Natsu Nogami-Shimokawa Technical Officer on International Labour Standards and Fundamental Principles and Rights at Work International Labour Office Subregional Office for East Asia (SRO Bangkok) International Labour Standards on Domestic Workers: A Road to Domestic Workers Convention and Recommendation (2011)

Domestic workers Domestic work allows the household and the economy outside the household to function Oldest and most important occupation for many women around the world “Invisible”, undervalued and poorly regulated Work with serious decent work deficits

Domestic workers – an old ILO concern 1936 Resolutions of the International Labour Conference 1965 Resolution of the International Labour Conference  "urgent need" to establish minimum living standards "compatible with the self-respect and human dignity which are essential to social justice“  Urging member States to introduce "protective measures" and worker training, in accordance with international labour standards  Contemplating research action with particular attention to the "problems of women workers“  Office (ILO) commissioned a survey showing that domestic workers were "particularly devoid of legal and social protection“ and "singularly subject to exploitation“ their "legitimate interests and welfare [had] long been neglected in most countries"

ILO Governing Body March 2008 places an item on the agenda of the 2010 Conference on “promoting decent work for domestic workers” it is a standard-setting item, i.e. with a view to developing ILO instruments (“possibly” a Convention supplemented by a Recommendation) to provide appropriate guidance to constituents on policy and practice

ILO GB 2008 considerations at 100+ million, one of the largest yet unprotected segments of the labour force most domestic workers are women  in Asia, DW is the single most important source of income for women with low levels of education  in Asia, labour migration is feminizing: 60-75% of migrants are women, the vast majority of them domestic workers Burmese in Thailand, Filipina’s in HK or Brunei, Indonesians in Singapore, Khmer in Malaysia remittances are important for home economies their work is valuable  enabling others to work outside the home, i.e. a factor in improving the labour market access of other women  tax and social insurance base ~ great majority of DW are unregistered tax incentives to employers can reduce no. of unregistered and improve formal contracts

ILO GB 2008 considerations (Cont’d) standards are needed because of particular vulnerability to abuses of basic human rights, including fundamental principles and rights at work  sexual harassment, physical assaults and other forms of violence  restrictions of the right to organize, either because of exclusion from labour law (e.g. Cambodia) or because of restrictions on migrant workers (e.g. Thailand)

ILO GB 2008 considerations (Cont’d) forced labour and trafficking  e.g. treatment of departing migrant women in Indonesian recruitment centres;  e.g. Indonesia/Malaysia: paid job offered in a restaurant before departure, upon arrival forced to work 18/20 hours per day, locked the workplace from the outside, prevented from making phone calls, all without any wages discrimination  e.g. Hong Kong SAR/Malaysia ~ different wage rates for Filipina, Thai or Indonesian DW child domestic work (coverage by C. 182 ?)

ILO GB 2008 considerations (Cont’d) Inadequate attention in international law: quite a number of ILO Conventions permit the exclusion of DWs

Domestic Workers and Labour Law

Domestic Workers Convention – Possible elements general principles, including  the general application to domestic workers of decent work and international labour standards  the respect of their basic human rights  their inclusion in protection provided to workers under national labour legislation  provisions for a system of inspection to ensure compliance with the laws and regulations applicable to them call on ratifying States to adopt, implement and periodically review a national policy on domestic work aimed at improving the situation of this category of workers

Domestic Workers Convention – Possible elements encourage consultations with representative organizations of employers and workers in this field (including with organizations directly concerned with domestic workers) address issues related to special characteristics and conditions of this category of workers  work – and often accommodation – in private houses  multiple employers  unregulated hours of work  wages  workload and rest periods  social security coverage  physical and sexual abuse  abuses by recruitment agencies  contractual conditions  denial of the right to organize in trade unions

Domestic Workers Recommendation – Possible elements policy on equality of treatment between domestic workers and other wage earners general provisions concerning  freedom of association  minimum wage  protection of remuneration  maternity protection  working time and periods of rest and leave  protection in the field of safety and health  access to social security  inclusion in labour statistics

Convention & Recommendation Adoption Process (1) March 2008 ~ Governing Body decision December 2008 ~ law & practice report + questionnaire will be circulated to Goverments  with political or legal (C. 144) obligation to consult most representative organizations of employers and workers July 2009 ~ replies are awaited February 2010 ~ Conference report (analysis of replies & principal questions) goes out to Goverments June 2010 ~ first Conference discussion

C & R Adoption Process (2) August 2010 ~ Office drafts C & R, circulated to Govt’s  with political or legal (C. 144) obligation to consult most representative org’s of employers and workers November 2010 ~ replies are awaited March 2011 ~ Conference report (analysis of replies & adjusted draft C & R) goes out to Govt’s June 2011 ~ second Conference discussion + adoption

Preparation for the 2010 ILC discussions in GMS countries Working with Governments, Worker and Employer Organizations Cambodia  National consultation on Decent work for domestic workers National consultation on Decent work for domestic workers China  Fact Sheet on Domestic Workers in China - [pdf 46 KB] Fact Sheet on Domestic Workers in China[pdf 46 KB]  Situational analysis of domestic work in China - [pdf 189 KB] Situational analysis of domestic work in China[pdf 189 KB]  China: specialist recommendation report on the questionnaire on Decent Work for Domestic Workers - [pdf 365 KB] China: specialist recommendation report on the questionnaire on Decent Work for Domestic Workers[pdf 365 KB] Lao PDR  Consultation with Worker Organizations in Lao People’s Democratic Republic  National Consultation on Decent Work for Domestic Workers in Lao People’s Democratic Republic (Press release)Press release Indonesia  National Stakeholder Hearing on the plight of Indonesian domestic workers: meeting to discuss ILO's new report on abolishing forced labour and potential of an international standard on domestic workers National Stakeholder Hearing on the plight of Indonesian domestic workers: meeting to discuss ILO's new report on abolishing forced labour and potential of an international standard on domestic workers  Abolishing Forced Labour in Indonesia through the Establishment of International standards for Domestic Workers Abolishing Forced Labour in Indonesia through the Establishment of International standards for Domestic Workers Thailand  National Consultation on Decent Work for Domestic Workers in Thailand (Press release) / (Opening remarks by Royal Thai Government - [pdf 18 KB])Press releaseOpening remarks by Royal Thai Government[pdf 18 KB]  Consultation with Worker Organizations and civil society groups in Thailand For further information on the ILO work on domestic workers in Asia-Pacific (not only standards-setting but also technical cooperation and other activities including partnerships with civil society), please visit our website: