Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Suisse (Ratification: 2014)

Autre commentaire sur C189

Demande directe

2021
2019
2017

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Articles 1 and 2 of the Convention. Definitions and exclusions. The Committee requested the Government to provide information on the measures taken or envisaged to guarantee that domestic workers in private households enjoy all the forms of protection provided for in the Convention. It notes with interest that in the context of the review of the Act on undeclared work (LTN) in 2018, the term “Arbeitsplatz” in section 7(1)(a) of the German text of the Act was replaced by “Arbeitsort”, in order to indicate that the supervisory authorities may also carry out LTN inspections in private households. It further notes the information provided by the Government on: labour inspection activities and services; complaints mechanisms accessible by domestic workers; action taken against the exploitation of domestic workers; measures taken by the Swiss authorities to protect domestic workers (including “undocumented” domestic workers) from all forms of abuse, harassment and violence. In particular, the Committee notes Action No. 7 of the National Action Plan to Fight Human Trafficking 2017–2020, on raising awareness of labour inspection through the compilation and distribution of information materials, as well as the awareness campaigns conducted by the State Secretariat for Economic Affairs (SECO). Furthermore, the Committee notes the establishment of a website, information leaflets and advice centres for undocumented persons; and the launch of Careinfo (careinfo.ch), a digital platform created with support from the Equality Office of the City of Zurich, to provide information of use to migrant care workers, private households and care services agencies. The Government has also concluded international social security agreements with 50 States to ensure equal treatment for Swiss citizens and citizens of these States and pensions portability, as well as Operation Papyrus, a special initiative launched in Geneva whereby, under certain conditions, the situation of hundreds of irregular migrants, including domestic workers, can be regularized. With regard to the conditions of employment of domestic workers, the Government indicates that, pursuant to Federal Council decision of 27 November 2019, the validity period of the Ordinance on the standard employment contract for workers in the domestic economy (CTT économie domestique), which provides for mandatory minimum wages in accordance with section 360(a) of the Code of Obligations, was extended by a further three years. The extension entered into force on 1 January 2020 and is effective until 31 December 2022. The Government further indicates that minimum wages, adjusted in line with nominal wage trends for the years 2016 to 2018 in accordance with the proposal of the Tripartite Federal Commission, were increased by 1.6 per cent. With regard to the provision of assistance around the clock to elderly persons in private households, the Government indicates that in 2019, a survey was conducted and an initial assessment made concerning the adoption by the cantons of the standard employment contract on 24-hours-a-day care (CTT 24/24). The survey results indicated that the majority of cantons were in the process of adopting the CTT 24/24 and most planned for it to enter into force in 2019/2020. The Committee also notes that the SECO is requested to establish a further assessment for release in early 2022. With regard to the protection of domestic workers, the Government indicates that measures have been taken to ensure that domestic workers in private households are informed of the protections available to them, and that persons requiring assistance are aware of their obligations. In this regard, the Committee notes that in 2021, fact sheets for workers in the domestic economy on the subject of 24-hours-a-day care were published on the SECO website in the three official languages and eight other languages in order to ensure that domestic workers were able to familiarize themselves with their rights. The fact sheet calls on persons requiring assistance and their families to exercise due diligence and envisages the possibility of eventual criminal prosecutions for failure to meet their obligations, including the obligation to verify that private domestic staff placement agencies hold a valid permit. The Committee notes that the coordinating body of the Swiss employment vouchers scheme, which brings together six public utility organizations in French-speaking Switzerland, launched its first awareness-raising campaign in 2020 with a view to regularizing undeclared domestic workers and reminding employers of their legal obligations. Furthermore, the Committee notes the Government’s indications concerning the content and scope of application of the Ordinance on private domestic workers (ODPr). It also notes the statistics provided by the Government on the monitoring carried out in the context of the CTT économie domestique and on the complaints filed for failure to comply with the minimum wage rate in the domestic work sector, including in respect of the situation of private domestic workers of persons benefiting from privileges, immunities and facilities. With regard to fees charged by private employment agencies, the Committee notes the information provided by the Government, including with respect to the audits of private placement agencies conducted by the competent cantonal authorities in the meaning of section 32 of the Federal Act on employment service and service leasing (LSE, RS 823.11). Noting that the Government intends to improve the situation of domestic workers through the existing legal instruments and does not yet envisage introducing a specific law for this category of workers, the Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that domestic workers in private households enjoy all the forms of protection provided for in the Convention. It also requests the Government to keep the Office informed of any progress in extending the scope of application of the Labour Act (LTr) to domestic workers. It further requests the Government to provide detailed and updated information on the impact of the COVID-19 pandemic on the application of this Convention, including information on the measures adopted or envisaged to mitigate the impact of the pandemic on decent working and living conditions for domestic workers in Switzerland.

Article 3. Freedom of association and collective bargaining. The Committee requested the Government to provide further information on the nature and impact of the innovative solutions put in place by the authorities to address issues of the representativeness of workers in the domestic sector during negotiations for collective agreements. It also requested the Government to indicate the measures taken or envisaged to reinforce the capacity of workers’ and employers’ organizations, organizations representing domestic workers and domestic worker employers’ organizations to effectively promote the interests of their members with regard to the domestic work sector. The Government indicates that the work of the expert group which culminated in the CTT 24/24 for workers in the domestic economy involved representatives of the cantonal and national authorities, employers’ organizations and organizations operating in the sectors concerned (cleaning and care), as well as trade union representatives. It was thus possible, with the help of the social partners, to establish mandatory minimum wages and binding conditions of employment for domestic workers. However, the Committee notes the Government’s indication that the drafting of standard employment contracts with mandatory minimum wages under section 360(a) of the Code of Obligations aims to cover branches in which no collective labour agreement has been concluded. The Government indicates that, in such cases, the tripartite committees for accompanying measures linked to the free movement of persons may submit a request for the drafting of a standard employment contract in which the social partners are fully involved. The Committee requests the Government to continue to provide updated information on any measures taken or envisaged with a view to promoting the right of domestic workers to form and join organizations of their own choosing, as well as the right to bargain collectively, taking account of the particular characteristics of domestic work, and to keep the Office informed of any progress made in this respect, including with regard to the conclusion of collective agreements in the domestic work sector.

Articles 5, 6, 7, 8(3), 11, 15, 17 and 18. Effective protection against all forms of abuse, harassment and violence. Fair terms of employment, decent working conditions and decent living conditions. Information on terms and conditions of employment. Migrant domestic workers. Minimum wage. Fees charged by employment agencies. Complaint mechanisms. Labour inspection. Implementation of the provisions of the Convention. Application of the Convention in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the application of the provisions of the aforementioned Articles.