RESEARCH SERIES

GLOBAL ACTION PROGRAMME

ON MIGRANT DOMESTIC WORKERS
AND THEIR FAMILIES

Protecting Migrant Domestic Workers:

The international legal framework at a glance
Based on a report elaborated by Elisa Menegatti

Summary
Worldwide, an estimated 67 million people over the can face specific language and cultural barriers to
age of 15 are domestic workers. Of those, 83 per access information on the legislation and socio-
cent are women. Among the world’s domestic work- cultural characteristics of the country of destination.
ers, many millions have migrated from their homes They tend to be isolated from other employees and
to another country for work. service providers, they often have limited access
to communication devices, like mobile phones or
Due to the fact that domestic work is carried out Internet to communicate with their families, and are
in the employer’s house and to the nature of the restricted in their freedom of movement.2
tasks performed, it is often associated with women’s
unpaid work. Most domestic work remains informal, Migrant domestic workers are at the crossroads of
performed outside of labour and social protection two sovereign countries, which often have different
regulations. Non-compliance is decreasing but still or even divergent interests and regulatory frame-
high. works with regard to domestic workers and migrant
workers.3
Domestic work remains one of the least protected
sectors under national labour laws and it suffers Private recruitment agencies’ role in the migration
from particularly poor monitoring and implementa- process has significantly grown in the past decade.
tion of existing laws.1 Migrant domestic workers Lack of appropriate regulation and supervision has
(MDWs) are even less protected by the law. Migrant led to increasing reports of exploitation and abuses
domestic workers are vulnerable to human rights of migrant domestic workers. Abusive practices
abuses, due to inequalities determined by gender, include: deception regarding conditions of work,
race, ethnicity, national origin and social status. charging unauthorized fees to workers, and retention
of identity documents, perpetrated by unscrupulous
Non-payment or retention of wages, long working recruitment agencies and informal intermediaries
hours, contract substitutions, passport retentions, operating outside of legal and regulatory frameworks.
violations of human dignity and fundamental free-
doms, degrading treatment and violence, forced
labour and trafficking for labour exploitation in the Facts and Figures
worst cases, are common violations suffered by
these workers. The situation is critical particularly ILO estimates put the number of migrant domestic
for MDWs with irregular or undocumented migration workers globally at 11.5 million, representing 17.2%
status or those who live and work in the household of all domestic workers and 7.7% of all migrant
of the employer. workers worldwide. In other words, almost every fifth
MDWs (especially if they are “live-in workers”) domestic worker in the world was an international
migrant in 2013. About 74% of all migrant domestic
workers are women, compared to 80% of national
domestic workers.
 The share of migrants among domestic workers Who is a domestic worker?
has significant regional variations. Nearly 80% of
migrant domestic workers tend to be concentrated in Under ILO Convention No. 189, a domestic worker
high-income countries. Those countries accounted is “any person engaged in domestic work within an
for 9.1 million out of the estimated 11.5 million employment relationship” (Art. 1(b)). A domestic
migrant domestic workers globally (See Fig.1).4 worker may work on a full-time or part-time basis;
may be employed by a single household or by mul-
tiple employers; may be residing in the household of
Figure 1. Distribution of migrant domestic workers, the employer (live-in worker) or may be living in his
by sex and broad sub region, 2013 (percentages) or her own residence (live-out). A domestic worker
may be working in a country of which she/he is not
a national.
Female

Who is a migrant worker?

Migrant workers are people who leave home to find
work outside of their hometown or home country.
Persons who move for work in their own country are
“internal” migrant workers. Persons who move for
work to another country are commonly called “for-
Male eign” or “international” migrant workers.

Labour migration is considered as “regular” and

migrant workers are considered as being “in a regu-
lar situation” if they are authorized to enter, stay and
work pursuant to the law of the destination country
and international agreements to which it is a party.
When they do not comply with those conditions, they
are considered as “undocumented” or “in an irregu-
lar situation”. Migrant workers in irregular situations
are very likely to find themselves vulnerable to abuse
and exploitation of all types.

Migrant workers in irregular status are entitled to

their human rights, including labour rights. From
its very inception, the ILO resolved to protect “the
interests of workers employed in countries other than
their own” regardless of their immigration status.5 In
principle, unless otherwise stated, all international
labour standards cover all workers irrespective of
their nationality or immigration status.
What is domestic work?
ILO Convention No. 189 defines domestic work as Peculiarities of this sector
“work performed in or for a household or house-
holds” (Art. 1(a)). This work may include tasks such The private character of the workplace is a particu-
as cleaning the house, cooking, washing, grocery larity of this sector. It implies a coincidence between
shopping and ironing clothes, taking care of chil- the public sphere normally related to employment
dren, the elderly and/or the sick, gardening, guarding relationships and the private nature of family and
the house, driving, even pet sitting. Domestic work household dynamics.6 The other distinctive ele-
remains a highly gender-specific niche of the labour ment is the juridical status of the employer, who is
market. normally a private employer who would otherwise

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receive pecuniary gains from the employee’s work. The role of workers’ and employers’
Both factors are keys to determining the peculiarity organizations
of the employment relation and the widespread low
level of protection guaranteed to the workers of this Once ratified, the Convention becomes legally bind-
sector. Another important peculiarity is that domes- ing for the country under international law, and the
tic work is perceived as “women’s work” and as such government has the obligation to implement it in
is not seen as requiring specific skills. law and practice. At this stage, workers’ organiza-
tions and employers’ organizations as well as other
concerned stakeholders may play an important role
How ILO Actions are Relevant to ensure that the Convention is respected. These
to MDWs organizations can use the Convention to:
• Defend the rights of workers who have suffered
abuse or exploitation in national courts;
Conventions, Protocols and •  Pressure authorities in order to adopt national
Recommendations legislation in conformity with international labour
standards;
International labour standards lay out basic prin- • Provide guidance and counseling to workers on
ciples, articulate rights and duties of employers the application of the Convention;7
and workers, establish policy objectives or provide
guidance on means and procedures to be employed.  orkers’ and employers’ organizations may also
W
International labour standards are designed to pro- provide to the ILO their own comments on the appli-
mote decent work for workers of all nationalities. cation of the Convention by a ratifying country and
start procedures on the violation of the Convention
International labour standards can be: Conventions, by ratifying countries (Arts. 23 and 24 of the ILO
which are legally binding international treaties that Constitution).
may be ratified by member states, Protocols, that
are supplementary instruments often used to amend
or implement previous frameworks, and Recommen- Key International Legal

PROTECTING MIGRANT DOMESTIC WORKERS: THE INTERNATIONAL LEGAL FRAMEWORK AT A GLANCE

dations, which serve as non-binding guidelines. Con- Provisions Relevant to MDWs
ventions, Protocols and Recommendations are drawn
up by representatives of governments, employers and
workers and are adopted at the ILO’s annual Inter- Universal Declaration of Human Rights, 1948
national Labour Conference. Once a Convention and/ This non-binding instrument establishes the over-
or Protocol is adopted, Member states are required riding principles of equality and non-discrimination
under the ILO Constitution to submit them to their applicable to everyone, everywhere and always
competent authority (normally the Parliament) for (Art. 2).
consideration for ratification. If it is ratified, it gener-
ally comes into force for that country one year after International Covenant on Civil and Political Rights,
the date of ratification. Ratifying countries commit 1966
themselves to applying the Convention in national Art. 8: prohibits slavery and slave trade in all their
law and practice and reporting to the ILO on its forms as well as forced labour.
application at regular intervals. The supervisory Art. 13: establishes a due process for expulsion of
mechanism of the ILO is in charge of monitoring the an alien lawfully in the territory of a country.
application of Conventions and Recommendations. Art. 22: establishes the right to freedom of associa-
The ILO provides technical assistance if necessary. tion.

International Covenant on Economic, Social and

Cultural Rights, 1966
Art. 7-10: recognizes the right of everyone to the
enjoyment of equal and satisfactory working condi-
tions, the right to form trade unions and join them,
and the right to enjoy social security, including social
insurance and maternity leave.

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 UN Convention on the Elimination of All Forms of Key ILO instruments
Discrimination against Women, 1979
Art. 11: establishes the obligation of all the State The Declaration on Fundamental Principles and
Parties to work for the elimination of discrimination Rights at Work, 1998 commits Member States to
against women in the field of employment. respect and promote universal principles and rights
at work: freedom of association and the effective
General Recommendation No. 17: recommends tak- recognition of the right to collective bargaining, the
ing into account the unremunerated domestic activi- elimination of forced or compulsory labour, the abo-
ties of women as a contribution to the gross national lition of child labour and the elimination of discrimi-
product.8 nation in respect of employment and occupation.

General recommendation No. 26: considers that The Migration for Employment Convention (revised),
countries of destination should ensure that migrant 1949 (No. 97) protects regular migrant workers from
women workers enjoy the same rights as national discrimination and exploitation, ensuring equality
women workers.9 of treatment between regular migrant workers and
national workers with respect to hours of work, rest
UN Convention on the Elimination of All Forms of period and holidays.
Racial Discrimination, 1990
General Recommendation No. 30: recommends The Migrant Workers (Supplementary Provisions)
removing any obstacle preventing “the enjoyment of Convention, 1975 (No. 143) entitles migrant work-
economic, social and cultural rights by non-citizens”, ers in irregular status to equality of treatment in
notably in the area of employment among others, working conditions and in respect of rights arising
and any discrimination “in relation to working condi- out of their past employment.
tions and work requirements”.10
It provides both equality of treatment and equality
UN Convention on the Rights of the Child, 1989 of opportunities for migrant workers in regular status
Art. 32: recognizes the right of the child to be pro- and members of their families. This equality also
tected from economic exploitation and from per- applies to social security, trade union and cultural
forming any work. rights.

UN Convention for the Protection of the Rights of The Equality of Treatment (Social Security) Conven-
all Migrant Workers and members of their families, tion, 1962 (No. 118) and the Maintenance of Social
1990 Security Rights Convention, 1982 (No. 157) aims at
Committee on the Protection of the Rights of all equal treatment of migrant workers as compared to
Migrant Workers and Members of their Families, national workers with regard to all nine branches of
General Comment No.  1 on migrant domestic social security.
workers notes that MDWs are at increased risk of
certain forms of exploitation and abuse, largely The Private Employment Agencies Convention,
due to isolation and dependence characteristic of 1997 (No.181) encourages States to enter into bilat-
domestic work, and that female MDWs face addi- eral agreements to prevent abuses and fraudulent
tional risks due to their gender, including gender- practices. It prohibits the denial of workers’ rights to
based violence. The Committee calls on member freedom of association and collective bargaining; the
States to address the rights of migrant domestic practice of discrimination against workers; and the
workers within the larger framework of decent work charging of fees to workers.
for domestic workers.11

UN Convention against Transnational Organized

Crime, 2000 and the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women
and Children, and the Protocol against the Smug-
gling of Migrants by Land, Sea and Air are important
instruments in the fight against the trafficking and
smuggling of persons.

4
The Domestic Workers Convention, Eight fundamental ILO Conventions
2011 (No.189)
• No. 87: Freedom of Association and Protection
Convention No. 189 does not distinguish between of the Right to Organise Convention, 1948
nationals and non-nationals employed as domestic • No. 98: Right to Organise and Collective Bargaining
workers and it constitutes an important step towards Convention, 1949
gender equality. Relevant Articles concern: • No. 29: Forced Labour Convention, 1930 (and its
Protocol, 2014)
Migrant domestic workers • No. 105: Abolition of Forced Labour Convention, 1957
Art. 8 (1): requires members to establish that • No. 138: Minimum Age Convention, 1973
migrant domestic workers receive a written con- • No. 182: Worst Forms of Child Labour Convention,
tract enforceable in the country of employment, or 1999
a written job offer, prior to traveling to the country • No. 100: Equal Remuneration Convention, 1951
of employment (does not apply to migrant domestic • No. 111: Discrimination (Employment and Occupation)
workers who are already within the territory of the Convention, 1958
country of employment).
Art. 8 (4): requires States to specify the conditions Art. 10(1): ensures equal treatment between domes-
under which domestic workers are entitled to repa- tic workers and workers generally, in relation to nor-
triation at the end of their employment. mal hours of work, overtime compensation, periods
of daily and weekly rest, and annual paid leave. The
Remuneration weekly rest period is at minimum 24 consecutive
Art. 11: each Member shall take measures to ensure hours.
that domestic workers enjoy minimum wage cover- Art. 11: ensures that remuneration is established
age, where such coverage exists, and that without discrimination based on sex (minimum wage
remuneration is established without discrimination protection).
based on sex. Art. 12 (1): regulates modalities of payment:
i. directly to the domestic worker, as opposed to a
Modalities of Payment third party;

PROTECTING MIGRANT DOMESTIC WORKERS: THE INTERNATIONAL LEGAL FRAMEWORK AT A GLANCE

Article 12: Domestic workers shall be paid directly ii. in cash;
in cash at regular intervals at least once a month. iii. at regular intervals but at least once a month.
Unless provided for by national laws, regulations or
collective agreements, payment may be made by Health and social security protection
bank transfer, bank cheque, postal cheque, money Art. 13: establishes the right to a safe and healthy
order or other lawful means of monetary payment, working environment (“in accordance with national
with the consent of the worker concerned. laws, regulations and practice”).
Art. 14: requires Members to ensure that domestic
Live-in workers workers enjoy conditions that are not less favourable
Art. 6: requires States to take measures to ensure than those applicable to workers generally in respect
decent living conditions that respect the workers’ to social security protection, including as regards
privacy. maternity benefits. These measures are to be taken
Art. 9: establishes: a) freedom to reach agree- “in accordance with national laws and regulations”
ment with employers or on whether or not to reside and “with due regard to the specific
in the household; b) free decision on whether to
remain in the household or with its members during Protection from abuse, harassment and violence
periods of daily and weekly rest or leave; c) freedom Art. 5: requires Members to take measures to ensure
to keep their identity and travel documents in their that domestic workers enjoy effective protection
possession. against all forms of abuse, harassment and violence.

Decent working conditions and no discrimination Information

Art. 6: ensures that domestic workers enjoy fair terms of Art. 7: requires that domestic workers are informed
employment. of their terms and conditions of employment (such
as: usual workplace, the remuneration, the normal
hours of work, periods of daily and weekly rest etc.).

5
 Freedom of association on the basis of their real or perceived HIV status”
Art. 3(3): protects the right of freedom of associa- (paragraph 28), while its paragraph 47 calls for the
tion and the effective recognition of the right to col- countries of origin, transit and destination to take
lective bargaining. measures to ensure access to HIV prevention, treat-
ment, care and support services for migrant workers.
Private employment agencies
Art. 15: ensures adequate machinery for the inves- The Domestic Workers Recommendation, 2011
tigation of complaints by domestic workers; adopts (No.201)
measures to adequately protect domestic work- This recommendation contains valuable guidance
ers and prevent abuses, including laws or regula- on a range of measures that may be taken to pro-
tions specifying the respective responsibilities of tect migrant domestic workers – such as hotlines,
the agency and the household and providing for interpretation services, emergency housing, consular
penalties; considers concluding bilateral, regional assistance, provision of information in their lan-
or multilateral agreements to prevent abuses and guages, and measures to ensure migrant workers’
fraudulent practices; ensures that fees charged by ability to pursue criminal and civil remedies and to
agencies are not deducted from the remuneration of use legal and social services (Para. 21).
domestic workers.
The Multilateral Framework on Labour Migration,
Compliance and enforcement 2006
Art. 16: guarantees that domestic workers have This non-binding tool guides in the development,
effective access to the court, tribunals or other dis- strengthening, implementation and evaluation of
pute settlement mechanisms. national, regional and international labour migration
Art. 17(2): calls on Members to develop and imple- policies and practices for improving the governance,
ment measures for labour inspection, enforcement promotion and protection of migrant rights.
and penalties, in accordance with national laws and
regulations. It includes the following principles:
Principle 9.8 – “adopting measures to ensure that
national labour legislation and social laws and regu-
Other ILO Instruments lations cover all male and female migrant workers
including domestic workers and other vulnerable
The ILO Recommendation concerning HIV and AIDS groups…”.
and the World of Work, 2010 (No. 200) recognizes
that migrant workers often encounter high levels Principle 11.2 – “intensifying measures aimed at
of stigma and discrimination that, especially when detecting and identifying abusive practices against
coupled with risk factors in the migration process migrant workers... particularly in those sectors…
itself, may make migrants particularly vulnerable such as domestic work”.
to HIV. For this reason, Recommendation No. 200
provides explicitly that there should be no stigma or
discrimination against workers due to the fact that The regular monitoring
“they belong to regions of the world or segments of of ILO Conventions
the population deemed to be at greater risk or more
vulnerable to HIV infection” (para. 3c). Once a country has ratified an ILO convention, it is
obliged to report regularly to the ILO on measures it
Recommendation No. 200 also provides that HIV has taken to implement it. Every two years govern-
testing or other forms of screening for HIV should not ments must submit reports detailing the steps they
be required of migrant workers (paragraph 25), and have taken in law and practice to apply any of the
that workers should not be required by countries of eight fundamental and four priority conventions they
origin, transit or destination to disclose HIV-related may have ratified; governments are required to sub-
information about themselves or others (paragraph mit copies of their reports to employers’ and workers’
27). The Recommendation stipulates that “migrant organizations. These organizations may comment on
workers, or those seeking to migrate for employ- the governments’ reports; they may also send com-
ment, should not be excluded from migration by ments on the application of conventions directly to
the countries of origin, of transit or of destination the ILO.

6
The Committee of Experts was set up in 1926 to of Experts in a tripartite setting and selects from it
examine the growing number of government reports a number of observations for discussion. The gov-
on ratified conventions. Today it is composed of 20 ernments referred to in these comments are invited
eminent jurists appointed by the Governing Body for to respond before the Conference Committee and
three-year terms. The Committee’s role is to provide to provide information on the situation in question.
an impartial and technical evaluation of the state of In many cases the Conference Committee draws
application of international labour standards. up conclusions recommending that governments
take specific steps to remedy a problem or to invite
A standing committee of the ILO International ILO missions or technical assistance. The discus-
Labour Conference, the Conference Committee sions and conclusions of the situations examined
is made up of government, employer, and worker by the Conference Committee are published in its
delegates. It examines the report of the Committee report.

Figure 2. Ratifications of C189 & ILO action across the world

PROTECTING MIGRANT DOMESTIC WORKERS: THE INTERNATIONAL LEGAL FRAMEWORK AT A GLANCE

7
 End Notes
1 ILO, Domestic workers across the world 2013 report - http:// 8 UN Convention on the Elimination of All Forms of Discrimi-
www.ilo.org/travail/Whatsnew/WCMS_173363/lang--en/index. nation against Women, 1979, General Recommendation No. 17:
htm. tenth session, 1991, Measurement and quantification of the
2 ILO, Nov 2015: Making decent work a reality for migrant unremunerated domestic activities of women and their recogni-
domestic workers, p. 6. tion in the GNP.
3 Ibid, p. 5. 9 Rights of Migrant Domestic Workers In Europe, UN OHCHR,
Europe Regional Office.
4 ILO Global Estimates on Migrant Workers 2015 report -
http://www.ilo.org/global/topics/labour-migration/publications/ 10 UN Convention on the Elimination of All Forms of Racial Dis-
WCMS_436343/lang--en/index.htm. crimination, 1990, General Recommendation No. 30: Discrimi-
nation against non-citizens: 01/10/200.
5 ILO Constitution, 1919, Preamble, recital 2.
11 Committee on the Protection of the Rights of all Migrant
6 Gallotti, Maria. 2009. The gender dimension of domestic
Workers and Members of their Families, General C o m m e n t
work in Western Europe. International Migration Papers No. 96,
No. 1, paragraph 37. http://www2.ohchr.org/english/bodies/cmw/
Geneva: ILO, 1.
cmw_migrant_domestic_workers.htm.
7 Achieving decent work for domestic workers. An organizer’s
manual to promote ILO convention no. 189 and build domestic
workers’ power, ILO 2012.

Project partners
The project is implemented by the ILO in collaboration with the following partners and associates:

www.unwomen.org www.ohchr.org www.ksbsi.org www.ituc.org www.idwf.org

Labour Migration Branch (MIGRANT)

Conditions of Work and Equality Department
International Labour Office
Route des Morillons 4 Tel: +41 22 799 6667
1211 Geneva 22 www.ilo.org/migrant This project is funded by
Switzerland Email: migrant@ilo.org The European Union

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ISBN 978-92-2-131032-7
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