ppp yellow report english

8/8/2019 PPP Yellow Report English

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Decent work for domesticworkers

Proposed Conclusions with a view

to possible international labour standards



2

1) Domestic work is undervalued, invisible, poorlyregulated

2) Mostly carried out by women, many of whommigrants

3) Domestic workers vulnerable to abuses of fundamental human rights (forced labour, childlabour and discrimination)

4) Specificities of domestic work make it desirable to

supplement general standards by standards specificto domestic workers

5) Growing demand and importance of DW (especiallycare work) for the world economy

Why (a) new standard(s)?



3

Based on law and practice report and the replies of

constituents to a questionnaire, the Office has

prepared ³Proposed Conclusions´ with a view to a

possible Convention and a Recommendation

Proposed Conclusions to be discussed at the ILC in

June 2010

Based on the outcome of the 2010 discussion, draft

instrument(s) will be prepared, with a view to their

adoption at the ILC in 2011.

The process



4

Replies to the questionnaire(includes replies received after the deadline, & therefore not included in the report)

GLOBAL Convention Recommendation

Convention

supplemented by

a

Recommendation

Convention

comprising

binding and

non binding

provision

Governments 7 33 41 11

Employers 0 14 2 0

Workers 9 6 114 6

Total 16 53 157 17



5

EUR OP E Convention RecommendationConvention supplemented by a

Recommendation

Conventioncomprising

binding and

non binding

provision

Governments

Finland

France

Montenegro

TOTAL: 3

Bosnia Herzegovina *

Cyprus

Czech Republic

Greece

Lithuania

NetherlandsRomania

Switzerland **

UK *

TOTAL: 9

Albania

Austria

Belgium (CNT)

Bosnia Herzegovina *

Croatia

Denmark *Germany *

Italy

Latvia

Moldova

Norway

Portugal

Romania

SerbiaSweden

TOTAL: 15

Belgium (SPF)

Slovak Republic

Slovenia *

Spain

TOTAL: 4

Employers

Croatia

Finland (3)

Germany

Greece (2)

Norway

TOTAL: 8

Workers

Czech Republic

Ukraine

TOTAL: 2

Austria (2)

Cyprus

Denmark

Finland (3)

France (2)

Germany

Greece

Iceland

Ireland

Italy (4)

Latvia

Netherlands (2)

Norway

Poland

Portugal (2)

Romania (2)

Russian Federation

Spain (2)

Sweden

Switzerland

Turkey (2)

Ukraine

UKTOTAL: 35

Replies to the questionnaire

* replies received after the deadline: not included in the report** should there be a case for the adoption of an international instrument



6

ASIA Convention RecommendationConvention supplemented by a

Recommendation

Conventioncomprising

binding and non

binding provision

Governments

Philippines

TOTAL: 1

ChinaIndia

IndonesiaJapan

Republic of KoreaMalaysia

Myanmar New Zealand **

Singapore *

TOTAL: 9

AustraliaNepal

Sri LankaThailand

Timor *

TOTAL: 5

Employers

EFP (Pakistan) is not infavour of an international

instrument.

IndonesiaRep. of Korea

New ZealandSri Lanka

TOTAL: 4

Workers

Philippines

TOTAL: 1

Philippines

TOTAL: 1

Australia

Bangladesh

Cambodia (3)India (2)

Indonesia (3)Japan

Rep. of Korea (2)Malaysia

Nepal (3)Pakistan

Philippines (3)Sri Lanka (3)

Thailand (4)

TOTAL: 28


* replies received after the deadline: not included in the report

** should there be a case for the adoption of an international instrument



7

AF R ICA Convention RecommendationConvention supplemented by

a Recommendation

Convention

comprising

binding and

non binding

provision

Governments

GuineaEgypt

Zimbabwe *

TOTAL: 3

MauritiusMorocco

Mozambique

Tunisia

TOTAL: 4

MauritaniaSouth Africa

TOTAL: 2

Employers

Workers

Niger

TOTAL: 1

Niger

TOTAL: 1

Algeria

Benin

Burkina Faso (2)Gabon (2)

GuineaKenya

Madagascar Malawi

Niger Rwanda

SenegalSouth Africa (2)

TanzaniaTogo

TunisiaZimbabwe

TOTAL: 19





8

LATIN AM ER ICA Convention RecommendationConvention supplemented by a

Recommendation

Convention

comprising binding

and non binding

provision

Governments

BoliviaColombia

Peru

TOTAL: 3

BahamasColombia *

GuatemalaMexico

Trinidad & Tobago *Venezuela

TOTAL: 6

Antigua &

Barbuda *

BrazilChile

Costa RicaEcuador

El Salvador Jamaica *

NicaraguaPanama

ParaguaySt Lucia

Suriname *Uruguay

TOTAL: 13

Argentina

Belize

Cuba *

TOTAL: 3

Employers

Brazil

Trinidad & Tobago *

TOTAL: 2

Workers

Argentina *

Bolivia (2)

ChileCosta Rica

El Salvador Nicaragua

TOTAL:7

Costa RicaNicaragua

TOTAL: 2

Argentina (2 )

Barbados

Brazil (3)Colombia (2)

Costa Rica (2)Dom. Rep. (3)

El Salvador (2)Guatemala

HondurasMexico (2)

PanamaParaguay

Peru (3)Trinidad & Tobago (2*)

Uruguay

TOTAL: 27

ColombiaCosta Rica

Ecuador Panama

Venezuela

TOTAL:5





9

AR AB

CO U NT R I E S Convention Recommendation

Convention

supplemented by a

Recommendation

Convention

comprising binding

and non binding

provisions

Governments

OmanQatar

Saudi ArabiaSyria

United Arab Emirates

TOTAL: 5

BahrainLebanon

Yemen

TOTAL: 3

Iraq *Jordan

TOTAL: 2

Employers

Jordan

TOTAL: 1

WorkersIsrael

TOTAL: 1Bahrain

TOTAL: 1





11

Points proposed with a view to a Convention

Generic definition of DW and built-in flexibility

Reaffirmation of the application of fundamental

principles and rights at work to DWs Measures to ensure fair terms of employment and

decent working conditions

Specific attention to needs of migrant DWs

Easy and affordable access to dispute settlementprocedures

Suitable arrangements to ensure compliance

The proposed conclusions



12

Domestic work is defined as work performed within

an employment relationship in or for a household(s)

(includes housekeeping, personal care, gardening,

private security, chauffeur services, etc.)

Domestic worker is defined as any person engaged

in domestic work for remuneration (includes persons

recruited and placed by an employment agency)

Definition and scope



13

Minimum age for admission to domestic work

Contract particulars to be communicated to the

worker in an appropriate and easily understandable

manner Effective protection against all forms of abuse and

harassment & protection of workers¶ right to privacy

Conditions not less favourable than those of other

wage earners in respect of

(i) occupational safety and health, and

(ii) social security, including maternity

Fair terms of employment



14

Hours of work, overtime compensation, periods of

daily/weekly rest and paid annual leave not less

favourable than those of other wage earners

Minimum wage coverage Payment of wages at regular intervals, directly to the

domestic worker, payment of a limited proportion in

kind allowances exceptionally permitted under strict

conditions

Decent working conditions



15

Freedom of movement - Domestic workers free

(i) to choose to negotiate whether to reside in the

household

(ii) to remain with the household during daily/weekly rest or annual leave

(iii) to keep in their possession their travel and

identity documents

Stand-by to be regarded as hours of work, andremunerated

Protection against abusive practices of employment

agencies

Other guarantees



16

Points proposed with a view to a Recommendation

Elaboration of model contract for DW

Specific measures for DWs performing night duties

Fixed day of weekly rest considering cultural, religious andsocial needs of DWs

Prompt settlement of outstanding payments upontermination

Strict regulation of permissible allowances in kind

Minimum requirements on food and accommodation for live-in DWs

Concrete measures for protection of migrant DWs, e.g. system of household visits and network of emergencyhousing

International cooperation to enhance protection of DWs

Additional guidance



17

Conclusion

The new ILO standard(s):

Attempts to bring the traditionally excluded group of

domestic workers within labour market formality

Strikes a careful balance between prescriptive standardsand flexibility in implementation

Reiterates applicability of FPRW to DWs

Requires no less favourable treatment in areas such as

working time, OSH, social security/maternity Seeks to address the needs of migrant DWs and the

challenge of collective organization of DWs



18

Challenges ahead

Determining the scope

Promoting FoA ± Overcoming obstacles to

unionization of DWs and collective bargaining Ensuring compliance - Feasibility of inspection

visits which require access to private homes

Designing future ILO work on DW (promotional

strategy for new instruments, technical assistance,awareness-raising, etc.)

What¶s next

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