Standard employ contracts for migrant domestic workers: content and good practices Fish IP Regional Coordinator (Asia), International Domestic Workers Federation (IDWF)

International Domestic Workers Federation (IDWF) Membership-based domestic workers organizations, including trade unions, associations and cooperatives. IDWF has 65 affiliates from 53 countries, representing over 500,000 domestic workers In six regions – Africa, Asia, Europe, North America, Latin America & the Caribbean www.idwfed.org IDWFED@IDWFED IDWFED

Why Standard Employment Contract: Formalize the employment relationship, terms and benefits; Ensure basic labour rights to all migrant domestic workers; Clear listing of rights and responsibilities of employers and employees; Clear listing of basic personal information of employers and employees; www.idwfed.org IDWFED@IDWFED IDWFED

(a) the name and address of the employer and of the worker; International Labour Convention 189: Decent Work for Domestic Workers (C189) Article 7: written contract: (a) the name and address of the employer and of the worker; (b) the address of the usual workplace or workplaces; (c) the starting date and, where the contract is for a specified period of time, its duration; (d) the type of work to be performed; (e) the remuneration, method of calculation and periodicity of payments; (f) the normal hours of work; (g) paid annual leave, and daily and weekly rest periods; (h) the provision of food and accommodation, if applicable; (i) the period of probation or trial period, if applicable; (j) the terms of repatriation, if applicable; and (k) terms and conditions relating to the termination of employment, including any period of notice by either the domestic worker or the employer. www.idwfed.org IDWFED@IDWFED IDWFED

(b) sick leave and, if applicable, any other personal leave; International Labour Recommendation: Decent Work for Domestic Workers (R201) Article 6 (a) a job description; (b) sick leave and, if applicable, any other personal leave; (c) the rate of pay or compensation for overtime and standby ; (d) any other payments to which the domestic worker is entitled; (e) any payments in kind and their monetary value; (f) details of any accommodation provided; and (g) any authorized deductions from the worker’s remuneration. www.idwfed.org IDWFED@IDWFED IDWFED

Ensure DW understand the terms and conditions Art. 8, C189 migrant domestic workers to receive a written job offer, or employment contract prior to their departure, (Art. 8, C189) Art. 6, R201 Ensure DW understand the terms and conditions Model contract provided free of charge C97 CEDAW UN International Convention on the Protection of the Rights of Migrant Workers and Members of their Families www.idwfed.org IDWFED@IDWFED IDWFED

Problems faced by MDWs Deceptions; Different sets of contracts; Employment contracts signed by workers are being void: another set of contract at destination countries; Workers and employers do not care / understand the contracts; Different terms and conditions of work in reality; Lack of details in the contracts: esp. types of work, hours of work, definition of households (e.g. extended family in the same household); No wage protection mechanism in place; No protection mechanism, laws and polices in place to ensure rights of workers; Limited or restricted power of embassies / labour attachés : authentication of contracts, jurisdiction to obtain documents and enforce policies etc; Prohibition of workers to change types of work or move to other contracts: Restrictions of workers’ career progression; Discriminations www.idwfed.org IDWFED@IDWFED IDWFED

Hong Kong: Standard Employment Contract (ID407) Minimum Allowable Wage (HKD4,410 / USD569) (contracts since 1 Oct 2017); Free food or if not, food allowance (HKD1,053 / USD135) Air fare and travelling allowance paid by employers; Full reimbursement to workers for necessary fees (visa fee, medical test, authentication fees by consulates, insurance etc) Free medical treatment for workers; “Schedule of accommodation and duties”: Employer's residence size, number of people in the household, accommodation to the worker, facilities provided, major duties of workers, safety precautions on cleaning windows One set of contracts signed by employers and employees, as a document for visa approval by the Immigration Department; Translated contracts into various languages available; http://www.fdh.labour.gov.hk/ www.idwfed.org IDWFED@IDWFED IDWFED

Hong Kong: Standard Employment Contract (ID407): Problems and limitation Lack of understanding of the contract content and no translated text upon signing of contracts; Lack of monitoring mechanism, esp. on excessive fees collected by employment agencies / brokers, accommodation and food. Mandatory live-in arrangement The level of Minimum Allowable Wage and food allowance are low. No stipulations in working hours No retirement benefits Malpractices of employment agencies: separate set of ‘houserules’ for the workers, wage withholding for excessive agency fee, confiscation of contracts; www.idwfed.org IDWFED@IDWFED IDWFED

“When I give this to my employer, he said ‘hey, this is very good, why don’t you give this to me earlier!?’” - Kyan Par, migrant domestic worker in Thailand www.idwfed.org IDWFED@IDWFED IDWFED

www.idwfed.org IDWFED@IDWFED IDWFED

Personal particulars of employers and workers Employment start date Household information (address, full details of house, no. of household members) Job description Working hours Wages (rate, period of payment, payment arrangement, overtime and standby hours rate) Holidays and leave www.idwfed.org IDWFED@IDWFED IDWFED

Social protection (illness, maternity...) Dispute resolution Living and working environment (facilities, no. of meals / allowance, possession of identity documents by workers...) Social protection (illness, maternity...) Dispute resolution Termination of contract Annexes (work tasks, contract amendment, timesheet and payslip, public holidays) Duplicate of contract and signatures Contact information and helpline www.idwfed.org IDWFED@IDWFED IDWFED

Recommendations Ratify ILO Convention 189; Recognize domestic workers as workers. Ensure domestic workers and migrants enjoy equal rights as other types of workers; Standard employment contracts drafting in consultation with workers and employers unions/organizations, CSOs; Contract contents include terms and conditions of employments AND: Job duties and full details of employer’s residence households size and no. of people in the residence; Food and accommodation arrangement; Travel and other expenses are not paid by workers; Repatriation arrangement Social protection Free medical treatment www.idwfed.org IDWFED@IDWFED IDWFED

Recommendations (con’t) Ensure ONE binding employment contracts, obtained by workers prior to departure, content understood by employers and workers; Gender-sensitive: inclusion in the anti-sexual harassment and abuse in the workplace act, ensure sexual and reproductive health rights, no discrimination based on sex, race, ethnicity Full collaboration between government authorities of destination countries and countries of the origin; consistent and harmonized laws and policies Punitive measures against illegal practices of employment agencies and intermediaries, violation of laws by employers, and related persons; Zero fees for workers on migration; www.idwfed.org IDWFED@IDWFED IDWFED

Recommendations (con’t) Allow workers for change of jobs and employers; Ensure access of justice for workers; Training for workers and employers Public awareness on the use and content of employment contract; Skills and Competency recognition of workers; Provide opportunities for upward mobility www.idwfed.org IDWFED@IDWFED IDWFED