Nelien Haspels, PROMOTE, ILO TU Regional Workshop: DWOs & CDL Yogyakarta,15-17 Dec Introduction to ILO Convention No. 189 on decent work for domestic workers

1. Facts and figures on domestic work worldwide: Quiz 2. Convention No Key priorities Issues for discussion 2

Quiz 3 1. 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)

Invisible, but significant workforce Domestic workers across the world, ILO

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 years old? (in % or totals)

Large, growing labour force 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 million or 43% of the total are 5-11 years old 19 million increase between 1995 & % of global wage employment & 7.5% of total female wage employment 6

Quiz 7 6. Why are domestic workers vulnerable? (One point per right answer)

Domestic workers worldwide 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 8

Why are domestic workers vulnerable? 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 9

Quiz 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 11

Scope of national legislation – by region 12

Exclusion from legal protection 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 13

Quiz 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?

Working time: Average weekly working hours for domestic workers: Among the longest and least predictable of any group of workers… 15

Weekly hours of work - total 16

Weekly hours of work- by region 17

Quiz 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 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 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 22

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 23

Minimum wage coverage - total 24

Minimum wage coverage – by region 25

Quiz 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 100 th 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 27

Convention No. 189 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 28

C189: Definitions 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 29

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 & R201: Substantive provisions 30

C189: Working time 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 31

C189: Remuneration  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 32

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

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 Thank you 36