B Explanatory memorandum
by Mr Viorel Riceard Badea, rapporteur
1 Introduction
1. On 28 January 2014, together
with other members of the Parliamentary Assembly, I tabled a motion
for a resolution entitled “The employment rights of female workers
from Eastern Europe” (
Doc. 13400). The motion raised concerns regarding the discrimination
which female household workers from eastern Europe are facing in
some western European countries.
2. According to a recent study undertaken by the International
Labour Organization (ILO), northern, southern and western Europe
account for 19% of the total migrant domestic workers living in
Europe. It is estimated that there are 2.2 million migrant domestic
workers living in Europe, although this data is likely to be much
higher bearing in mind the informal nature of the sector, irregular
migration and the unclear boundaries between domestic and care work.
3. There seem to be numerous cases of non-compliance with the
existing recommendations on foreign labour in the domestic work
sector. A variety of work has been carried out by the Assembly and
other international organisations on the subject, and exhaustive
guidelines have been compiled for member States to protect domestic
workers from violations and abuse. Most recently, in its
Resolution 1993 (2014) “Decent work for all”, the Assembly stressed the need
to “provide for safeguards and tough sanctions against irregular employment
and improve contractual social guarantees for posted, young, migrant
and domestic workers”.
4. The Assembly’s
Recommendation
1663 (2004) “Domestic slavery: servitude, au pairs and mail-order brides”
had explicitly underlined the urgency of the recognition of domestic
work in private households as “real work”, to which full employment
rights and social protection applied, including the minimum wage,
sickness and maternity pay and pension rights. Equally, the rights
of domestic workers to health insurance, to family life and to leisure
and personal time were to be ensured. Furthermore, the Assembly
had recommended introducing a system of accreditation for agencies
placing domestic workers, which would commit them to respecting
certain minimum standards.
5. With a view to countering the problem of domestic slavery
(of which migrant workers may potentially be victims, given the
appalling violations of their rights), the Assembly made a number
of recommendations to member States via the Committee of Ministers
in
Recommendation 1523
(2001) on domestic slavery,
inter
alia by advising them to provide domestic workers with
accurate information about the risks of working abroad. In a subsequent
resolution, the Assembly recalled that all permanent and seasonal
workers, whether men or women, are entitled to respect and human
dignity. In this respect, the Assembly urged the member States to sign
and/or ratify the United Nations International Convention on the
Protection of the Rights of All Migrant Workers and Members of their
Families.
Note
6. The ILO’s immense effort in ensuring better protection for
domestic workers deserves special attention. On 16 June 2011, the
ILO adopted a historical set of international standards aimed at
improving the working conditions of tens of millions of domestic
workers worldwide – the Domestic Workers Convention No. 189 and Recommendation
No. 201. Last but not least, the ILO research papers, good practices,
case studies and guidelines for improving national legislation,
which have been drafted with careful consideration of the national contexts
and particularities, represent excellent tools to empower policy
makers.
7. Nevertheless, the issue is far from being effectively and
duly tackled. Whether it is due to the lack of political will or
the extreme complexity of the sector, migrant domestic workers in
Europe remain vulnerable and many continue to be exploited. In this
connection, I would like to recall Articles 2 and 26 of the European
Social Charter (revised) (ETS No. 163), which establish the right
to dignity and to just conditions of work. The Assembly must address
this issue without delay and give a thorough follow-up as to the
progress in member States, which are committed to translating the
Parliamentary Assembly’s recommendations into real policies.
2 The situation of migrant domestic workers
8. Migrant domestic workers are
often victims of direct or indirect discrimination because of their
foreigner status. Traditionally, work in households has been regarded
as a sector of the labour market accessible for low-skilled workers.
Numerous factors such as low socio-economic status, the isolated
nature of the workplace, and a weak collective voice make this category
of workers particularly vulnerable to exploitation and adverse working
conditions.
9. Evidence shows that some employers take advantage of the vulnerable
position of the people seeking employment, who are prepared to make
serious compromises for the chance to improve their living conditions and
those of their families left at home. The differences in the respective
national legislation and the absence of any European regulations
on the matter make such abuse possible. Foreign workers in households
often suffer from a lack of information about their rights and possible
remedies against abuses and, when aware of them, often hesitate
to file a complaint, which would most likely result in repercussions
in their relationship with their employers, and possibly could also
affect their residency status.
10. In fact, the sector is far from being homogeneous. Domestic
and care work varies significantly in terms of work content (cleaning,
housekeeping, elderly care, childcare), work arrangements (live-in,
live-out, single or multiple employers, service agencies, informal,
formal), workplace (work in one's own home, in other people's homes
and in nursing homes) and underlying legislation (au pair programmes,
cultural exchanges, or labour legislation).
Note
11. With this in mind, I should mention that there is no clear
legal framework to determine employment conditions for this category
of workers. Their situation is often characterised by heavy workloads,
low wages, and unlawful payments. The working hours of private household
workers in Europe are among the longest and most unpredictable,
and can be between 14 and 18 hours a day, seven days a week, which
clearly represents a breach of Article 2 of the European Social
Charter (revised) which guarantees “reasonably daily and weekly working
hours, as well as a weekly rest period”. The disadvantaged status
of domestic workers also manifests itself in the lack of paid holidays
and lack of benefits such as maternity leave, pension funds and
compensation for injuries, as well as the deprivation of social
and family life. Several cases of rights violations experienced by
migrant domestic workers in diplomats’ households were brought to
my attention; they range from minor labour law infringements to
forced labour and slavery-like practices. It was almost impossible
for victims to seek justice, as their employers were protected by
diplomatic immunity.
Note
12. The reality appears to be even grimmer in the case of undeclared
work, which represents a major problem in Europe, accounting for
18.4% of the European Union's gross domestic product in 2012.
Note As a matter of fact, domestic workers
can often be invisible for purposes of social security registration
or other compulsory declaration requirements. This fact undermines
decent working standards, as workers are deprived of entitlements
under national labour laws and, even where social protection schemes
for domestic workers exist, they are not covered by social security
– therefore, people in undeclared work are denied basic social and labour
rights.
13. Domestic workers from outside the European Union are at greater
risk of abuse because of restrictive immigration-sponsorship policies
that link their visas to their employers. Employers control a worker's immigration
status and ability to change jobs, and sometimes even whether or
not the worker can return home.
Note For
instance, in the United Kingdom, domestic workers from outside the
European Economic Area (EEA) are bound to their employers through
tied-visa systems, which prevents them from leaving to seek employment elsewhere
even if they are subjected to violence and exploitation.
Note
14. The domestic and care work sector employs hundreds of thousands
of migrant women throughout Europe. It is difficult to obtain any
reliable data on the extent of domestic work in Europe, particularly
due to its informal character.
Note According to European Parliament
estimates based on ILO statistics, 2.5 million people are employed
as domestic workers in the European Union, 88% of them women.
Note Some studies estimate a further
one million undocumented (often migrant) workers who are doing this
work in Europe alone.
Note
15. In western European countries, household workers who find
themselves in a disadvantaged situation, come from other EU and
non-EU countries. The majority of this section of the labour force
comes from both members (Bulgaria, Croatia, the Czech Republic,
Estonia, Hungary, Poland, Romania and the Slovak Republic) and non-members
(Republic of Moldova, Russia, Ukraine, Western Balkan countries,
neighbouring Arab countries and African and Asian countries) of
the European Economic Area.
Note
16. Migrant domestic workers are not spread uniformly across Europe,
but rather live predominantly in the States of southern Europe;
they are mostly concentrated in Italy (27.5%), Spain (25%) and France
(23%), as well as in Germany (8.5%) and Portugal (5.1%). In Italy,
more than 80% of registered domestic workers are foreigners; in
France, roughly 28% of the 250 000 domestic workers (employés de maison) and 11% of the more
than 540 000 household workers (aides à domicile) are migrants.
17. It is estimated that jobs and services provided for families
represent 4.9% of European jobs, which demonstrates the economic
significance of this type of service.
Note Domestic work will continue
to be a sector with an important economic impact on European societies,
along with a significant source of employment and income for a growing
section of the labour force. A plethora of factors, including demographic,
cultural and socio-economic aspects, determine a growing need for
these services.
Note
18. The nationality of a worker can often be seen as the source
of discrimination, which can provoke differences in treatment between
different nationalities. These differences in treatment can be related
to employers’ positive or negative stereotypes about the value and
quality of their work as well as to the bargaining power of the
countries of origin and their ability to push for greater protection
for workers. In this context, I would like to give you an example.
According to interviews with Polish employers,
Note Ukrainian migrant
domestic workers are often seen as more hard-working, honest, reliable,
docile, “cheaper” and less prone to argue about their work than
their Polish counterparts.
Note Those
who preferred the Polish over the Ukrainian workers pointed to their
higher standards of cleaning (they were more familiar with the newest cleaning
appliances and detergents). Some Polish employers avoided hiring
Ukrainian women to care for their children due to the “bad accent
problem” that can influence a child’s language development at a
critical age (a reason already noted by other researchers) or to
care for the elderly which may introduce an additional difficulty of
communication into an already challenging situation. Employers often
look for workers who are docile and hard-working, because they find
them easier to exploit.
19. The three interrelated factors shaping the demand for domestic
care are:
- following the transformation
from single to dual wage-earning families, households face difficulties
in combining work with family responsibilities; the rise in women’s
economic participation has put greater pressure on women with family
responsibilities;
- rapid population ageing and increasing life expectancy
are putting a strain on traditional care arrangements (there are
fewer adults to look after the sick and the elderly). This, combined
with tight fiscal policies, has significantly weakened public care
services and, as a consequence, home-based care has become a preferable
solution;
- the increasing cost of living and limited employment opportunities,
along with other factors, leave many people with no other choice
but to seek employment abroad – hence the availability of a cheap
migrant labour force in the sector.
20. States therefore need to deploy efforts to promote the economic
and social value of domestic work in Europe. Hiring a migrant domestic
worker fulfils the need for affordable personal care; it thus offers
a solution to women who struggle to combine domestic and professional
work and who, otherwise, would have to leave the labour market.
Note
21. Given the economic and social importance of the sector, States
should adapt professionalisation policies for domestic workers,
putting a special focus on migrants’ needs. Enhancing such mechanisms
would allow domestic workers with high degrees of professional and
educational attainment to have their skills and diplomas recognised.
Note Policy measures guaranteeing domestic workers’
equal access to specific vocational and professional training programmes,
as well as language courses, should be put in place. In the meantime, alternatives
to unofficial domestic services are still needed, for instance making
available good quality full-day child/elderly care, especially for
the low income population, gender-balanced solutions for parental
leave, etc.
3 Female
workers – the most vulnerable group
22. Foreign women working in households
are among the most vulnerable workers, sometimes exposed to violence
in the workplace and discrimination based on their gender and origin.
In this regard, I would like to recall Article 2 of the European
Social Charter (revised) and Article 1 of Protocol No. 12 to the
European Convention on Human Rights (ETS No. 177) that provides
for “the enjoyment of any right set forth by law without discrimination
on any ground”. Women may face all types of psychological and physical
abuse, including shouting, insults, threats and beatings for work
performance, unannounced absence from the household or refusing
sexual advances from an employer. The lack of occupational safety
standards, health risks, inadequate accommodation and the deprivation
of family life are among other hazards.
Note Awareness-raising
campaigns with a special focus on men should advocate for domestic
work free of discrimination and abuse.
23. Several factors contribute to the particularly vulnerable
position of female domestic workers:
- circumstances conducive to violence: domestic workers
are seen as simple “helpers” who are part of the family;
- unequal power relations between the sexes suppress women
and girls; women cannot properly defend themselves, and are moreover
perceived to be better at mitigating and coping with aggressive
incidents;
- sense of impunity of the employer: female workers have
no legal protection and may fully depend on the job from the standpoint
of their income or their residence permit.
24. One important aspect of the protection of female migrant workers
is related to ensuring their rights as mothers. Many parents migrate
in the hope of mitigating the effects of poverty by supporting their
families through money transfers. The absence of paid annual leave,
restrictive work migration policies and travel costs extend the
separation period into years, sometimes decades.
25. The widespread phenomenon of “white orphans”, children left
in the care of relatives while their parents go abroad in search
of work, has emerged as a consequence of an enlarged Europe. A European
Commission study conducted in 2012, covering 25 countries, found
that 500 000 children had been left behind in Romania, Poland and
the Baltic States. According to a UNICEF study, over 350 000 Romanian
children had at least one parent abroad in 2008, which would account
for 7% of the population under 18 years old. Around 126 000 children
under the age of 10 had both parents abroad.
Note More importantly, children of migrant
workers have been found to be at a higher risk of relational, behavioural
and psychological problems. Such distress impacts children’s psychological
development by generating feelings of abandonment, vulnerability
and reduced self-esteem.
26. Maternity remains a source of discrimination when it comes
to access to employment, treatment at work, and employment termination.
In domestic work, the frequency and occurrence of dismissal on grounds
of pregnancy is alarmingly high.
Note Additionally,
for women during and after pregnancy, a special protection from workplace
risks is required. Yet, very often, as a result of the lack of information
on their rights, female domestic workers continue to perform hazardous
domestic chores involving exposure to chemical agents, extreme temperatures,
carrying heavy loads, work involving physical strain, night work,
or lack of daily and weekly rest, etc.
27. In one case that was recently brought to my attention, a Roma
worker in Germany was put under pressure to have an abortion when
her employers discovered that she was pregnant. When the worker
refused, she was treated increasingly badly, and forced to complete
tasks that should not be undertaken by pregnant women, including
the lifting of heavy objects and working extremely long hours, while
being reimbursed only on the basis of a part-time job. When the
woman gave birth, her employers tried to prevent her from receiving maternity
leave. Such behaviour is completely unacceptable since employers
must treat pregnant women with care, and be flexible where necessary
to ensure that their health and that of their unborn babies are
not endangered by their work routine.
28. Domestic workers labour legislation should include the right
of women to maternity protection and work–family balance, including
paid maternity leave, adequate rest periods, time for breastfeeding,
childcare facilities and freedom from maternity-based discrimination.
Therefore, the member States should extend maternity protection
to the domestic work sphere, while identifying the gaps in current
legal and policy frameworks.
4 Making
the formalisation of the sector a reality in Europe
29. The specificities of domestic
work make any government regulatory and compliance approach quite challenging,
as the sector is characterised by widespread informality and stereotypes.
The relationship between domestic workers and their employers is
unusual, as work is performed in the privacy of the household, in
an environment which does not resemble a typical workplace. The
lack of registries and evidence of abuses, the absence of complaints,
restrictions on inspection visits and cultural differences are among
the most serious challenges, making the work of labour inspectorates
and other supervisory mechanisms particularly difficult.
30. Although many countries’ legislation grants domestic workers
rights in line with those of other workers, significant compliance
and implementation gaps do exist in this respect. In some cases,
the law does not satisfactorily cover the sector or, even where
it does, domestic work is not subject to mechanisms such as labour
inspection.
31. There are many reasons for the reluctance of both householders
and domestic workers to formalise their employment relations. Very
often, employers simply see no financial benefit in formalising
the employment of domestic workers and do not want to bear the burden
of dealing with financial/administrative formalities, such as organising
social and health insurance contributions. Additionally, domestic
work is often perceived as a form of sporadic help rather than a
normal regular job. In other words, the effort of undergoing the
bureaucratic procedures required for the formalisation of domestic
workers’ employment is justified by very minor incentives.
32. For the legislators, there are two main steps to take in order
to ensure the formalisation of the sector. Firstly, it is paramount
to extend the scope of labour and social security legislation so
that it covers and recognises domestic workers. The ILO Convention
plays a key role in this process: following its adoption, some 30
countries
Note have adopted policies and legislative
and institutional reforms aimed at extending or improving the protection
of domestic workers’ labour rights and working conditions.
Note The next step would
consist in setting up appropriate mechanisms to implement and enforce
the law. It would be important to train government staff, raise
awareness and promote a commitment among the target population to
comply with the new standards. Moreover, further substantive studies
on the effects of legislative reforms are required in order to comprehend
the socio-economic behaviour and the decision-making process of
both employers and workers.
33. In practice, two general approaches are used to promote compliance
with the existing standards and stimulate formal arrangements. The
first one is related to detection, deterrence and sanctions, while
the other focuses on removing barriers and strengthening the benefits
of formal jobs. These approaches work better in tandem.
4.1 Detection,
deterrence and sanctions
34. The first approach is designed
to monitor and enforce compliance with labour regulations. The measures include:
- labour inspections;
- complaint mechanisms;
- advice and support to employers and workers and, in particular,
providing legal assistance for those in need;
- dispute settlement systems.
35. Labour inspections have proven rather inefficient in light
of the specificity of domestic work, since inspectors rarely have
access to private households. Labour inspectorates generally mention
that there are currently no specific methods or procedures used
to monitor or enforce the applicable legislation in the domestic
sector.
Note Hence, inspectorates need more reliable
information and knowledge of domestic workers and their situations,
which could be acquired through specific training. The sector particularly
requires effective collaboration between labour inspection services
and the judiciary, social partners and civil society organisations.
One solution in this regard is to improve the labour legislation
by allowing labour inspectorates to have access to private households
in order to check if the rights of domestic workers are duly observed
by the employers. A complaints hotline where concerned workers can
anonymously request labour inspectorates to investigate certain
practices of their employers could be another viable solution.
36. Nevertheless, good practices exist in Ireland where a pilot
programme for the supervision of working conditions of domestic
workers has been introduced.
Note The Irish National Employment Rights
Authority (NERA) has been set up to monitor and secure compliance
with employment laws.
Note Inspectors have the right to interview
an employer and employee outside the home and to demand access to
documentation. At first, the employer is contacted by post with
a request to co-operate by allowing the inspectors to enter the
domicile. If the employer denies access to the household, he has
to provide an alternative meeting place. In order to overcome language
barriers with workers, Ireland relies on inspectors who are fluent
in Lithuanian, Russian, Polish, French, Czech and Slovak. In the
period from January to September 2012, a total amount of 3 140 inspections
were completed.
Note
37. Domestic workers also need affordable legal assistance in
order to be protected from any employer abuses that may occur during
their contract of employment. Bearing in mind that the diplomatic
missions have the duty to represent the interests of their citizens
who are working abroad, they should make legal assistance available
to the workers to ensure that their rights are fully observed.
38. Regarding the complaint mechanism, there is a variety of reasons
for domestic workers’ failure to file complaints: a lack of knowledge
of their rights, social isolation and the fear of being fired, to
mention but a few. Under these conditions, prevention measures appear
to be more efficient. Trade unions could also assist in the process
of filing complaints on behalf of domestic workers.
4.2 Strengthening
the benefits and incentives of formal jobs
39. The second so-called “enabling”
approach focuses on removing existing barriers to the formalisation
of jobs, while strengthening the benefits and incentives of formal
jobs. The main instruments include income tax reductions or tax
credits, VAT reductions, wage subsidies, lower social security contributions
and exemptions. These tools are more efficient when coupled with
the simplification of bureaucratic procedures.
40. In particular, voucher schemes significantly facilitating
the formalisation of domestic workers have been put in place in
France, Belgium and the Swiss canton of Geneva. In 2006, France
introduced the universal service employment voucher (Chèque emploi
service universel or CESU), a scheme that makes it easier for private
citizens to pay for services to individuals. In total, the scheme
covers 21 services. Such a procedure simplifies significantly the
administrative formalities for employers: no registration of domestic
workers is required, and there is no need to draft an employment
contract (if the employee works less than eight hours per week).
Note
41. The voucher book can be obtained free of charge from any bank.
Vouchers comprise two segments; the first segment serves as an ordinary
bank cheque to pay an employee. Otherwise payments can also be made in
cash, by normal cheque or by bank transfer. The net wage paid to
domestic workers cannot be below France’s index-linked all-sector
minimum wage (SMIC). The second
segment serves to declare the hours worked and to calculate the
social contribution. It should be sent to the Centre national du
chèque emploi-service universel (CNCesu) or declared online via
a personal account.
42. In Belgium, the authorities have selected a company which
manages the voucher scheme. Individuals wishing to use the scheme
must first register with this company, and then purchase service
vouchers. Domestic workers paid with service vouchers have a normal
employment contract with some specific features.
Note In the long run, the State benefits
from the voucher system through the reduction of unemployment benefits, increased
revenue from social insurance contributions, and increased VAT revenue
(as people who find jobs via this service potentially consume more).
43. The vulnerability of migrant domestic workers related to the
lack of knowledge of their rights is often matched by the similar
vulnerability of their employers, who are often left alone in facing
difficulties with compliance with labour regulations and paperwork.
It would therefore be important to disseminate good practices and
share information among employers as well as workers, while promoting
the advantages of official employment.
44. Trade unions are currently leading most actions aimed at raising
awareness on the subject and promoting the rights of domestic workers,
among others through collective bargaining. On the workers’ side, self-organising
processes which raise awareness and enhance knowledge about labour
and social rights should be supported and accompanied.
Note Whether
or not such platforms for negotiation are available, the working
conditions of domestic workers are best regulated through the use
of practical tools that are accessible to both workers and employers.
For instance, a model contract and a schedule of tasks to be performed
should be negotiated and agreed upon, along with tools designed
to record working time and breaks.
5 National
legislation and international standards
45. Migrant workers who are willing
to take on the jobs which nationals are reluctant to take as a rule
face a very complex set of migration and labour regulations. Consequently,
irregular migration and informal work are expanding inside the households.
46. In many European Union countries it can be difficult, sometimes
even impossible, to hire a migrant domestic worker legally; major
obstacles are related to national policies on labour migration.
In countries like Denmark, Finland, the Netherlands and Germany,
households are not able to hire a foreigner (from a non-EU country)
legally. In Belgium, France and Spain, although this is possible
in principle, a strict application of the market-test (requiring
proof that no national is willing to take a given job) discourages
employers. Countries where legal hiring is possible may still have
very different regulations in terms of the recruitment system: in
Italy, Belgium and the United Kingdom, the employer needs to offer
financial support to the worker in order to sponsor his/her trip
and stay.
Note
47. Domestic workers lack specific legal protection in countries
such as Greece, the United Kingdom, Denmark, Spain and the Netherlands.
The general labour law is the only source of regulation for domestic
work in Bulgaria, Latvia, Lithuania and Romania. In Poland, domestic
work is not considered employment, but rather a “personal service”.
On the other hand, Italy, Austria, Belgium, France, Portugal and
Sweden are positive examples of countries where the employment of
domestic workers is regulated by a specific collective agreement.
48. Domestic workers enjoy comprehensive rights in France through
the labour law and through three collective agreements. In Italy,
new provisions of a renewed collective agreement include a minimum
wage increase, regulation of remuneration for holidays and paid
annual leave, the right to paid leave to pursue training and the
right to be informed about any health and safety risks. Since 2015,
domestic workers in Germany have been enjoying the right to the
general minimum wage. In the same spirit, Finland has amended the
Act on the Employment of Household Workers and extended the Working
Time Act to domestic workers.
Note
49. The ILO, in ensuring the labour rights of domestic workers,
represents a particular interest. In order to address the specific
challenges which foreign domestic workers face, the ILO launched
a “Global Action Programme on Migrant Domestic Workers and their
Families” in 2013 (2013-2016). The programme sought to promote the
human and labour rights of domestic workers by strengthening the
capacities of policy makers.
Note It concentrated on 10 countries
through five main migration corridors, including that of Ukraine–Poland.
50. An international treaty, the ILO Domestic Workers Convention
No. 189, and Recommendation No. 201 provided the first global standards
to protect domestic workers.
Note The Convention highlights the importance
of ensuring compliance with laws and regulations protecting domestic
workers (including accessible complaint mechanisms), and stresses
the necessity of developing and implementing labour inspection,
enforcement measures and penalties.
51. The Convention provides a clear definition of domestic work
as “work performed in or for a household or households” and a domestic
worker as “any person engaged in domestic work within an employment relationship”.
The Convention enshrines basic rights and minimum standards with
a view to making decent work a reality for domestic workers, among
others:
- enjoyment of fair terms
of employment and decent working and living conditions;
- the right to receive information on the terms and conditions
of employment in an appropriate, verifiable and easily understandable
manner, preferably through a written contract;
- protection against all forms of abuse, violence and harassment;
- the right to a safe and healthy work environment;
- equal treatment between domestic workers and workers generally
in relation to normal hours of work;
- overtime compensation, periods of daily and weekly rest
and paid annual leave;
- inclusion in minimum wage coverage; regular payment, at
least once a month, in cash or, with the consent of the worker,
by other lawful means;
- enjoyment of conditions not less favourable than those
applicable to other workers in respect of social security protection,
including with respect to maternity;
- effective access to courts, tribunals and other dispute
resolution and complaint mechanisms;
- the right of domestic workers to create and join organisations
of their own choosing, whose members should be free of any kind
of pressure and persecution;
- the right to keep their identity and travel documents
in their possession.
52. Recommendation No. 201 supplements the Convention and provides
practical guidance useful for the implementation of the principles
and rights set out in it. It offers measures and tools for addressing
informality through model contracts, working time records and procedures
for payment of social security contributions.
53. By the European Union Council Decision of 28 January 2014,
European Union member States were authorised to ratify the latter
Convention.
Note So far, it has been ratified by
only 23 countries worldwide, including Belgium, Finland, Germany,
Ireland, Italy, Portugal and Switzerland.
Note Over 30 countries have extended protection
to domestic workers, and at least 18 States are working to this
end, considering law or policy reform to extend protections.
Note
54. Ensuring the ratification of this vital Convention by all
member States will be a long and strenuous process. For those who
have already ratified it, progressive implementation is key. The
Convention should be implemented by extending or adapting existing
laws and regulations, or by developing new and specific measures
for domestic workers. In its 2012 Employment Package, the European
Commission underlined the role of the implementation of the Domestic
Workers Convention in improving working conditions in personal services.
Note Therefore, the Assembly should encourage
member States to ratify and implement the ILO documents, in accordance
with the European Social Charter (revised).
55. Equally importantly, in 2016, the European Parliament adopted
a resolution on women domestic workers and carers in the European
Union, which calls on the European Union to recognise their employment
and social rights. A number of measures were proposed, including
granting official status to domestic workers and carers in the European
Union; ensuring adequate inspection methods; the inclusion of domestic
workers and carers in all national labour, health care, social care
and anti-discrimination laws, as well as the possibility to join
trade unions; and promoting the professional recognition of the
skills and qualifications of domestic workers and carers. The resolution
encourages all member States to urgently ratify ILO Convention No.
189 and to ensure that it is applied stringently.
Note
6 Conclusions
and recommendations
56. The effective protection of
the employment rights of migrant domestic workers is still a major
challenge worldwide, including in Europe.
Note In general, working conditions for
domestic workers are significantly below the minimum level of protection
guaranteed by law. The key issues that need to be addressed by the
legislators concern fixing minimum wages for domestic workers, providing
weekly days off and paid annual leave, protecting them from physical
and sexual abuse and ensuring social security. The Assembly should
encourage the drawing up of a comprehensive set of initiatives and
prevention measures aimed at ensuring that domestic workers’ labour
rights are upheld in all member States.
57. Given the significant economic importance of the sector, there
is an urgent need to promote the public acceptance of domestic work
as “real” work and make sure that employers are interested in the
formalisation of the employment of workers. General awareness raising
along with specific education and training programmes for workers
could help tackle the issue. Meanwhile, substantial support should
be given to the organisation of household workers and to a greater
involvement of trade unions.
58. In order to enhance the protection of domestic workers through
labour law, it is important to assess the domestic work sector in
the country concerned, conduct a thorough analysis of existing national
law and identify areas where better protection is needed. ILO Domestic
Workers Convention No. 189 is the key comprehensive instrument,
providing guidance on law and policy making aimed at improving the
design of the labour law for domestic workers. The Assembly should
recommend an immediate and meaningful ratification and implementation
of the latter Convention by all member States.
