are
men? (in % or totals)
1.
4
Invisible,
but
significant
workforce
Domestic workers across the
world, ILO 2013
Quiz
5
3. How many child domestic workers under 18 years
are there?
4. Of every 3 domestic workers, how many are boys
and how many are girls?
5. How many child domestic workers are between 511 years old? (in % or totals)
Large, growing labour force
6
• 53.6 million workers worldwide (2010): more
than 4 out of every 5 are women (83%)
• 17.2 million child domestic workers under 18:
• for every 3 children: 2 girls & 1 boy
• 65.1% of the total are below 14
• 7.4 million or 43% of the total are 5-11 years old
• 19 million increase between 1995 & 2010
• 3.6% of global wage employment & 7.5% of total
female wage employment
Quiz
7
6. Why are domestic workers vulnerable? (One point
per right answer)
Domestic workers worldwide
8
 Common features:
 Considerable demand and job creation potential:
 Job opportunities for domestic workers
 Employer household members can join the labour market
 Domestic Workers (DW) provide valuable and
indispensible household work and care services, but:
 Undervalued women’s job in informal economy
 Absence of labour and social protection, despite
pronounced vulnerabilities and discrimination
Why are domestic workers vulnerable?
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 Discrimination of domestic workers (DWs) based on sex,
race, ethnicity and social origin (rural migrants):
 Traditionally not seen as “real” workers as it concerns women working in
the homes of others
 Work in isolation “behind closed doors”
 Migrant workers: precarious recruitment processes & working conditions
 Pronounced power imbalance between domestic workers
and their employers
 DWs & employers not familiar with applicable laws
 Lack of collective organization & representation
Quiz
10
7. How many domestic workers (in %) are not
covered by any labour laws worldwide?
8. How many domestic workers (in %) are not
covered by any labour laws in Asia and the Pacific?
Coverage in national legislation - total
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Scope of national legislation – by region
12
Exclusion from legal protection
13
Global figures (2010):
 10% are covered by general labour laws to the same
extent as other workers

In Asia and Pacific : Only 3% covered
 30% excluded from any labour legislation

In Asia and the Pacific : 61% excluded
 45% have no right to one day off per week. In A/P: 97%
 Over 56%: no normal weekly hours limit. In A/P: 99%
 42% excluded from minimum wage coverage. In A/P:
88%
 More than one third excluded from maternity protection
Quiz
14
9. How many domestic workers (in %) have NO
limitation of normal working hours worldwide?
10. How many domestic workers (in %) have NO
limitation of normal working hours in Asia and the
Pacific?
15
Working
time:
Average
weekly
working
hours for
domestic
workers:
Among the
longest and least
predictable of
any group of
workers…
Weekly hours of work - total
16
Weekly hours of work- by region
17
Quiz
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11. How many domestic workers (in %) have no right
to one day-off per week worldwide?
12. How many domestic workers (in %) have no right
to one day-off per week in Asia and the Pacific?
Weekly rest - total
19
Weekly rest – by region
20
Quiz
21
13. How many domestic workers (in %) are excluded
from minimum wage protection worldwide?
14. How many domestic workers (in %) are excluded
from minimum wage protection in Asia and the
Pacific?
Wage practices
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 Domestic Work (DW) among the lowest paid work in any
labour market:
 Undervaluation and under-compensation –
 Related to perception of DW and caregiving as
‘unproductive’, women’s work outside the labour market:


BUT: washing clothes and preparing food is productive
work when performed at home no less than when done
in the laundry or the restaurant
Not yet recognized and measured in mainstream
economics
 Result: Many abusive wage practices: incomplete,
delayed or no payment
23
Average wages
of domestic
workers, in per
cent of average
wages for all
paid employees
reveal the often
significant
undervaluation of
domestic work,
compared with
the average
Minimum wage coverage - total
24
Minimum wage coverage – by region
25
Quiz
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15. What are the numbers of the Domestic Workers
Convention and the Domestic Workers
Recommendation?
16. How many countries have ratified the Domestic
Workers convention by the end of 2014?
End of quiz
New ILO standards on domestic work
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100th Session of the International Labour Conference
(June 2011) adopts:
 First international standards on domestic workers:
 Domestic Workers Convention, 2011 (C. 189):
 Sets minimum standards
 Binding on ratifying States
 Periodic reporting to ILO on implementation
 Domestic Workers Recommendation, 2011 (R. 201)
 Guidance for national laws and practice
 Not for ratification and non-binding
 By the end of 2014: 16 ratifications
Convention No. 189
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Global minimum standards to guide national action
that:
• Recognize the social and economic value of
domestic work
• Extend decent work to domestic workers
• Prevent discrimination and other human and
workers’ rights violations
• Promote equality for women and men in the world
of work
C189: Definitions
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 What is “domestic work”?
 “Work performed in or for a household or households…”
 Who is a “domestic worker”?
 “Any person engaged in domestic work within an employment
relationship…”
 Who is not a domestic worker?
 “A person who performs domestic work only occasionally or
sporadically and not on an occupational basis…”
C. 189, Art. 1
C189 & R201: Substantive provisions
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 Definitions
 Reaffirming rights of freedom of association and equality and NO







to discrimination, forced labour & child labour
Protection against abuse, harassment & violence
Fair terms of employment & decent working & living conditions
Information on terms & conditions, written contracts
Working time & remuneration
Social protection – social security & occupational safety and
health
Employment agencies
Compliance and enforcement
C189: Working time
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Towards equal treatment:
• Normal hours of work with daily and weekly
limits on hours worked, weekly & daily rest,
paid annual leave:
• Minimum 24 consecutive hours of weekly rest
• Overtime compensation
• Stand-by work: Flexible but need for
protection from ‘never-ending’ hours of work
C189: Remuneration
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 Minimum wage where it exists
 No gender discrimination – same for women & men
 Wage protection standards:
 Remuneration: direct & regular cash payment - set out in
writing: wage rates, pay intervals, method and place of
payment, and deductions agreed by both parties
 Limit in-kind allowances: not for job performance
 Limit and specify authorized “fair and reasonable” deductions
and prohibit unfair deductions – examples: for work
equipment, food, accommodation, disciplinary reasons,
recuperating fees paid to agency
Right to organize
 Domestic workers are usually isolated due to absence of co-
workers at the workplace … one key for improving their working
conditions is through:
 Freedom of association & the right to collective bargaining…
 Right of domestic workers and their employers to establish &
join organizations of their own choosing & right of domestic
workers organizations to join worker’s organizations,
federations and confederations
 Legislation to guarantee freedom of association for domestic
workers and their employers
 Collective bargaining and collective agreements: substantially
contribute to improving domestic workers’ employment
conditions
C.189, Art. 3 and 18
R.201, Para. 2
Abolition of child domestic labour
 Set and enforce a minimum age for domestic work
 Consistent with Conventions Nos. 138 & 182
 Not lower than for other workers
 Identify, prohibit and eliminate hazardous
domestic work by children (R.201)

As envisaged in Convention No. 182, and
Recommendations Nos. 190 and 201
C.189, Art.4
R.201, Para. 5
Elimination of abuse, harassment & violence
 The workplace = private home = increased risk &
vulnerability
 Put in place effective protection against all forms of
abuse, harassment and violence, including:




Physical
Physiological or moral
Sexual
Discriminatory (based on sex, gender, ethnicity, religion etc.)
C.189, Art. 5
R.201, Para. 7
Thank you
36
Sources: ILO Geneva, 2013:
1. Domestic workers across the world:
Global and regional statistics and the
extent of legal protection
2. Effective protection for domestic
workers: A guide to designing labour
laws
3. Ending child labour in domestic work
and protecting young workers from
abusive working conditions