ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Domestic Workers Convention, 2011 (No. 189) - Ecuador (Ratification: 2013)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations made by the Association of Paid Household Workers (ATRH), received on 3 September 2018 and 29 September 2020. The Committee also notes the Government’s reply to these observations, received on 12 November 2020.
Impact of the COVID-19 pandemic. The Committee notes that the vulnerability of domestic workers to deficits in decent working and living conditions has been exacerbated at the global and national levels, as a result of the crisis caused by the COVID-19 pandemic. According to ILO estimates, in June 2020, 72.3 per cent of domestic workers worldwide had been significantly affected by the pandemic. The Committee further notes that the majority of domestic workers affected (76 per cent) work in the informal economy and, therefore, often do not have access to social security benefits. In this context, the Committee notes that, in its observations, the ATRH emphasizes that the working and living conditions of paid domestic workers in the country have been severely affected by the pandemic. In particular, the ATRH indicates that, faced with the need to keep their jobs, many domestic workers have been compelled to accept precarious working conditions (wage reductions, working days of more than eight hours, remaining at the workplace for more than 24 hours and increased workload). Furthermore, the ATRH reports that in many cases, domestic workers work without personal protective equipment (PPE) to protect them against possible infection with COVID-19. In this regard, the Committee emphasizes the importance of taking the necessary measures to ensure the security and safety of domestic workers (Article 13 of the Convention), particularly in the context of the pandemic, since they are front-line workers who are likely to be assigned responsibility for caring for the sick in the employer’s home. The ATRH further underscores the need for the Government to provide information on cases of violence against domestic workers identified during the pandemic. The Committee also notes the information provided by the Government in its reply of 2020 concerning the measures adopted in the context of the health emergency with a view to mitigating its impact on the working and living conditions of domestic workers. In this regard, the Government refers, inter alia, to the “Safe Paid Household Workers” and “Safe Work” information campaigns conducted in May and June 2020, as well as three virtual workshops on the labour standards applicable to domestic workers and the various complaints procedures available. The Government reports that 67 domestic workers members of the Single National Union of Paid Household Workers of Ecuador (SINUTRHE) and the National Union of Household and Allied Workers (UNTHA) participated in these workshops. Lastly, the Government indicates that during the pandemic, social dialogue with domestic workers’ organizations has been maintained through the “Inter-institutional committee for the support of the rights of paid household workers”. The Committee invites the Government to provide updated and detailed information on the impact of the pandemic on the application of the Convention, including information on the measures adopted or envisaged to mitigate the impact of the pandemic on decent living and working conditions for domestic workers in the country.
Article 1 of the Convention. Definition of domestic work and domestic worker. Occasional or sporadic domestic workers. In its previous comments, the Committee noted that section 262 of the Labour Code defines domestic service as “that which is provided, for remuneration, to a person seeking only to make use of the ongoing services of the worker on a not-for-profit basis in the personal or family residence, whether or not the worker resides in or outside the employer’s household”. In this regard, the Committee noted that the inclusion of the term “ongoing services” implies that discontinuous or sporadic domestic service is not considered to be domestic work. Moreover, it noted that section 17 of the Labour Code envisages continuous or discontinuous casual contracts, occasional contracts and seasonal contracts as contractual arrangements for a fixed period of time, while section 265 provides that the contract for domestic work is for an indefinite period. In this respect, the Committee recalled that, irrespective of the type of contract covering workers who provide domestic services, the definition of domestic worker set out in Article 1 of the Convention only excludes persons who perform domestic work occasionally or sporadically and not on an occupational basis. The Committee therefore requested the Government to indicate the manner in which it is ensured that persons who perform domestic work occasionally or sporadically, but who do so on an occupational basis, benefit from the guarantees set out in the Convention. The Committee notes that the Government has not provided information on this subject in its report. The Committee also notes that, in its observations, the ATRH indicates that the term “domestic work” has discriminatory connotations in the socio-cultural context of Ecuador and considers that the term “paid household work” is more appropriate to the objective of guaranteeing the dignity and respect for the rights of workers in the sector in the country. The Committee recalls that the International Labour Conference, during the preparatory work for the domestic work instruments, clarified that the expression “trabajadora o trabajador del hogar” (household worker) is synonymous with “domestic worker” (ILO: Provisional Record No. 15, International Labour Conference, 100th Session, Geneva, June 2011, para. 179).  The Committee once again requests the Government to indicate the manner in which it is ensured that persons who perform domestic work occasionally or sporadically, but who do so on an occupational basis, are covered by the guarantees established in the Convention.
Article 3(2)(a) and (3). Freedom of association and effective recognition of the right to collective bargaining. In its previous comments, the Committee noted that, in its observations, the ATRH indicates that, due to the imposition of certain requirements for the establishment of unions (including the required number of workers (30) to establish associations), the right to organize of domestic workers is limited. The Committee referred previously to its 2015 observation on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it considered that this number was excessive and requested the Government to amend the relevant legislation. The Committee notes the discussion in the Committee on the Application of Standards on the application of Convention No. 87 at the 106th Session (2017) of the International Labour Conference. In particular, the Committee notes that the Committee on the Application of Standards requested the Government to initiate a process of consultation with the most representative employers’ and workers’ organizations to identify how the current legislative framework needs to be amended in order to bring all the relevant legislation into compliance with Convention No. 87. The Committee notes the Government’s indication in its report that section 440 of the Labour Code establishes the right to freedom of association of all workers and employers, without distinction whatsoever and without the requirement for prior authorization. It also reports the approval in 2016 of Ministerial Decision No. 142 which established SINUTRHE. However, the Committee notes that the ATRH complains of the persistence of the limitations referred to on the establishment of unions, including by domestic workers. The ATRH emphasizes that the requirement established under section 449 of the Labour Code that workers must be from the same undertaking prevents most domestic workers, who work in separate private homes and not for the same undertaking, from forming unions. In this regard, the Committee recalls that the specific characteristics of domestic work, which in many cases include a high degree of dependence on the employer (particularly in the case of migrant domestic workers) and the frequent isolation of domestic workers in their workplaces, are factors which make it particularly difficult for domestic workers to establish and join unions. The protection of freedom of association and the right to collective bargaining is therefore of special importance in this sector and it is necessary to adopt measures to guarantee these rights of domestic workers in both law and practice.
The Committee notes that, in its reply, the Government indicates that the specified requirements for the establishment of workers’ organizations and the conclusion of collective agreements are consistent with the principles of democracy, participation and transparency, since the benefits obtained through a collective agreement are applicable to all workers in the employing enterprise or institution. The Government indicates that, in practice, the statutes of those domestic workers’ organizations that comply with these requirements are approved and registered. According to information provided by the Directorate of Labour Organizations in the Ministry of Labour, there are three legally constituted domestic workers’ organizations in the country, namely: the National Association of Paid Household Workers (ASONAT); the Association of Paid Household Workers of Guayaquil; and SINUTRHE. Furthermore, the Government refers to activities carried out to promote the labour rights of domestic workers by the Directorate for Attention to Priority Groups in the Ministry of Labour, with the CARE Ecuador Foundation, with a view to providing training to SINUTRHE and UNTHA. Furthermore, on 15 November 2019, an inter-institutional letter of commitment to the establishment of the “Committee for the support of the rights of paid household workers” was signed by various stakeholders including the Ministry of Labour, the Ecuadorian Confederation of Free Trade Union Organizations (CEOSL), SINUTHRE, UNTHA and the National Council for Gender Equality. The Government indicates that the objective of this committee is to establish a space for social dialogue and for the coordination of actions in favour of domestic workers. The ATRH, for its part, asserts that not all paid household workers’ organizations are equitably represented on the dialogue committees that have been established. The Committee refers once again to its comments on the application of Convention No. 87, and particularly those in which it trusted that the current legislative reform would contribute to the reform of the various provisions of the Labour Code to lower the minimum number of members required to establish workers’ organizations. The Committee also requests the Government to continue to provide detailed and updated information on the measures adopted or envisaged to promote and guarantee in practice the right of domestic workers to freedom of association and collective bargaining.
Articles 3(2)(c) and 4. Child labour. The Committee notes that the minimum age for domestic work is 15 years, in accordance with the provisions contained, among others, in section 262, third subsection, of the Labour Code and section 82, first subsection, of the Code of Children and Young Persons. Moreover, Ministerial Decision No. MDT-2015-0131 of the Ministry of Labour, issuing the list of hazardous types of work for young persons, explicitly prohibits domestic work by young persons who reside in the household. Section 5 of the Ministerial Decision also requires the progressive elimination of domestic work by young persons who do not reside in the household. The ATRH observes that, although the Ministerial Decision represents great progress in legal terms, it is necessary to adopt additional measures in collaboration with the social partners and to establish effective supervisory mechanisms through labour inspection and the imposition of adequate sanctions for violations of the legislation prohibiting child domestic work with a view to ensuring its elimination in practice. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the abolition in practice of child domestic work. It also requests the Government to provide information on the impact of Ministerial Decision No. MDT-2015-0131 on the elimination of domestic work by young persons residing in the household. The Committee further requests the Government to provide information on the number of complaints of child domestic work reported, the penalties imposed on those responsible and the compensation granted to the victims.
Article 5. Abuse, harassment and violence. The Committee notes the Government’s information that Article 331(2) of the Constitution of the Republic of Ecuador prohibits any form of discrimination, harassment or acts of violence of any type, whether direct or indirect, affecting women at work. The Government adds that section 166 of the Basic Comprehensive Penal Code (COIP) criminalizes sexual harassment. In 2017, the Act was adopted to prevent and eradicate violence against women, which includes the workplace among the areas in which violence is committed against women. In particular, section 12(3) of the Act provides that the working environment “includes the labour context in which the right to work is exercised and where productive activities are undertaken, in which violence is committed by persons who have a labour relation or work with the victim, irrespective of the hierarchical relationship. It includes: making recruitment or job retention conditional upon favours of a sexual nature; the refusal to recruit the victim or agree to her retention in work or general conditions of work; public discredit through the work performed and denial of access to equal remuneration for equal work or functions: and the refusal to grant women time off for pregnancy and nursing.” The Act sets out protection measures in cases of violence, which can be applied by the courts, and measures of an administrative nature which can be ordered by Cantonal Boards. The Committee notes that, according to the statistics of the Office of the Public Defender, of the total of 300 investigations completed, 65 per cent were related to violence against women domestic workers. Nevertheless, the Committee notes that specific measures have not been adopted to ensure in practice the effective protection of domestic workers, both women and men, against any form of abuse, harassment and violence. In this regard, the ATRH emphasizes the need to set up a direct telephone line to enable domestic workers to make complaints in cases of abuse and ill-treatment with a view to obtaining a response and an immediate solution from the competent authority. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring in practice the effective protection of domestic workers against any form of abuse, harassment or violence. The Committee also requests the Government to provide statistical data, disaggregated by sex, on the number of complaints received of harassment, abuse and violence in the context of domestic work, which have been made to the various competent bodies, their outcome, the penalties imposed on those responsible and the compensation granted.
Articles 6 and 9. Domestic workers who reside in the household. Decent living conditions that respect their privacy. Freedom of movement during periods of daily and weekly rest or annual leave. In reply to the Committee’s previous comments, the Government indicates that section 268 of the Labour Code provides that “in addition to the remuneration determined, it is the duty of the employer to provide the domestic worker with food and accommodation, unless agreed to the contrary …”. The Committee notes that the ATRH emphasizes the importance of domestic workers having private accommodation in order to prevent acts of violence, harassment, physical attacks and sexual harassment by the employer or persons close to the employer. The ATRH adds that measures must be adopted with a view to ensuring that the employer provides reasonable notice for domestic workers in respect of the termination of the employment relationship for faults that are not serious, so that they can seek new employment and/or accommodation, in accordance with Paragraph 18 of Recommendation No. 201. Finally, the Committee notes that the Government has not provided information on the manner in which the freedom of movement of domestic workers is ensured during periods of daily and weekly rest or annual leave. The Committee requests the Government to adopt the necessary measures with a view to ensuring that the accommodation that the employer shall provide to domestic workers under the terms of section 268 of the Labour Code includes at least: a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock; access to suitable private sanitary facilities; adequate lighting; and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household, in accordance with Paragraph 17(a) to (c) of Recommendation No. 201. The Committee also requests the Government to take the necessary measures to ensure that domestic workers whose employment relationship is being terminated for faults that are not serious have reasonable notice to seek new employment and/or accommodation. Furthermore, it requests the Government to indicate the manner in which it is ensured that domestic workers who reside in the household are not obliged to remain in the household or with household members during the periods of rest recognized in the legislation.
Article 7. Easily understandable information on terms and conditions of employment. In its previous comments, the Committee noted the Government’s indication that a draft ministerial decision was being drawn up which would contain a chapter on the minimum provisions to be contained in employment contracts in the domestic work sector. The Committee trusted that the draft decision would duly take into account the provisions of Article 7 of the Convention. However, the Committee notes that the Government has not indicated whether the draft ministerial decision has been adopted. Furthermore, the Committee notes that section 262(2) of the Labour Code provides that matters not covered in the contract shall be determined in accordance with local custom. In this regard, the Committee recalls that Article 7 of the Convention provides that measures shall be taken to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws, regulations or collective agreements. Accordingly, the Convention does not envisage local custom as a source of legal provisions governing the terms and conditions of employment of domestic workers.
The Committee also notes that, in its observations, the ATRH indicates that many paid household workers are without contracts. The Committee notes the various measures proposed by the ATRH with a view to ensuring that domestic workers understand their terms and conditions of employment. Among other measures, the ATRH emphasizes the need to establish the requirement to register contracts of employment with the competent authority. It adds that it is necessary to conduct awareness raising and information campaigns in a language and format that is easily understandable for all paid household workers concerning their rights, as well as complaint procedures and the legal remedies to which they have access. Furthermore, the ATRH refers to the model contracts for full- and part-time remunerated household work that are available on the website of the Ministry of Labour. The ATRH complains that these models do not include information on the specific activities to be performed by the domestic worker, which may give rise to abuse in practice, and underscores the need to establish different categories of activity (such as caring activities, or cleaning and maintenance activities). Moreover, it emphasizes the need to amend various clauses in the model contract, such as by introducing the obligation to specify the place of work and possible changes thereto. In its reply, the Government indicates that these models were developed in the context of the “Inter-institutional committee for the support of the rights of paid household workers” with the participation and input of SINUTHRE and UNTHA. The Government adds that measures are being taken with a view to amending these model contracts. The Government reports that in 2020, there are 67,161 registered domestic employment contracts. Furthermore, the Government indicates that on 30 September and 1 October 2020, online training sessions for paid household workers and employers, respectively, were held, on the rights and duties of both parties in relation to matters such as the minimum wage, pay for additional hours and overtime and holiday pay, as well as on the implementation of the new Basic Act on Humanitarian Support to Combat the COVID-19 Health Crisis. In addition, the Government refers to the participation of 130 women in training courses under the category “Specialist home and building maintenance worker – cleaning and disinfection”, organized by the Ecuadorian Vocational Training Service (SECAP) with a view to professionalizing domestic work. The Committee requests the Government to adopt the necessary measures with a view to ensuring that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner. In this regard, the Committee requests the Government to adopt the necessary measures with a view to amending the model contracts of employment established for domestic work, in accordance with Paragraph 6 of Recommendation No. 201, and to provide a copy thereof to the ILO when they have been adopted. It also requests the Government to take the necessary measures to amend section 262(2) of the Labour Code to ensure that the terms and conditions of employment of domestic workers are always established in accordance with the national legislation or collective agreements.
Article 8. Migrant domestic workers. The Committee notes that the ATRH emphasizes the need to take measures with a view to ensuring equality of opportunity and the effective protection of migrant domestic workers, including measures to ensure that they are aware of their rights. In its reply, the Government indicates that, in accordance with article 9 of the national Constitution, foreigners enjoy the same rights and duties as nationals. The Government refers to the adoption of measures with a view to guaranteeing the rights of migrant workers in practice, such as the issuance of employment authorizations and certificates free of charge in order to enable foreigners to work in the public sector. The Committee notes, nevertheless, that the Government does not provide specific information on migrant domestic workers. The Committee therefore requests the Government to provide detailed and updated information on the measures taken or envisaged with a view to ensuring compliance in practice with this Article of the Convention.
Article 9(c). Right of domestic workers to keep in their possession their travel and identity documents. With reference to migrant workers, the Government indicates that section 159 of the Basic Act on Human Mobility prohibits the retention of the travel documents of any person who enters, leaves or remains on the territory of Ecuador, except in cases when they are demonstrated to be false or void. Section 13 of the Act defines travel documents as those documents acceptable as proof of identity of persons entering a country other than their own. However, the Committee notes that the Government has not provided information on the manner in which it is ensured that national domestic workers have the right to keep in their possession their travel and identity documents, nor the manner in which it is ensured that migrant domestic workers have the right not only to keep in their possession their travel documents, but also their identity documents. The Committee therefore requests the Government to provide detailed information on the manner in which it is ensured in practice that all domestic workers, including national domestic workers, have the right to keep in their possession their travel and identity documents.
Article 11. Minimum wage coverage. The Committee notes that, under the terms of the Minimum Wage Act, the minimum wage of domestic workers has been brought into line with that of other employed persons since 2010. Between 2012 and 2018, the minimum wage was increased from US$275 to US$386 for 40 hours of work a week. However, the ATRH indicates that, although the law requires the payment of the minimum wage to paid household workers, in practice it is necessary to provide guidance and education to employers and workers with a view to ensuring that employers comply with the legal requirement and workers demand the labour rights. The Committee requests the Government to provide detailed and updated information on the measures adopted with a view to ensuring in practice that domestic workers are covered by the established minimum wage. It also requests the Government to provide statistical data, disaggregated by sex and age, on wage trends for domestic workers. The Committee further requests the Government to provide copies of court rulings in cases of failure to comply with the requirement for employers to pay domestic workers the minimum wage.
Article 13. Effective measures to ensure occupational safety and health. In reply to the Committee’s previous comments, the Government indicates that on 13 September 2017 the Directorate of Occupational Safety and Health and Comprehensive Hazard Management participated in an inter-institutional meeting, together with the SINUTRHE, in which a road map was approved for action in relation to occupational safety and health in the domestic work sector. However, the Government adds that it has not been possible to implement the road map due to disagreements within the SINUTRHE. The Government adds that the Directorate of Occupational Safety and Health and Comprehensive Hazard Management is gathering information on good practices in other countries with a view to providing guidance on occupational safety and health for domestic workers. In its observations, the ATRH indicates that it is necessary to adopt specific legislation, conduct awareness-raising campaigns and develop an information guide on the risks faced by paid household workers in the workplace. In this regard, the Government reports that in June 2020, the “Guide for the prevention of occupational risks for men and women domestic workers”, which is available on the web page of the Ministry of Labour, was published. The Committee requests the Government to continue to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the occupational safety and health of this category of workers, with due regard for the specific characteristics of domestic work, in accordance with the Convention.
Article 14. Access to social security. The Government indicates that Article 369 of the Constitution of the Republic of Ecuador provides that compulsory universal insurance shall be extended to the whole of the urban and rural population, irrespective of their employment situation. Section 242 of the Basic Comprehensive Criminal Code (COIP) establishes the penalty of imprisonment for between one and three years for the unlawful retention of social security contributions. Section 244 of the COIP also provides for prison sentences of between three and seven days for employers who do not register their workers with the compulsory social security scheme. The Committee notes that, based on data from the Ecuadorian Social Security Institute (IESS), in February 2018 there were 61,592 domestic workers registered, 88 per cent of whom were women. However, the ATRH indicates that the number of paid household workers who are not registered with the IESS is very high in the country. In this regard, the ATRH considers that measures need to be adopted to control compliance by employers with the requirement to register their domestic workers with the IESS. The ATRH states that there is a need to adopt guidelines establishing equal conditions for domestic workers in comparison with other workers with regard to health coverage and maternity care. In this regard, the Government indicates that domestic workers are entitled to the same rights as those established by law for other workers with regard to maternity periods and maternity care. The Committee requests the Government to provide detailed information on the measures adopted or envisaged with a view to promoting the registration of domestic workers with the social security system, such as information campaigns on the right of domestic workers to have access to social security and inspection campaigns to supervise compliance with the obligation for employers to register their domestic workers with the Ecuadorian Social Security Institute. The Committee also requests the Government to provide updated statistical data, disaggregated by sex and age, on the number of domestic workers registered with the Ecuadorian Social Security Institute.
Article 15(1)(b). Machinery and procedures for the investigation of fraudulent practices by private employment agencies. In its previous comments, the Committee noted the information provided by the Government concerning a meeting of a policy forum on the rights of paid household workers, attended by representatives of the Government and the ATRH, in which it was decided to review the regulations on the functioning of private employment agencies with a view to increasing control over them. The Committee requested the Government to provide information on any developments in this regard. However, the Committee notes that the Government has not provided information on this subject. The ATRH indicates that such control is difficult in practice, as there are no precise data on the number of employment agencies operating in the country, or the number of paid household workers who make use of their services. In its reply, the Government indicates that the Ministry of Labour is exploring the possibility of issuing legislation that would allow further regulation of employment agencies with the aim of ensuring compliance with labour legislation with regard to conditions of work, including remuneration, benefits, bonuses and allowances. Lastly, the Committee notes that the ATRH proposes to develop a database containing information about its members as a mechanism for validating their skills and recommending them as specialized workers. For its part, the Government indicates that the adoption of legislation enabling workers’ organizations to create such a database is feasible. The Committee once again requests the Government to provide information on the measures adopted or envisaged to review, in collaboration with the social partners, the regulations on the functioning of private employment agencies with a view to exercising increased and effective control over them in the domestic work sector.
Article 16. Access to justice. In its observations, the ATRH emphasizes the low number of complaints made to the courts by domestic workers due to their lack of knowledge of their rights and the lack of resources to be able to have access to justice. It adds that, although following the adoption of the General Basic Procedural Code, more flexible procedures have been established for the application of justice, it is also necessary to make the procedures followed by the administrative labour authorities more flexible, as they are the first authorities to receive complaints and denunciations before court proceedings are initiated. In this respect, the ATRH highlights the need to develop, in collaboration with domestic workers’ organizations, advisory schemes for paid household workers, in particular those with a low level of education, in a format and language that they can understand. In this regard, the Government refers to the publication in February 2019, with the support of the “Inter-institutional committee for the support of the rights of paid household workers”, of the “Guide to Support for Paid Household Workers in case of Violation of Rights, Harassment and Violence in the Workplace”. The Government indicates that this publication, which is available on the web page of the Ministry of Labour, is a tool for the promotion of labour rights and for the identification of cases of violence and harassment in the workplace. Furthermore, the Government reports that a mobile application, “TRH Unidas” (Paid Household Workers United), has been developed as a free tool providing information on domestic workers’ labour rights, including on guidelines for the identification of cases of violence and the various entities providing administrative and legal support. In addition, it argues that there is a need for a mediation programme that includes paid household workers. In this regard, the Government indicates that domestic workers, like other workers, can access the alternative conflict management services of the Directorate of Mediation in the Ministry of Labour. The Committee requests the Government to specify the various remedies to which domestic workers have access and to indicate the measures adopted or envisaged by the Government to facilitate the access to justice of men and women domestic workers in relation to the various remedies. It further requests the Government to continue to provide information on the established legal advisory mechanisms and on the available procedures and mechanisms accessible by and in a format or language understandable to all domestic workers.
Article 17(1). Complaint mechanisms. The Committee notes that, according to the information compiled by the regional departments of the Ministry of Labour, between 2016 and May 2018, a total of 1,387 complaints were made concerning violations of the rights of domestic workers. Most of the complaints alleged the failure to pay wages, non-compliance with the requirement of registration with the IESS or unjustified dismissal. The Committee also notes that the ATRH reiterates its previous observations, in which it emphasized the need to guarantee flexible and easily understandable complaint mechanisms, to provide competent legal advice in places where complaints are lodged and to build the capacities of the officials responsible for receiving complaints and of inspectors on the specific characteristics of the sector, with a view to ensuring compliance with the labour laws established for this category of workers. The Committee further notes the reports by the ATRH of the persistent difficulties faced by domestic workers in lodging complaints. Among other obstacles, the ATRH explains that, when lodging complaints, domestic workers are requested to provide information that is sometimes not within their knowledge, such as the email address and the work telephone number and address of their employer. In its reply, the Government indicates that, in the context of the “Inter-institutional committee for the support of the rights of paid household workers”, a protocol for complaints for domestic workers is to be developed, with a view to providing information on the measures that they can take in the event that their rights are violated. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged to ensure the access of domestic workers to effective complaint mechanisms, including legal advice and information on accessible procedures and mechanisms in a form and language that is easily understandable by all domestic workers, including indigenous domestic workers. The Committee also requests the Government to provide information on the number of complaints made by domestic workers to the various competent bodies, their outcome, the penalties imposed on those responsible and the compensation granted in cases of violations. It further requests the Government to send a copy of the complaints protocol for domestic workers, once this is available.
Article 17(2) and (3). Labour inspection and penalties. Access to household premises. In its previous comments, the Committee noted the wide-ranging awareness-raising and information campaigns undertaken, as well as the home inspections undertaken in various urban areas with a view to informing domestic workers of their labour rights. It also noted the observations of the ATRH, in which it emphasized the need to: establish mechanisms to monitor the payment of holidays and compliance with the payment of minimum wages (particularly in provincial rural areas); strengthen registration and notification procedures for occupational accidents and diseases in paid household work; and enforce the compensation process in the event of occupational accidents and diseases. In this regard, the Committee requested the Government to provide information on the impact of the awareness-raising and information campaigns and on the planned follow-up action. The Government indicates that labour inspections in the domestic work sector are conducted as a result of complaints by workers to the provincial departments of labour and the public service (section 545 of the Labour Code). The Government adds that only comprehensive inspections are carried out at the initiative of the inspection services. The Committee notes the information provided by the Government in its reply of 2020 with regard to the procedure followed by the labour inspectorate when a complaint is submitted, as well as the procedure established for those cases in which a violation by the employer is established. In this regard, the ATRH reiterates its earlier observations and emphasizes the need to increase the number of comprehensive labour inspections in the domestic work sector. The ATRH also complains that, during labour inspections in the paid household work sector, inspectors only meet the employer. The ATRH emphasizes that this leaves domestic workers in a defenceless position and places their employment situation at risk as, in many cases, when complaints are made, employers engage in reprisals against their workers. The ATRH also denounces the fact that training, supervision and evaluation measures have not been implemented for labour inspectors engaged in inspections in the domestic work sector with a view to eliminating potential discriminatory approaches. The ATRH indicates that, despite its participation with the Government in the preparation of a pilot project for inspections in the paid household work sector, it has not yet been implemented. Lastly, the Committee notes that the Government reports that, between 2018 and September 2020, 766 inspections were carried out in the domestic work sector, of which 714 were closed and 35 are pending; in 17 cases, a fine was imposed on the employer (on grounds such as absence of contract, non-affiliation with the IESS or non-payment of additional hours and overtime). In this regard, the ATRH complains that the fines imposed on employers are insufficient to ensure that they fulfil their obligations in practice. The Committee requests the Government to provide updated and detailed information on the measures adopted or envisaged with a view to giving effect in practice to labour inspection measures, having due regard for the special characteristics of domestic work, in accordance with the national legislation. In this regard, while noting the complexity of labour inspection in the private residences in which domestic workers are engaged, the Committee reminds the Government of the possibility of requesting ILO technical assistance in this respect, including with regard to the development or implementation of appropriate measures to protect domestic workers from possible reprisals and to address the concerns expressed by the workers’ organization. The Committee also requests the Government to provide updated information on the number and type of inspections in the sector (complaints-driven and comprehensive inspections), the number of infringements detected and the penalties imposed.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations made by the Association of Paid Household Workers (ATRH), received on 3 September 2018. The Committee requests the Government to provide its comments in this regard.
Article 1 of the Convention. Definition of domestic work and domestic worker. Occasional or sporadic domestic workers. In its previous comments, the Committee noted that section 262 of the Labour Code defines domestic service as “that which is provided, for remuneration, to a person seeking only to make use of the ongoing services of the worker on a not-for-profit basis in the personal or family residence, whether or not the worker resides in or outside the employer’s household”. In this regard, the Committee noted that the inclusion of the term “ongoing services” implies that discontinuous or sporadic domestic service is not considered to be domestic work. Moreover, it noted that section 17 of the Labour Code envisages continuous or discontinuous casual contracts, occasional contracts and seasonal contracts as contractual arrangements for a fixed period of time, while section 265 provides that the contract for domestic work is for an indefinite period. In this respect, the Committee recalled that, irrespective of the type of contract covering workers who provide domestic services, the definition of domestic worker set out in Article 1 of the Convention only excludes persons who perform domestic work occasionally or sporadically and not on an occupational basis. The Committee therefore requested the Government to indicate the manner in which it is ensured that persons who perform domestic work occasionally or sporadically, but who do so on an occupational basis, benefit from the guarantees set out in the Convention. The Committee notes that the Government has not provided information on this subject in its report. The Committee also notes that, in its observations, the ATRH indicates that the term “domestic work” has discriminatory connotations in the socio-cultural context of Ecuador and considers that the term “paid household work” is more appropriate to the objective of guaranteeing the dignity and respect for the rights of workers in the sector in the country. The Committee recalls that the International Labour Conference, during the preparatory work for the domestic work instruments, clarified that the expression “trabajadora o trabajador del hogar” (household worker) is synonymous with “domestic worker”.  1 The Committee once again requests the Government to indicate the manner in which it is ensured that persons who perform domestic work occasionally or sporadically, but who do so on an occupational basis, are covered by the guarantees established in the Convention.
Article 3(2)(a) and (3). Freedom of association and effective recognition of the right to collective bargaining. In its observations, the ATRH indicates that, due to the imposition of certain requirements for the establishment of unions (including the required number of workers (30) to establish associations), the right to organize of domestic workers is limited. The Committee referred previously to its 2015 observation on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it considered that this number was excessive and requested the Government to amend the relevant legislation. The Committee notes the discussion in the Committee on the Application of Standards on the application of Convention No. 87 at the 106th Session (2017) of the International Labour Conference. In particular, the Committee notes that the Committee on the Application of Standards requested the Government to initiate a process of consultation with the most representative employers’ and workers’ organizations to identify how the current legislative framework needs to be amended in order to bring all the relevant legislation into compliance with Convention No. 87. The Committee notes the Government’s indication in its report that section 440 of the Labour Code establishes the right to freedom of association of all workers and employers, without distinction whatsoever and without the requirement for prior authorization. It also reports the approval in 2016 of Ministerial Decision No. 142 which established the Single National Union of Paid Household Women Workers (SINUTRHE). However, the Committee notes that the ATRH complains of the persistence of the limitations referred to on the establishment of unions, including by domestic workers. In this regard, the Committee recalls that the specific characteristics of domestic work, which in many cases include a high degree of dependence on the employer (particularly in the case of migrant domestic workers) and the frequent isolation of domestic workers in their workplaces, are factors which make it particularly difficult for domestic workers to establish and join unions. The protection of freedom of association and the right to collective bargaining is therefore of special importance in this sector and it is necessary to adopt measures to guarantee these rights of domestic workers in both law and practice. The Committee refers once again to its comments on the application of Convention No. 87, and particularly those in which it trusted that the current legislative reform would contribute to the reform of the various provisions of the Labour Code to lower the minimum number of members required to establish workers’ organizations. The Committee also requests the Government to provide detailed and updated information on the measures adopted or envisaged to promote and guarantee in practice the right of domestic workers to freedom of association and collective bargaining.
Articles 3(2)(c) and 4. Child labour. The Committee notes that the minimum age for domestic work is 15 years, in accordance with the provisions contained, among others, in section 262, third subsection, of the Labour Code and section 82, first subsection, of the Code of Children and Young Persons. Moreover, Ministerial Decision No. MDT-2015-0131 of the Ministry of Labour, issuing the list of hazardous types of work for young persons, explicitly prohibits domestic work by young persons who reside in the household. Section 5 of the Ministerial Decision also requires the progressive elimination of domestic work by young persons who do not reside in the household. The ATRH observes that, although the Ministerial Decision represents great progress in legal terms, it is necessary to adopt additional measures in collaboration with the social partners and to establish effective supervisory mechanisms through labour inspection and the imposition of adequate sanctions for violations of the legislation prohibiting child domestic work with a view to ensuring its elimination in practice. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the abolition in practice of child domestic work. It also requests the Government to provide information on the impact of Ministerial Decision No. MDT-2015-0131 on the elimination of domestic work by young persons residing in the household. The Committee further requests the Government to provide information on the number of complaints of child domestic work reported, the penalties imposed on those responsible and the compensation granted to the victims.
Article 5. Abuse, harassment and violence. The Committee notes the Government’s information that Article 331(2) of the Constitution of the Republic of Ecuador prohibits any form of discrimination, harassment or acts of violence of any type, whether direct or indirect, affecting women at work. The Government adds that section 166 of the Basic Comprehensive Penal Code (COIP) criminalizes sexual harassment. In 2017, the Act was adopted to prevent and eradicate violence against women, which includes the workplace among the areas in which violence is committed against women. In particular, section 12(3) of the Act provides that the working environment “includes the labour context in which the right to work is exercised and where productive activities are undertaken, in which violence is committed by persons who have a labour relation or work with the victim, irrespective of the hierarchical relationship. It includes: making recruitment or job retention conditional upon favours of a sexual nature; the refusal to recruit the victim or agree to her retention in work or general conditions of work; public discredit through the work performed and denial of access to equal remuneration for equal work or functions: and the refusal to grant women time off for pregnancy and nursing.” The Act sets out protection measures in cases of violence, which can be applied by the courts, and measures of an administrative nature which can be ordered by Cantonal Boards. The Committee notes that, according to the statistics of the Office of the Public Defender, of the total of 300 investigations completed, 65 per cent were related to violence against women domestic workers. Nevertheless, the Committee notes that specific measures have not been adopted to ensure in practice the effective protection of domestic workers, both women and men, against any form of abuse, harassment and violence. In this regard, the ATRH emphasizes the need to set up a direct telephone line to enable domestic workers to make complaints in cases of abuse and ill-treatment with a view to obtaining a response and an immediate solution from the competent authority. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring in practice the effective protection of domestic workers against any form of abuse, harassment or violence. The Committee also requests the Government to provide statistical data, disaggregated by sex, on the number of complaints received of harassment, abuse and violence in the context of domestic work, which have been made to the various competent bodies, their outcome, the penalties imposed on those responsible and the compensation granted.
Articles 6 and 9. Domestic workers who reside in the household. Decent living conditions that respect their privacy. Freedom of movement during periods of daily and weekly rest or annual leave. In reply to the Committee’s previous comments, the Government indicates that section 268 of the Labour Code provides that “in addition to the remuneration determined, it is the duty of the employer to provide the domestic worker with food and accommodation, unless agreed to the contrary …”. The Committee notes that the ATRH emphasizes the importance of domestic workers having private accommodation in order to prevent acts of violence, harassment, physical attacks and sexual harassment by the employer or persons close to the employer. The ATRH adds that measures must be adopted with a view to ensuring that the employer provides reasonable notice for domestic workers in respect of the termination of the employment relationship for faults that are not serious, so that they can seek new employment and/or accommodation, in accordance with Paragraph 18 of Recommendation No. 201. Finally, the Committee notes that the Government has not provided information on the manner in which the freedom of movement of domestic workers is ensured during periods of daily and weekly rest or annual leave. The Committee requests the Government to adopt the necessary measures with a view to ensuring that the accommodation that the employer shall provide to domestic workers under the terms of section 268 of the Labour Code includes at least: a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock; access to suitable private sanitary facilities; adequate lighting; and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household, in accordance with Paragraph 17(a) to (c) of Recommendation No. 201. The Committee also requests the Government to take the necessary measures to ensure that domestic workers whose employment relationship is being terminated for faults that are not serious have reasonable notice to seek new employment and/or accommodation. Furthermore, it requests the Government to indicate the manner in which it is ensured that domestic workers who reside in the household are not obliged to remain in the household or with household members during the periods of rest recognized in the legislation.
Article 7. Easily understandable information on terms and conditions of employment. In its previous comments, the Committee noted the Government’s indication that a draft ministerial decision was being drawn up which would contain a chapter on the minimum provisions to be contained in employment contracts in the domestic work sector. The Committee trusted that the draft decision would duly take into account the provisions of Article 7 of the Convention. However, the Committee notes that the Government has not indicated whether the draft ministerial decision has been adopted. The ATRH indicates that many paid household workers are without contracts. The Committee notes the various measures proposed by the ATRH with a view to ensuring that domestic workers understand their terms and conditions of employment. Among other measures, the ATRH emphasizes the need to prepare and disseminate a model contract for domestic work and to establish the requirement to register contracts of employment with the competent authority. It adds that it is necessary to conduct awareness raising and information campaigns in a language and format that is easily understandable for all paid household women workers concerning their rights, as well as complaint procedures and the legal remedies to which they have access. The Committee also notes that section 262(2) of the Labour Code provides that what is not set out in the contract shall be determined in accordance with local custom. In this regard, the Committee recalls that Article 7 of the Convention provides that measures shall be taken to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws, regulations or collective agreements. Accordingly, the Convention does not envisage local custom as a source of legal provisions governing the terms and conditions of employment of domestic workers. The Committee requests the Government to adopt the necessary measures with a view to ensuring that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner. In this regard, the Committee requests the Government to adopt the necessary measures with a view to establishing a model contract of employment for domestic work, in accordance with Paragraph 6 of Recommendation No. 201, and to provide a copy of the model contract to the ILO when it has been adopted. It also requests the Government to take the necessary measures to amend section 262(2) of the Labour Code to ensure that the terms and conditions of employment of domestic workers are always established in accordance with the national legislation or collective agreements.
Article 9(c). Right of domestic workers to keep in their possession their travel and identity documents. With reference to migrant workers, the Government indicates that section 159 of the Basic Act on Human Mobility prohibits the retention of the travel documents of any person who enters, leaves or remains on the territory of Ecuador, except in cases when they are demonstrated to be false or void. Section 13 of the Act defines travel documents as those documents acceptable as proof of identity of persons entering a country other than their own. However, the Committee notes that the Government has not provided information on the manner in which it is ensured that national domestic workers have the right to keep in their possession their travel and identity documents, nor the manner in which it is ensured that migrant domestic workers have the right not only to keep in their possession their travel documents, but also their identity documents. The Committee therefore requests the Government to provide detailed information on the manner in which it is ensured in practice that all domestic workers, including national domestic workers, have the right to keep in their possession their travel and identity documents.
Article 11. Minimum wage coverage. The Committee notes that, under the terms of the Minimum Wage Act, the minimum wage of domestic workers has been brought into line with that of other employed persons since 2010. Between 2012 and 2018, the minimum wage was increased from US$275 to US$386 for 40 hours of work a week. However, the ATRH indicates that, although the law requires the payment of the minimum wage to paid household workers, in practice it is necessary to provide guidance and education to employers and workers with a view to ensuring that employers comply with the legal requirement and workers demand the labour rights. The Committee requests the Government to provide detailed and updated information on the measures adopted with a view to ensuring in practice that domestic workers are covered by the established minimum wage. It also requests the Government to provide statistical data, disaggregated by sex and age, on wage trends for domestic workers. The Committee further requests the Government to provide copies of court rulings in cases of failure to comply with the requirement for employers to pay domestic workers the minimum wage.
Article 13. Effective measures to ensure occupational safety and health. In reply to the Committee’s previous comments, the Government indicates that on 13 September 2017 the Directorate of Occupational Safety and Health and Comprehensive Hazard Management participated in an inter-institutional meeting, together with the SINUTRHE, in which a road map was approved for action in relation to occupational safety and health in the domestic work sector. However, the Government adds that it has not been possible to implement the road map due to disagreements within the SINUTRHE. The Government adds that the Directorate of Occupational Safety and Health and Comprehensive Hazard Management is gathering information on good practices in other countries with a view to providing guidance on occupational safety and health for domestic workers. In its observations, the ATRH indicates that it is necessary to adopt specific legislation, conduct awareness-raising campaigns and develop an information guide on the risks faced by paid household workers in the workplace. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the occupational safety and health of this category of workers, with due regard for the specific characteristics of domestic work, in accordance with the Convention.
Article 14. Access to social security. The Government indicates that Article 369 of the Constitution of the Republic of Ecuador provides that compulsory universal insurance shall be extended to the whole of the urban and rural population, irrespective of their employment situation. Section 242 of the Basic Comprehensive Criminal Code (COIP) establishes the penalty of imprisonment for between one and three years for the unlawful retention of social security contributions. Section 244 of the COIP also provides for prison sentences of between three and seven days for employers who do not register their workers with the compulsory social security scheme. The Committee notes that, based on data from the Ecuadorian Social Security Institute (IESS), in February 2018 there were 61,592 domestic workers registered, 88 per cent of whom were women. However, the ATRH indicates that the number of paid household workers who are not registered with the IESS is very high in the country. In this regard, the ATRH considers that measures need to be adopted to control compliance by employers with the requirement to register their domestic workers with the IESS. The Committee requests the Government to provide detailed information on the measures adopted or envisaged with a view to promoting the registration of domestic workers with the social security system, such as information campaigns on the right of domestic workers to have access to social security and inspection campaigns to supervise compliance with the obligation for employers to register their domestic workers with the Ecuadorian Social Security Institute. The Committee also requests the Government to provide updated statistical data, disaggregated by sex and age, on the number of domestic workers registered with the Ecuadorian Social Security Institute.
Article 15(1)(b). Machinery and procedures for the investigation of fraudulent practices by private employment agencies. In its previous comments, the Committee noted the information provided by the Government concerning a meeting of a policy forum on the rights of paid household workers, attended by representatives of the Government and the ATRH, in which it was decided to review the regulations on the functioning of private employment agencies with a view to increasing control over them. The Committee requested the Government to provide information on any developments in this regard. However, the Committee notes that the Government has not provided information on this subject. The ATRH indicates that such control is difficult in practice, as there are no precise data on the number of employment agencies operating in the country, or the number of paid household workers who make use of their services. The Committee once again requests the Government to provide information on the measures adopted or envisaged to review, in collaboration with the social partners, the regulations on the functioning of private employment agencies with a view to exercising increased and effective control over them in the domestic work sector.
Article 16. Access to justice. In its observations, the ATRH emphasizes the low number of complaints made to the courts by domestic workers due to their lack of knowledge of their rights and the lack of resources to be able to have access to justice. It adds that, although following the adoption of the General Basic Procedural Code, more flexible procedures have been established for the application of justice, it is also necessary to make the procedures followed by the administrative labour authorities more flexible, as they are the first authorities to receive complaints and denunciations before court proceedings are initiated. The Committee requests the Government to specify the various remedies to which domestic workers have access and to indicate the measures adopted or envisaged by the Government to facilitate the access to justice of men and women domestic workers in relation to the various remedies.
Article 17(1). Complaint mechanisms. The Committee notes that, according to the information compiled by the regional departments of the Ministry of Labour, between 2016 and May 2018, a total of 1,387 complaints were made concerning violations of the rights of domestic workers. Most of the complaints alleged the failure to pay wages, non-compliance with the requirement of registration with the IESS or unjustified dismissal. The Committee also notes that the ATRH reiterates its previous observations, in which it emphasized the need to guarantee flexible and easily understandable complaint mechanisms, to provide competent legal advice in places where complaints are lodged and to build the capacities of the officials responsible for receiving complaints and of inspectors on the specific characteristics of the sector, with a view to ensuring compliance with the labour laws established for this category of workers. The Committee further notes the reports by the ATRH of the persistent difficulties faced by domestic workers in lodging complaints. Among other obstacles, the ATRH explains that, when lodging complaints, domestic workers are requested to provide information that is sometimes not within their knowledge, such as the email address and the work telephone number and address of their employer. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged to ensure the access of domestic workers to effective complaint mechanisms, including legal advice and information on accessible procedures and mechanisms in a form and language that is easily understandable by all domestic workers, including indigenous domestic workers. The Committee also requests the Government to provide information on the number of complaints made by domestic workers to the various competent bodies, their outcome, the penalties imposed on those responsible and the compensation granted in cases of violations.
Article 17(2) and (3). Labour inspection and penalties. Access to household premises. In its previous comments, the Committee noted the wide-ranging awareness-raising and information campaigns undertaken, as well as the home inspections undertaken in various urban areas with a view to informing domestic workers of their labour rights. It also noted the observations of the ATRH, in which it emphasized the need to: establish mechanisms to monitor the payment of holidays and compliance with the payment of minimum wages (particularly in provincial rural areas); strengthen registration and notification procedures for occupational accidents and diseases in paid household work; and enforce the compensation process in the event of occupational accidents and diseases. In this regard, the Committee requested the Government to provide information on the impact of the awareness-raising and information campaigns and on the planned follow-up action. The Government indicates that labour inspections in the domestic work sector are conducted as a result of complaints by workers to the provincial departments of labour and the public service. The Government adds that only comprehensive inspections are carried out at the initiative of the inspection services. In this regard, the ATRH reiterates its earlier observations and emphasizes the need to increase the number of comprehensive labour inspections in the domestic work sector. The ATRH also complains that, during labour inspections in the paid household work sector, inspectors only meet the employer. The ATRH emphasizes that this leaves domestic workers in a defenceless position and places their employment situation at risk as, in many cases, when complaints are made, employers engage in reprisals against their workers. The ATRH also denounces the fact that training, supervision and evaluation measures have not been implemented for labour inspectors engaged in inspections in the domestic work sector with a view to eliminating potential discriminatory approaches. Finally, the ATRH indicates that, despite its participation with the Government in the preparation of a pilot project for inspections in the paid household work sector, it has not yet been implemented. The Committee requests the Government to provide updated and detailed information on the measures adopted or envisaged with a view to giving effect in practice to labour inspection measures, having due regard for the special characteristics of domestic work, in accordance with the national legislation. In this regard, while noting the complexity of labour inspection in the private residences in which domestic workers are engaged, the Committee reminds the Government of the possibility of requesting ILO technical assistance in this respect. The Committee also requests the Government to provide updated information on the number of inspections in the sector, the number of infringements detected and the penalties imposed.

End Note

  1. 1 - ILO: Provisional Record No. 15, International Labour Conference, 100th Session, Geneva, June 2011, para. 179.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report. The Committee also notes the observations of the Association of Paid Homeworkers (ATRH), which are included in the report.
Article 1, paragraph 1(a), (b) and (c) of the Convention. Definition of domestic work and domestic worker. The Committee notes that section 262 of the Labour Code defines domestic service as “that which is provided, for remuneration, to a person seeking only to make use of the ongoing services of the worker on a not-for-profit basis in the personal or family residence, whether or not the worker is lodged in or outside the employer’s home”. The Government also states that section 17 of the Labour Code envisages continuous or discontinuous casual contracts, occasional contracts and seasonal contracts and indicates that these arrangements are for a fixed period of time, unlike the system of contracts of indefinite duration established for domestic workers in section 265 of the Labour Code. The Committee recalls that, irrespective of the type of contract held by workers providing domestic services, the definition of domestic worker laid down in Article 1 of the Convention only excludes persons who perform domestic work occasionally or sporadically and not on an occupational basis. The Committee requests the Government to indicate in what manner it ensures that persons who perform domestic work occasionally or sporadically but do so on an occupational basis are covered by the guarantees established in the Convention.
Article 3(3). Protection of the right to establish and join organizations. The Committee notes the ATRH’s indication in its observations that the imposition of certain requirements for the establishment of trade unions (including the number of workers required (30) to form associations) restricts the right to organize and the union points out that the legislation needs to be amended so that domestic workers can establish trade unions in full freedom. The Committee refers to the comments it made on this subject in the context of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it considered that the abovementioned number was excessive and asked the Government to amend the relevant legislation. The Committee also recalls in general that in drafting this Convention, special emphasis was placed on the need to reaffirm the rights of freedom of association and collective bargaining with explicit reference to domestic workers (see Report IV(2), ILC, 99th Session, 2010, page 387).
Articles 6, 7 and 9(b). Workers who reside in the household. Decent living conditions that respect their privacy. Details of the employment contract. Freedom of movement during periods of daily and weekly rest or annual leave. The Committee notes that section 268 of the Labour Code stipulates that it is the employer’s obligation to provide the domestic worker with food and lodging. The Committee recalls that, under Article 6 of the Convention, each Member must take measures to ensure that domestic workers, like workers generally, enjoy fair terms of employment as well as decent working conditions and, if they reside in the household, decent living conditions that respect their privacy. The Committee also observes that section 21 of the Labour Code, which sets out the items that must be covered by the written contract, does not include certain elements from Article 7, such as normal hours of work, paid annual leave, daily and weekly rest periods, the provision of food and accommodation, the period of probation or trial period, the terms of repatriation, and terms and conditions relating to the termination of employment, including any period of notice by either the domestic worker or the employer. Lastly, the Committee observes that the legislation does not contain any provisions stating that domestic workers are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, in accordance with Article 9 of the Convention. In this respect, the Committee notes the Government’s indication that it is drawing up a draft Ministerial Decision which will contain a chapter on the employment contracts of domestic workers describing in detail the employer’s obligations concerning matters such as food, lodging, hours of work and education for domestic workers. The Committee trusts that the aforementioned draft Ministerial Decision will take due account of the provisions of the Convention. The Committee recalls that the Domestic Workers Recommendation, 2011 (No. 201), assumes particular importance in this process as a reference document. The Committee requests the Government to provide information on any developments in this respect.
Article 9(c). Right to keep travel and identity documents. The Committee observes that the Government does not indicate which provisions ensure that migrant workers can keep their travel and identity documents in their possession. The Committee requests the Government to supply information on the measures taken or contemplated to give effect to this provision of the Convention.
Article 13(1) and (2). Effective measures to ensure the safety and health of domestic workers. The Committee notes that there are no specific occupational safety and health provisions that are applicable to domestic workers. The Government indicates that section 410 of the Labour Code provides that employers are obliged to ensure working conditions for their workers which do not entail any danger to their safety or health and that section 1 of the Regulations concerning occupational safety and health and improvements to the working environment provides that the Regulations apply to all forms of work and all workplaces. The Committee recalls that, under Article 13 of the Convention, each Member shall take appropriate measures, with due regard for the specific characteristics of domestic work, to ensure that domestic workers enjoy safety and health at work. Such measures may be applied progressively, in consultation with the most representative organizations of employers and workers, and with organizations representative of domestic workers and those representative of employers of domestic workers. The Committee requests the Government to supply information on any measures taken or contemplated to ensure the occupational safety and health of this category of workers, taking due account of the specific characteristics of domestic work. The Committee also notes that the ATRH emphasizes in its observations the need for better preventive dissemination of these rights of domestic workers and highlights the need for specific occupational diseases of these workers to be examined and for them to be incorporated into the official list of occupational diseases. The Committee requests the Government to send its comments on this matter.
Article 15(1)(b). Machinery and procedures for the investigation of fraudulent practices on the part of private employment agencies. The Committee notes the ATRH’s indication that private employment agencies have not been favourable towards female domestic workers and that, for example, female domestic workers who have been registered for years in the hope of finding employment are never called by the agencies. The Committee also notes the Government’s statement that at the third meeting of the Policy Forum on the Rights of Paid Domestic Workers, which was attended by representatives of the Government and of the ATRH, it was decided to review the regulations concerning the functioning of private employment agencies with a view to increased monitoring of them. The Committee requests the Government to provide information on any developments in this respect.
Article 17(1). Complaint mechanisms. The ATRH refers in its observations to the need to guarantee rapid and comprehensible complaint mechanisms, to propose competent legal advice in places where complaints are received and to provide training for officials receiving complaints and also for inspectors with regard to the specific features of the sector in order to enforce the labour legislation for this category of workers. The Committee requests the Government to send its comments on this matter.
Article 17(2) and (3). Labour inspection and penalties. Access to household premises. The Committee notes the Government’s statement that the Ministry of Labour has undertaken various campaigns to raise awareness and ensure dissemination of the labour rights of workers, such as the “decent domestic work” campaign in 2010 and the “decent work” campaign in 2011. In addition, in June 2011, the Ministry conducted 14,000 home inspections in middle- and upper-class urban areas, including direct interviews with domestic employees concerning their employers’ compliance with labour obligations. In cases where the labour regulations were respected, inspectors affixed a “decent work” label at the entrance to the residence concerned and in cases where non-compliance was observed, the corresponding financial penalties were imposed, together with the requirement to regularize the workers’ situation. The Government also indicates that the employer’s consent is required to enable a home inspection to be carried out. The Committee also notes that although the ATRH recognizes the progress made, it underlines the need for mechanisms to be established to enable monitoring of holiday payments and the payment of minimum wages (particularly in rural areas of the provinces), for registration and notification procedures regarding occupational accidents and diseases in paid domestic work to be strengthened, and for compensation in cases involving occupational accidents and diseases to be enforced. While noting the progress made regarding labour inspection in domestic work, the Committee requests the Government to supply information on the impact of these campaigns and the planned follow-up. The Committee also requests the Government to send its comments on the observations of the ATRH on this point.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer