ILO Convention No. 189 Ratification process DECENT WORK FOR DOMESTIC WORKERS ILO Convention No. 189 Ratification process

Adoption of the Convention The Convention was adopted by 396 votes to 16, with 63 abstentions. Recommendation was by 434 votes to 8, with 42 abstentions. The ILO is 183 Member States Conference :two government, one employer and one worker delegates, vote independently. All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Submission to Parliament States must submit adopted Conventions to parliament Parliaments consider ratification. Convention 144: trade unions consulted on proposal All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Entering into force Convention enters into force one year after ratification But: Convention 189 will entry into force twelve months after ratifications by two Member States are registered. All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Convincing governments Governments may be reluctant Three points should be borne in mind. First, ILO standards are minimum standards Second, if each and every national legislation had already conformed to the new Convention, there would have been no need for an international standard. Third, where legislative obstacles exist, the ILO can help The key factor will be political will. Unions will need to convince governments and parliamentarians. Theywill also have to convince their ow members All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Different approaches Revising legislation before ratification ILO standards help harmonize national laws and practice. Bringing legislation into line without ratification. Ratify quickly and then harmonize legislation All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Use of the Convention in national Jurisdictions International treaties prevail over national law Judges, lawyers, labour inspectors and trade unionists using ILO standards Courts directly apply Convention to resolve litigation A source of interpretation and inspiration when applying their own domestic law. All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Reporting and exclusions First report submitted within two years of ratification Attention! possibility of exclusions After first report, exclusions no longer permitted. Exclusions possible to: categories of worker who are otherwise provided with at least equivalent protection; or limited categories of worker with special problems Exclusions to be determined after consultation All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Using the supervisory mechanisms Report on Convention 189 will be due every 5 years. An opportunity for trade unions to get rid of initial exclusions Reports must be transmitted to trade unions Unions entitled to comment on its contents Unions may also send information directly to the ILO Representation and complaint procedures available All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

The major role of trade unions So clearly, trade union organizations can be key actors in the ratification, the promotion, the effective implementation, and the monitoring of the application of the international Conventions. All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .

Ten Good Reasons to Promote Ratification A Trade union duty A signal to domestic workers A legal framework for union action A means of denouncing abuses in the courts and in the media Possible recourse to the ILO mechanisms A voice in the passing of legislation to protect domestic workers. Going beyond the mere protection of union rights Harmonization of labour legislations, no dumping. Worldwide recognition of the principles embodied in Convention 189. Governments and legislation change, ratified conventions stay. All existing international labour standards, if not provided otherwise, also apply to domestic workers, regardless of status. The Convention, an international treaty, can be ratified by ILO member States. It enters into force following the registration of the second ratification. Thereafter, it enters into force for any ratifying Member twelve months after ratification. As is the case with other ILO Conventions, ratifying Members have an obligation to submit reports to the ILO on the measures they have taken to implement the Convention. The first such report is due twelve months after entry into force. The ILO Committee of Experts on the Application of Conventions and Recommendations is mandated to examine the reports submitted by governments, as well as observations by workers’ and employers organizations, and to address comments to the country concerned. Based on the Committee of Expert’s annual reports, the application of the Convention may be discussed by the Committee on the Application of Standards of the International Labour Conference. Possibility to make Representations (art 24) or even complaints (art 26) The Recommendation builds on the provisions of the Convention and needs to be read in conjunction with it. It serves as a source of guidance for Members with regard to measures they may take to apply the Convention. Moreover, the Recommendation contains guidance on several matters not addressed by the Convention, e.g. policies and programmes for the professional development of domestic workers, work-life balance, provisions regarding statistical data and international cooperation in a number of areas, including with regard of the protection of the rights of domestic workers employed by diplomatic personnel .