Decent work for domestic workers “They embrace a large and growing category of workers who are often migrants or members of disadvantaged communities. Their work is often hidden, their vulnerability high…” – Sr. Juan Somavia, former Director-General , ILO. The announcement that radio personality, Mr. Larry Mayers, has been chosen by the Barbados Workers’ Union as a champion for domestic workers in the union’s effort to have Barbados ratify the Domestic Workers Convention, adopted by the International Labour Conference of the International Labour Organisation on June 16, 2011, marks a signal approach of the BWU to the precepts of international labour law in this. We should wish Mr. Mayers every success in his mission. We are all too frustrated and familiar in these parts with the practice of states ratifying international treaties and conventions, only to leave them enforceable in international law only through a failure to translate the benefits of their provisions into national legislation. We note, however, that part of Mr. Mayers’ remit in this instance will entail ensuring that the competent authority, which is Parliament, passes the attendant legislation. Should this objective be achieved, the Barbadian domestic worker will thereby be assured of and able to vindicate all the protections provided by the instrument. This Convention, designated as No.189, offers specific protection to domestic workers by requiring member states to take a series of measures intended to make domestic work decent work. According to the Director-General of the ILO, as he then was, Sr. Juan Somavia, both the Convention and its accompanying Recommendation, No. 201, are “founded on the fundamental premise that domestic workers are neither “servants”, nor “members of the family” nor second class workers”. The Convention in Article 1 defines “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 covers all domestic workers, although it is possible, by Article 2(2), for countries to exclude certain categories in restricted circumstances. Article 3 enjoins each party to the Convention to take measures to ensure the effective promotion and protection of the human rights of all domestic workers and also the fundamental principles and rights at work , including the rights to organise, to bargain collectively and not to be discriminated against in respect of employment. The Convention also requires that domestic workers must be informed of their terms and conditions of employment in an easily understandable manner, preferably through a written contract [Article 7], while other provisions cover hours of work – including a weekly rest period of at least 24 hours; remuneration – including the right to a minimum wage if this exists for other workers [Article 11]; occupational safety and health-the right of the domestic worker to a safe and healthy working environment; and social security –including maternity benefits. Specific provision is made for live-in domestic workers who should be under no obligation to remain in the household or with its members during their periods of rest or leave and who should also enjoy the right to keep their identity and travel documents in their possession. Further obligation is placed on a member state to the Convention to ensure for the worker effective access to a court, tribunal or some other effective dispute settlement mechanism to file a complaint. In his prefatory remarks, Sr. Somavia noted that “for the first time, international instruments are [being] applied to an essentially informal segment of the global workforce. Due recognition is given to the social and economic value of domestic work… Yet, as always, the adoption of these standards is a beginning –they need to be ratified and implemented...” It is at this stage, we expect, where Mr. Mayers comes in.
Posted on: Sun, 02 Feb 2014 00:55:30 +0000
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