Convention No. 189 Recommendation No.201

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Presentation transcript:

Convention No. 189 Recommendation No.201 Decent Work for Domestic Workers Convention No. 189 Recommendation No.201

Key principles of the instruments All ILO Conventions apply to domestic workers (Preamble). ILO Conventions are minimum standards (art. 19) in relation to other Conventions. (art 19. 8 Constitution in relation to national legislation. Objectif des instruments: lutter contre l’exclusion à la fois dans les législations et les conventions internationales. Exemples maternité, protection du salaire.

Key principles of the instruments Definition: sufficiently broad, sufficiently narrow. Keyword: “Employment relationship” (art 1) Work in or for a household Possible exclusions(article 2). (a) categories of workers who are otherwise provided with at least equivalent protection; (b) limited categories of workers in respect of which special problems of a substantial nature arise.

Key principles of the instruments Respect for basic Human Rights and Fundamental Principles and Rights at Work (art.3) Reference to human rights bill and UN treaties (Preamble) Core Labour Conventions on: Freedom of Association (C87 and C98) Abolition of forced labour(C29 and C105) Eradication of child labour (C138 and C182) Non-discrimination (C100 and C111)

Key principles of the instruments Equality of Treatment: Terms and conditions: art 6 Working time art 10 Minimum wage art 11 Payment in kind art.12 Social security art. 14 Access to court art. 16

Key principles of the instruments Consultations with trade unions Exclusions (art. 2) Safety and Health (art. 13) Social Protection (art. 14) Employment agencies (art. 15) Implementation of the Convention(art. 18)

Key principles of the instruments Migrant workers Scope of the convention (art 8) Preamble (C97-C143; UN Convention) Written contract prior to crossing border Regulation of employment agencies (art. 15) Repatriation costs.

Key principles of the instruments Articulation between the Convention and the Recommendation Freedom of Association Non-discrimination Repatriation costs Weekly rest Payment in kind Termination of employment Work in diplomatic households