Decent Work Campaign 2022: Key Standards of Decent Work for Domestic Workers
4 April 2022
Introduction
The International Labour Organization’s Convention on Domestic Workers (C189) was adopted in 2011, and details the rights, living standards and working conditions that all domestic workers are entitled to. Recommendation 201 (R201) was passed to supplement C189.
The C189 and R201 define “domestic work” as work performed in or for a household or households. The term “domestic worker” means any person engaged in domestic work within an employment relationship. C189 and R201 also call for the elimination of all forced or compulsory labour, and the elimination of discrimination in respect of employment and occupation.
Here, we set out some of the labour standards that are found in C189 and R201.
Employment conditions
Domestic workers have the right to fair employment terms and decent working conditions. If they reside in the employer's household, they have the right to decent living conditions that respect their privacy. Domestic workers also have the right to written contracts that set out the following:
The name and address of the employer and of the worker;
The address of the usual workplace or workplaces;
The starting date and, duration of the contract;
The type of work to be performed
Sick leave, and other forms of leave
Remuneration, method of payment and frequency of payments
Hours of work
Daily, weekly and annual rest periods
Terms of repatriation and termination, including any notice period.
States should aim to establish a representative model contract containing the above aspects. Representatives of both domestic workers and employers should be consulted in establishing this model contract, and the contract should be made available free of charge to domestic workers, employers, representative organizations and the general public.
Living and working conditions
Live-in domestic workers should be given:
a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock, the key to which should be provided to the domestic worker;
access to suitable sanitary facilities, shared or private;
adequate lighting and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household; and
meals of good quality and sufficient quantity, adapted to any cultural and religious requirements of the domestic worker concerned.
Live-out options should also be accessible for domestic workers, and they should have the same levels of social security protection as other workers in Singapore. They should also be entitled to keep their travel and identity documents.
Social protections
C189 establishes the obligation of states to ensure the protection against all forms of abuse, harassment and violence. There should be a national hotline with interpretation services for domestic workers who need assistance. Pre-placement visits should be done on households before they employ domestic workers.
It is also important to establish programmes for the relocation from the household and rehabilitation of domestic workers who have been subjected to abuse, harassment and violence. Such programmes should include the provision of temporary accommodation and health care. In this regard, a network of emergency housing should be established.
Protections against discrimination also matter when it comes to medical testing. Domestic workers should have the right to not disclose their HIV or pregnancy status, and should be able to decline any testing regarding the above.
States should ensure, with due regard to the specific characteristics of domestic work, that domestic workers enjoy conditions that are not less favourable than those applicable to workers generally in respect of social security protection, including with respect to maternity.
Employers should be made aware of good practices when employing domestic workers, as well as employment and immigration law obligations regarding migrant domestic workers, enforcement arrangements and sanctions in cases of violation, and assistance services available to domestic workers and their employers. A public outreach service should inform domestic workers, in languages understood by them, of their rights.
Hours of work and rest
Domestic workers must be treated equally to other workers with regards to daily and weekly rest. A rest day should be defined as 24 hours.
The right to rest should stipulate that workers are allowed to use their rest time as they wish. If they are not allowed to use their rest time as they wish, then that time should be counted as work time. Workers must also have the right to leave the employer's house during their rest days. On working days, there should be measures to ensure that domestic workers are entitled to suitable periods of rest, e.g. meals and breaks. Irrespective of financial compensation, the law should also enforce the provision of adequate compensatory rest if workers are required to work during their rest periods, and define the grounds on which domestic workers can be made to work during their weekly or daily rest periods.
Time sheets, work schedules and pay slips can allow domestic workers to reach an agreement on work schedules, time worked and wages paid. They also provide a written record that is accessible to the worker and enables the enforcement of compliance.
Where domestic workers are not able to freely dispose of their time, and remain on standby, laws should regulate the maximum number of hours, compensatory rest period and the rate of remuneration.
Minimum wage
Domestic workers should enjoy minimum wage, which must not be discriminatory based on gender.
Workplace safety
Every domestic worker has the right to a safe and healthy working environment. The state, agencies and employers should work to ensure the occupational safety and health of domestic workers. States should:
protect domestic workers by eliminating or minimizing any, work-related hazards and risks, in order to prevent injuries, diseases and deaths and promote occupational safety and health in the household workplace;
provide an adequate and appropriate system of inspection, and adequate penalties for violation of occupational safety and health laws and regulations;
establish procedures for collecting and publishing statistics on accidents and diseases related to domestic work, and other statistics considered to contribute to the prevention of occupational safety and health related risks and injuries;
advise on occupational safety and health, including on ergonomic aspects and protective equipment; and
develop training programmes and disseminate guidelines on occupational safety and health requirements specific to domestic work
Regulation of agencies
The state should take steps to ensure against abuse perpetrated by employment agencies. It should adopt all necessary and appropriate measures to provide adequate protection for and prevent abuses of domestic workers recruited by private employment agencies within the country.
These measures include laws or regulations that specify the respective obligations of the private employment agency and the household towards the domestic worker and provide for penalties, including prohibition of those private employment agencies that engage in fraudulent practices and abuses. For example, fees charged by employment agencies should not be deducted from the salary of the domestic worker.
There should also be transnational agreements, between sending and receiving countries, to protect domestic workers from abusive agencies.
Redress mechanisms
The state, agencies and employers should ensure, in accordance with national laws, regulations and practice, that all domestic workers have effective access to courts, tribunals or other dispute resolution mechanisms in instances of conflict, harassment and abuse. States should secure access for domestic workers to pursue legal civil and criminal remedies, both during and after employment, irrespective of departure from the country concerned.
Domestic workers should have an accessible complaints mechanism to report instances of abuse, violence and harassment. All complaints of abuse, harassment and violence should be investigated and prosecuted as appropriate. For reasons other than serious misconduct, live-in domestic workers should be given a reasonable period of notice and time off during that period to enable them to seek new employment and accommodation.
Conclusion
The above protections, if followed, will ensure that domestic workers will have dignified and decent standards of living and working. Cooperation between the state, employment agencies, employers and workers is imperative in order to achieve standards that are equivalent to those stipulated in C189.
Read more in this publication by the ILO.
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