c189 and decent work for domestic workers · 2016-11-08 · c189 and decent work for domestic...
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7 t h E u r o p e a n C o n f e r e n c e o n P e r s o n a l a n d H o u s e h o l d S e r v i c e s B r u s s e l s , 7 N o v e m b e r 2 0 1 6
C189 and Decent Work for Domestic Workers
Outline
PHS: A growing need and demand
Domestic work and PHS
Situation of domestic workers
C189 scope and objectives
Good working conditions for quality services
PHS: Projected Demand
Ageing populations and fewer multigenerational households
Continued rise in women’s economic participation,
Households prefer PHS: Lower costs
Greater independence
Potential of assisted-living technology
Limited public services developing countries and cuts in public expenditures
Source: Eurofound, 2013
1. +19.5 million from 1995-2010 2. 67 million in 2013 (new estimate)
Demand on the Rise
Coping with Demand
Understand the needs of households
Ensure a skilled workforce
Create sufficient formal jobs in the sector
Build the capacity of workers’ and employers’ organizations
Promote formalization
Domestic work is…
“work performed in or for a household or households”
Within an employment relationship
Art. 1, C189
Employer can be household, agency (public or private)
Tasks such as cleaning, cooking, ironing, caring for children, the elderly or the disabled…
Definitions vary according to country
Three employment models
Domestic Worker (Employee)
Private HH (Employer of DW)
Employment Contract
Domestic Worker (Employee)
Agency/ Enterprise Private or Public (Service Provider; Employer of DW)
Private HH (Service user/ buyer)
Service
Employment Contract
Commercial Contract
Private Agency (Service Provider; Employer of DW)
Domestic Worker (Employee)
Private HH (Service user/ buyer)
Agency: Deploys the DW, sets terms HH: Gives wage to Agency
Agency: Pays DW
DW works under HH direct control & supervision
Many are migrants
Distribution of migrant domestic workers, by broad subregion
IN EUROPE: 4,100,000 DWs
2,210,000 are migrants (54.6%)
19.2% of MDWs globally
Working Conditions Poor
Lowest pay
Longest hours
Weak labour and social protection
Difficulty to enforce
Low level of representation by organizations
Often workers from vulnerable groups
How high are DW’s wages?
Domestic workers are among the lowest paid world-wide.
Rarely higher than 50% of average wages.
Working hours of domestic workers
Domestic workers work extremely long hours
Worse for live-in domestic workers
In Chile:
Live-out average: 40h/week
Live-in average: 67.6h/week
In Peru: 49h/week versus 62h/week
Subject to on-call or stand-by
Important Protection Gaps Remain
Coverage of domestic workers by national legislation
Legal social security coverage
Effective Coverage Rates
PHS potential for employment…
- But under what conditions?
Poor working conditions = poor quality services
Long hours have high impact on health
long working hours, nocturnal work, and patterns of shift work that involve an irregular distribution of working hours are the factors that have the greatest negative effects on workers’ health” (Folkard and Tucker, 2012)
Low wages fail to motivate performance
No social security makes domestic workers vulnerable to take poor quality jobs
Ensuring Decent Work
ILO aim to make decent work a reality for domestic workers
Employment opportunities
Quality services to households
Decent working conditions
Legal protection
Social protection
Social dialogue
Collective bargaining
Formalization
ILO C189 and R201
Adopted on 16 June, 2011
Nearly unanimous
In recognition of the significant contribution of domestic workers to the global economy:
Increasing paid job opportunities for women and men workers with family responsibilities,
Greater scope for caring for ageing populations, children and persons with a disability, and
Substantial income transfers within and between countries
Recognition of poor working conditions
Key standards and approaches
• Measures for ensuring fair terms of employment and decent working conditions for domestic workers, on an equal footing with other workers
• Promoting formalization of the employment relationship (contracts, pay slips, time records, …)
• Developing of measures for ensuring compliance with laws and regulations protecting domestic workers
Care Work as Domestic Work
Domestic work, private face of care: Frequently informal Majority women Often marginalized Lacking effective labour/social
protections
Employers/recipients of in-home care are: Women workers with family
responsibilities Elderly Disabled
Employment relationship is: Informal, “familial” Vulnerable Sometimes triangular
Points to the need for: Analysis of their role in the
care economy
Identifying discrimination/penalties for in-home care
Promote organizing, social dialogue, CB, reflecting diverse employment relationships, shifting burden of negotiation to orgs
How public care policies can improve their protections (eg. MW, subsidies)
How the ILO Works
Ratification to date
As of November 2016, 23 ratifications registered.
LAC: 13
Europe: 7
Africa: 2
Asia: 1
Country Date ratified
Uruguay 14 Jun 2012
Philippines 05 Sep 2012
Mauritius 13 Sep 2012
Nicaragua 10 Jan 2013
Italy 22 Jan 2013
Bolivia 15 Apr 2013
Paraguay 07 May 2013
South Africa 20 Jun 2013
Guyana 09 Aug 2013
Germany 20 Sep 2013
Ecuador 18 Dec 2013
Costa Rica 20 Jan 2014
Argentina 24 March 2014
Colombia 9 May 2014
Ireland 28 Aug 2014
Switzerland 12 Nov 2014
Finland 8 Jan 2015
Dominican Republic 15 May 2015
Belgium 10 Jun 2015
Chile 10 Jun 2015
Panama 11 Jun 2016
Portugal 17 Jul 2015
Jamaica 12 Oct 2016
Law and Policy Reform
Over 70 countries have engaged in law and policy reform in the areas of:
Comprehensive (Brazil, Philippines)
Minimum wages (Zambia, Namibia, India, South Africa, Switzerland, USA, Costa Rica)
Working time (Singapore, Thailand, Vietnam, Chile)
Social security (India, Argentina, Spain, Dominican Republic, El Salvador, Costa Rica)
Compliance (Ireland, Uruguay, Argentina)
ILO builds capacity…
Guides on organizing strategies
Training workshops
Analysis of legal framework to identify barriers
Promoting social dialogue
Diagnosis of freedom of association and collective bargaining Brazil, Bolivia
Setting up tripartite plus technical working groups Philippines, Tanzania, Zambia
Barriers to Organizing
Practical barriers
Dispersion
Fear
Lack of awareness
Legal and administrative barriers
Definition of woker, employer, or workplace
Levels of bargaining
Thresholds for representation
Formalities
Workers’ and Employers’ Orgs
More and more domestic workers’ organizations
International Domestic Workers’ Federation represents 58 organizations and 500,000 workers
Still few employers’ organizations
Mostly in Europe, plus Uruguay, Argentina….
Work with trade union confederations and employers’ organizations through social dialogue
ITUC 12x12 campaign, tripartite technical working groups
Models for setting standards
Sectoral bargaining
Point of hire
Tripartite social dialogue
Sectoral Agreement Model
Italy, France, Belgium, Uruguay, Argentina, USA Legal recognition of domestic workers’ rights
Existence and legal recognition of DWs and EDWs’ organizations
Model: Domestic workers’ union and employers’ organization negotiate
standards;
Standards negotiated by representatives, not necessarily DWs or EDWs themselves;
CBA goes into force covering all or part of the sector;
Government institutions primarily responsible for promoting and ensuring compliance.
Example: Uruguay
The Story
SUTD formed in the 1950s
Liga de Amas de Casa, Consumidores y Usuarios formed in the 1950s
Government established a council to set standards
Invited LACCU to negotiate
Negotiated agreements since 2008, progressively expanding rights.
CB agreement is universally applicable
Example: Uruguay Findings
Results:
Overall improvement of perception of domestic workers
Improvement in working conditions
Increased social security registrations
Facilitating factors:
Recognition of rights and representation of workers and employers
Government convening of parties
Investment in labour inspections and awareness campaign
Building capacity of workers’ and employers’ organizations
Point of Hire Model
India (SEWA), Hong Kong Totally or partially excluded from labour/FoA/CB rights
Lack of an employer counterpart
Very low organizing capacity
Method
Workers decide on collective standards;
Standards promoted at point of hire and/or captured in standard contract;
Ensuring compliance lies de facto with the union
Example: Hong Kong
The Story Local domestic workers excluded from labour laws Full FoA: unionized, affiliated to FADWU, HKCTU No CB rights for any workers HKCTU used government funding for training center (CTUTC) After training, workers have access to job referral Standards set negotiated with union
Results Standard hourly wage double the statutory minimum CTUTC would only take jobs with a monthly salary of around
HK$18,000-$25,000 (double the average) No negative impact on employment Half graduates join the union
Example: Hong Kong
Facilitating factors:
Full right to freedom of association;
Government funded training program;
Cooperation between HKCTU and CTUTC
In-depth dialogue among workers
Source of confidence-building and empowerment of domestic workers about the value of their labour.
Tripartite social dialogue
Philippines, Tanzania, Zambia, South Africa…
Workers and employers are not necessarily represented
Will to improve conditions anyway
Method
Government convenes a tripartite body
Negotiate policy objectives and a road map for action
Example: Zambia
The Story: DWs recognized as workers Excluded from CB through threshhold provision Low unionization rate/capacity No employers’ organization Code of Conduct negotiated between unions, employers’
federation, and government CoC could not be turned into an agreement because
employers’ federation does not represent employers of domestic workers
CoC implemented through maid centers Maid centers help to monitor compliance
Outcomes
Policy that reflects needs of workers and employers
Relieve the burden of households
Relieve burden of negotiating terms and conditions
Full, decent employment for domestic workers
Improved monitoring and adjusting
Policy Resources
Effective Protections for Domestic Workers: A guide to designing
labour laws Domestic Workers Across the World Labour inspection and other compliance mechanisms in the
domestic work sector How to set a minimum wage for domestic workers Working time of live-in domestic workers Social protection for domestic workers: Key policy trends and
statistics Dispute resolution training module Policy Brief on Collective bargaining and other forms of negotiation Formalizing employment in domestic work (5 December, 2016)
See www.ilo.org/domesticworkers
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