I Le co,.
-ivent'o n
-flbofitt~n ~ to'1ced l,[Link].J1, 1q57 CNo , toS'~ ~"'
m,'ni.-[Link] -+Jqe /973 ( No . 138 ) fill9tj
l()OHSt
u I •
Po-'tms Of c;11ed /abolU-t 1 1qq9
'-~-"
~
0 ( No ·/8~ttnational
oece11t WOJ.<kdo,-C , 'la6our
L..n, ~ '"' Office
do es-tic waHll(l:7(91 ()(.'O 11
( /JO I §zf1e;a
i -t, - 4
u~
Convention No. 189
Decent work for domestic workers
Domestic work is work. Domestic workers are, like other workers,
entitled to decent work.
On 16 June 2011, the International Labour Conference of the International Labour
Organization adopted the Convention concerning decent work for domestic workers,
which is also referred to as the Domestic Workers Convention, 2011 (No. 189) .
What is Convention No. 189 ?
What is a Convention of the ILO? Recommendation No. 201 - how is it
related to the Convention?
A treaty adopted by the International
0 Labour Conference, which is made up Domestic Workers Recommendation
z of government, worker and employer
delegates from the 183 member States
of the ILO.
No. 201, also adopted by the
International Labour Conference
of · 2011, supplements Convention
No. 189. Unlike the Convention,
C What is Convention No. 189 about? Recommendation No. 201 is not open
for ratification. The Recommendation
0 Convention No. 189 offers specific
·-+-C
provides practical guidance
protection to domestic workers. It concerning possible legal and other
lays down basic rights and principles, measures to implement the rights and
and requires States to fake a series of principles stated in the Convention.
measures with a view to making decent
work a reality for domestic workers. How is the Convention to be
(I) implemented?
>
What does it mean to ratify
a Convention?
The Convention may be implemented
by extending or adapting existing laws
C When a country ratifies a Convention,
its government formally makes a
and regulations or other measures
or by developing new and specifi~
0 commitment to implement all the measures for domestic workers
u obligations provided in the Convention,
and to report periodically to the ILO on
the measures taken in this regard.
Some of the measures required
under t~e Convention may be taken
progressively.
Convention No. 189
Who is covered by Convention No. 189 ?
f l ' ~hal is domestic work? In implement ing the Convention, will
Conventio n No. 189 defines domestic workers and employers be consulted?
t\)1.-l.·, work as "work performed in or for a The provisions of the Conventio n are to
- - ho~sehold or household s". be implement ed in consultation with
the most representative workers' and
This work may include tasks such as employers' organizations (Article 18).
cleaning the house, cooking, washing
and ironjng clothes, 7akmg care of In addition, the Convention requires
cbildrerl, or elderly or sick members of a Governments to consult with the
family, gardening , guarding the house, mosT represent af1ve organizations of
driving for the family, even taking care employers and workers and, where
of household pets. they exist, with organizations that
represent domestic workers and
Who is a domestic worker? organizations that represent employers
of domestic workers on four particular
Under the Conventio n, a domestic matters: ~dentify ing categories
worker is "any person engaged in of workers who would be excluded
domestic work within an employme nt from the scope of the Conven tio~
relationship . measures on occupation al safety and
health;-filiJmeasures on social security;
A domestic worker may work on and _ij)tyfneasures to protect workers
full-time or part-time basis; may be from abusive practices by private
employed by a single househol? _or ~Y employme nt agencies (Articles 2. 13 &
multiple employers; may be res1d1~g ~n l S).
the household of the employer (hve-1n --
.. · h' h<mn JS
w~rker} or n:ay b e Iiving in is 0 : er _y._yihat can domestic workers do to
residence (live-out)• A domest ic wor~er ¥>-1/enjoy the protections offered by
may be working t·1n a country of which 5 C t· N ?
. onven 10n o. 189 .
she/he 1s not a na 1ona.1
Convention No. 189 affirms the
All domestic workers are covered by fundamen tal rights of domestic workers.
Convention No. 189, altnoogt\ countries It sets minimum labour standards for
may decide to exclude some categories, domestic workers.
under very strict conditions. Domestic workers can:
QT-'
0
ho is the employer of • organize & mobilize support for the
/, ~n~ ~
~ ~ ( J ~- domestic worker? ,......-ratificat ion and implemen tation
of the Conventio n by their
The employer of a domestic worker may Governme nts;
be a member of the household for which
the work is performed , or an agency • use the provisions of the Conventio n
or enterprise that employs d omestic and the Recomme ndation to
workers and makes them available to influence changes in laws and
households. improve the working and living
conditions of domestic workers,
regardless of whether or not the
country in which they work has
ratified Conventio n No. 189.
Decent work for domestic workP.r.~
Convention No. 189
What are th e minimum standards set
by
Conve nfion No. 189 for domestic workers?
rights of domestic workers pond
of the household in order to res
the to possible calls) (Article 1OJ .
Pro mo tion and pro tec tion of
ker s
h~ ma n rights of all dom est ic wor Remuneration
(Pr eam ble ; Article 3). ge
of • Minimum wa ge if a minimum wa
pro tec tion 11).
• Re spe ct and
ts
exists for other workers (Article
and righ
fun dam ent al principles pai d in
ation • Payment of wages must be
at work: (a) fre edo m of associ wor ker , and at
n of cash, directly to the
an d the effe ctiv e recognitio regular interval of no lon ger than
gai nin g;
the right to col lec tive bar one mo nth. Payment by che que
or
ed
(b) elimination of all forms of forc bank transfer - when allowed by
law
.on
or compulsory lab our; (c) QQQ!ili or collective agr eem ent s, or with
elim ina tion
of chi ld labour; and (d) worker's consent (Article 12) •
of
of discrimination in respect under 3
em plo ym ent and occ upa tion • In-kind pay me nt is allowed
tion
(Articles 3, 4, l l). con di tions: only a limited propor
une rati on; mo net ary
t all of total rem
• Effective pro tec tion agains value is fair and reason abl e; the ,ter ns
and
forms of abuse. harass me nt or services given as in-k ind pay me nt
vioienc_e (Article 5) . · ben efit to
are of personal use by ana
form s
• Fair terms of em plo ym ent
and the workers. This means tha t uni
not
dec ent living conditions '(Article
6) . or pro tec tive equipments are
as pay me nt in kind ,
to be reg ard ed
em plo yer mu st
Information on terms and con
ditions but as tools tha t the
t to
of em plo ym ent pro vid e to the workers at no cos
of the ir
d them for the per for ma nce
• Domestic workers must be informe duties (Article 12).
and con diti ons
of their terms plo ym ent
of em plo ym ent in an eas
ily • Fees cha rge d by priv ate em
cte d
und ers tan dab le manner, prefera
bly age nci es are not to be de du
15) .
through a written con tra ct (Ar
ticle from the rem une ra tion (Article
7) . l J'.jt,\t 1'3)
lth
Oc cup atio nal safety and hea
Hours of work ( ~ Right to safe an d hea lthy wo
rkin g
•
al env iron me nt (Ar ticl e 13).
• Measures aim ed at ensuring equ
tre atm ent bet we en dom est ic ens ure
era lly with • Measures are pu t in pla ce to
workers and workers gen an d
k, workers' occ up ati on al saf ety
res pec t to normal hours of wor
of hea lth (Ar ticl e 13) .
overtime com p ensation, p eriods
ual
daily and weekly rest, and ann ( .,:[Link] 14)
Social security
pa id led ve (Article 10).
inc lud ing
• We ekly rest period of at least
24 • So cia l sec urit y pro t ec tio n ,
· ma ter nity ben efit s (Ar ticl e 14)
.
consecuf,ve hou rs (Article 10).
ou rab le
• Reg ulation of stand-by hou
rs • Co ndi tion s tha t a re no t less f av
ic wo rke rs
(periods during wh ich domest tha n tho se ap plic ab le to
workers are not free to dispose
of gene rall y (Ar ticle 14)/
their time as they ple ase an d
are
required to re ma in at the dis
posal
Convention No. 189
Standards concerning child domestic • Coo pera tion amo ng send ing and
workers ( Jq~t · 4 ) rece1v1ng countries to ensure the
effe ctive app licat ion of the provisions
• Req uire men t to set a mini mum age tor of the Con vent ion to migr ant
entr y into dom estic work (Article 4). dom estic workers (Article 8).
• Dom estic workers age d 15 years old
but less than 18 years old - their work Private employment agencies '/.
shou ld not dep rive them of compulsory Measures to be put in plac e (Article 15) :
edu catio n, or interfere with their
oppo rtun ities for further educ ation or • regu late of the oper ation of priva te
voca tion al training (Article 4). emp loym ent agencies;
• ensure ade qua te mac hine ry for
ers [ ,-<tq ) the~ investigafion of complaints by
Standards concerning live-in work fl
domestic workers;
• Dec ent living conditions that respect the
workers' priva cy (Article 6). • provide ade qua te prot ectio n of
domestic workers and prev entio n of
• Freedom to reac h agre eme nt with their
abuses, in colla bora tion with othe r
employers or potential employers on
Members whe re appr opri ate;
whe ther or not to reside in the household
(Article 9) . • consider conc ludin g bilateral,
regional or mult ilate ral agre ements
• No obligation to remain in the household
to prevent abuses and frau dule nt
or with its members during their periods
practices .
of rest or leave (Article 9).
• Right to keep their identity and travel Dispute settlement, complaints,
documents in their possession (Article 9) .. enforcement ( A,-t-t 1, _")
• Regulation of stand-by hours (Article 10). • Effective access to the court,
tribunals or othe r dispute settl eme nt
Standards concerning migrant domestic .~ ) mechanisms , inclu ding accessible
workers . -A){t com plain t mechanisms (Article 17) .
• A written cont ract that is enfo rcea ble in • Measures to be put in plac e to
the country of employment, or a written ensure com plian ce with natio nal
job offer, prior to ·traveling to the country laws for the prot ectio n of dom estic
of employment (Article 8). workers, inclu ding labo ur insp ectio n
measures. In in rega rd, the
• Clear conditions unde r whic h domestic
Con vent ion recognizes the nee d to
workers are entitled to repatriation at
bala nce dom estic workers' right to
the end of their emp loym ent (Article 8) .
prot ectio n and the right to priv acy
dom estic work ers
• Protection of of the households' mem bers (Arti cle
from abusive practices by priva te 17).
emp loym ent agencies (Article 15).
for more information, please contact us
cou~try or region.
or the nearest International Labour Office in your
//ww w ilo or ;·1101 / . .
Full text of Convention No. 189 is available at: http·· · · 9 ex engl ish/c onvd 1sp [Link]
http '/ /w ·1 .
Full text of Recommendation No. 201 is available at·. . ww .1 [Link]/1iolex/english/re cdisp l .htm
Cond itions of Work and E e (TRAVAIL)
Socin l Prnto ,- +;,.._..., c- __ , _ . mploymen t Programm