Position paper on the need to ratify the ILO Convention on Domestic Work: Domestic work IS work! Legislative protection for domestic workers at home or abroad NOW!
Prepared by Migrante International, April 2012
Whether in the Philippines or abroad, domestic work is perceived as ‘not really work’. Domestic work (DW) is considered a natural duty of women in the maintenance of the family home, and if the woman is not a member of the family, this does not change the belief that it is not hard work nor is it of any significance.
In fact, DW is hard and varied labour carried out over long periods of time. Furthermore, it is an essential labour which cannot be avoided regardless of who takes responsibility for it. The key difference with the employment of someone outside of the home is that this frees the labour potential of the remaining members of the household enabling them to increase their earnings. Despite the long hours, hard work and essential nature of the work, DW is consistently underpaid and undervalued.
Due to the pervading belief that domestic work is ‘not real work’ it has been systematically and explicitly excluded from labour regulations around the world. Very few countries currently recognize domestic work in their labour laws and fewer still regulate domestic work.
Perversely, domestic workers are significantly more likely to be exploited than workers in other sectors. Domestic workers in their national context are frequently relatives or connected to the family in some way which increases the perception that they are not workers and makes it more difficult for them to complain. While migrant domestic workers are usually dependent on their employer for their right to stay in the country of work and find it difficult to leave their employers while in a country in which they do not speak the language or feel comfortable navigating alone. In both contexts domestic workers are often expected to live with their employers meaning they have no separation of their work and personal life and can be called on duty at any time.
Due to the increasing globalization of the world and ease of migration, many Filipino women (and men) have been able to support their families through domestic work in other countries. Their earnings have been so great as to support the Philippines economy through remittances worth billions of dollars a year.
In addition, the Institute for Migration and development Issues found that domestic workers sent higher remittances than more highly paid workers.[1] However, this has come at great personal risk: physical, emotional and sexual exploitation are common as well as abuse of terms of contract. Migrante International objects to the treatment of Filipino citizens abroad but also questions how we can demand better treatment for our citizens from other countries when we cannot treat our own domestic workers with dignity and respect.
Key risks shared by migrant and national domestic workers include:
a) No protection of labour rights
- Excessivly long working hours with little or no rest breaks
- No days off
- Wages are not paid in full, on time or at all
- The average wage is significantly lower than for similar labour in the public sphere
- Little or no privacy in provided living quarters
b) Increased risk of physical, sexual and emotional abuse
- DW are more likely to be physically, sexually and emotionally abused than in any other sector by their employer
- Every year MI receives hundreds of cases of OFWs seeking to escape abusive conditions. One study in Saudi Arabia found that 70% of Filipino caregivers experienced physical and psychological abuse[2].
- DW are also more vulnerable to trafficking and forced or debt-bonded labour
- Child labour is common in DW
c) No freedom of association and collective negotiation
- DW are frequently prevented from forming unions, and associations which would give them greater power to negotiate improved working conditions or an avenue to complain about their working conditions.
- DW experience a significantly unequal power relationship with their employers. The freedom to associate is therefore even more relevant in their situation.
The ILO Convention on DW is therefore significant as it ensures recognition of the rights of OFW DW around the world. It also raises a common standard that all states should measure their legislation next to. Nonetheless there are many objections to introducing legislation to support DW.
Some key objections are:
- Employers cannot afford a decent minimum wage: minimum standards of employment establish a point below which there should be no employment as then it would be forced labour. DW do vital work without which families could not manage but their labour should not be at the cost of their own families. Although DW are frequently provided board and food, they have their own families to support. Furthermore, board is provided in the interests of the employer and not the DW. Employers who can not afford a full-time DW could negotiate part-time work consistent with minimum wages.
- This has not significance to the economy: DW in the Philippines count up to 2 million. They are a significant proportion of the population and support their families on their earnings. The majority of DW come from poor families and their earnings are not enough to survive on. Improving the labour conditions for DW will improve the conditions of their families and help them step out of poverty. The positive social and economic impacts of paying DWs a decent wage has been demonstrated with the earnings of OFW DWs.
- DW is too complicated to legislate: many employers argue that it is too difficult to allocate specific hours as work and rest time and that it is part of the nature of DW that they are on call all the time. DWs are like anyone else and need private time to rest and for their own leisure. Employers can respect this need and make sure that the hours of work and rest are clearly attributed and respected. It is feasible and practical for employers to work around the rest schedule for DW. A cleaner in a private company is entitled to rest time as should DWs in private homes.
- It is impossible to enforce: a private home is an area that should be respected but once and individual becomes an employer they should recognise the responsibilities that it entails. Inspection of households is feasible to enforce. Furthermore there are other avenues open to enforcing DW labour legislation including simple tribunals or complaints mechanisms which can settle disputes between DW and their employers. Allowing DWs the right to organise will give them power to collectively negotiate for improved working conditions and to call on their representatives to help them with unfair working conditions. There are many avenues to enforcing DW legislation which are realistic and feasible.
The International Labour Organisation Convention on Domestic Workers
The ILO has been working towards recognising domestic work as formal work since the 1930s. However, only in 2011 was the first Convention on domestic workers passed. The Philippines was instrumental in the development and drafting of the Convention and in fact, Hans Cacdac, current Director of the Philippine Overseas Employment Administration, was Chairman of the Committee on Domestic Work. To date, however, the Philippines is yet to ratify the Convention.
The Philippines, a leading source of domestic workers around the world, has the opportunity to lead the international community in setting the standard for domestic workers by ratifying the convention.
What does the convention guarantee?
The convention recognises many rights which are already guaranteed in other conventions but are frequently not considered to apply to domestic workers. For example, Article 4 of the Convention on DW recognises that there should be a minimum age for DW in accordance with the UN Convention on the Rights of the Child.
The main provisions include:
a) Recognising that domestic work is work and should thus be regulated like any other labour sector
b) Labour regulations: the ILO Convention sets out labour regulation requirements that all states must institute including establishing a minimum age, a minimum wage, a right to decent working conditions and decent living conditions (with respect for privacy)
c) Contractual rights: All states should ensure that DW have the right to be aware of contract terms prior to starting employement. It also recognises the right to fair payment of wages in cash only; and the right to social security protection; migrant DW should be provided with a written copy of the contract which should also be explained to them before their departure to the country of work.
d) Human Rights of DW: The ILO Convention explicitly recognises the right to be free from physical, emotional and sexual abuse as well as a DW’s right to privacy. The right to freedom from forced or debt-bonded labour is also specifically recosnised.
e) Association Rights: The ILO Convention also recognises the right to freedom of association and collective bargaining of DW and the freedom to join organisations.
c) Monitoring procedures: States are required to actively regulate operation of employment agencies; create an investigation procedure, adopt measures to provide for the protection of DWs
Why ratify the convention?
In 2010, the number of DW deployed were 154,535 which accounted for 45% of deploys for that year.[3] Migrant DW remittances are a significant proportion of the total remittances and support the Philippines economy.
Yet their rights are persistently ignored. This Convention provides an opportunity to ensure that their rights are respected and would likely serve to increase total remittances received in the Philippines – a significant proportion of migrant DW wages are lost be unfair deductions or employers refusal to pay promised wages.
The Philippines could play a leading role in the International Community by ratifying the convention and illustrating the benefits of protecting DW nationally to set an example abroad. The provisions in the convention set a standard which all states should follow and the recognition of which would protect DW around the world.
The significant earnings of migrant domestic workers from the Philippines has made it impossible to ignore the economic importance of their work but there is still little recognition of the economic and social importance of local domestic workers. There is no clearer indication of this than the fact that the Kasambahay Bill (Domestic Workers Bill) has not been passed despite being first proposed 16 years ago.
National legislation
The first Kasambahay Bill was proposed 10 years ago and is still to be passed into law. In the subsequent 10 years, the number of DW in the Philippines has increased to 1.93 – 2.5 million. They are therefore not an insignificant workforce.
There have been as many versions of the Kasambahay Bill, however, the most recent version is a consolidated text of the 5 previous bills.
The key provisions protected in the Kasambahay Bill include:
1. Human Rights of DWs: recognises the right of Kasambahay to be free from involuntary serviture, debt bondage and trafficking. The right to humane conditions of work, social protection (which will be paid for by the employer without deductions on the employee); right to privacy; right to worship and right to education and further training.
2. Contractual Rights: Employers are required to provide a written contract detailing duties, responsibilities, compensation, working and living conditions, working hours. All DW are guaranteed a daily rest period of 8 hours and a weekly rest period of 24 consecutive hours every 6 days. DW are entitled to maternity leave and paid holiday leave
3. Minimum wage: The minimum wage will be raised to P3000 per month for NCR, P2500 for first class muncipalities, and 2000 per month in other muncipalities. All DWs receiving more than P1000 should be covered by the Social Security System.
4. Minimum Age: No children below the age of 18 should be employed as DW.
5. Payment conditions: DWs should be paid in cash with a pay slip twice a month and there can not be any unreasonable deductions including for loss or damage of household objects or for accommodation provided by the employer.
6. Working conditions: board, lodging and medical attendance are to be provided by the employer.
7. Government services: The Bill provides for the creation of dispute resolution mechanisms in the Barangay, Department of Labour and Employment, National Labour Relations Commission and the Courts.
Absent Provisions
Notable absences include the right to association and monitoring procedures. Without the right to association and effective monitoring procedures, there are no checks to ensure that the legal provisions are being met. The only option available to DW who are being exploited is to bring a formal complaint before the barangay. This can be a daunting process for DW who are dependent on their income to support their families and especially in cases where they are being employed by relatives or close family friends. Furthermore, it is necessary to recognise that there is a power imbalance between DW and their employers which the right to associate would redress. By forming organisations and associations, DW could collectively negotiate for improved working conditions.
Migrante International’s Policy Position
Domestic work is of economic and social importance regardless of where it takes place or who is responsible for it. For too long, the contributions of DW have been undermined and ignored. Migrante International strongly supports the creation of a legislative framework on domestic work which guarantees the rights of DWs at home and abroad.
To this aim, Migrante International urges the Philippines Government to ratify the ILO Convention on Domestic Workers and the passing of a national legislation meeting the standards of the ILO Convention. According to a 2005 survey conducted by the Social Weather Stations, 87% of Filipinos strongly agree that there should be a law addressing the domestic work sector. There is clearly strong public support behind the government and Migrante International encourages the legislature to pass this bill into law before the closing of the 15th Session of Congress.
Given the Philippine Governments notable role in the drafting of the ILO Convention on DW, Migrante Interntional urges the legislature to continue this work and to ratify the convention. The Philippines could be the lead the way at the international level on the recognition of domestic work.
Migrante International also urges the Philippine Government to recognise and protect the rights of domestic workers in the Philippines. ###
[1] M Jaymalin, ‘Lowly paid workers sending higher remittances,’ Philstar, Philippines, 23 June 2009 available at: http://www.philstar.com/article.aspx?articleid=480091
[2] Committee on Workers Overseas Welfare, news report available at http://www.asianews.it/news-en/Saudi-Arabia,-70-of-Filipino-domestic-workers-suffer-physical-and-psychological-violence-24260.html
[3] The Philippines Daily Inquirer, April 7, 2012 http://globalnation.inquirer.net/32067/overseas-deployment-of-filipino-domestic-workers-continues-to-rise
LEGISLATIVE PROTECTION FOR DOMESTIC WORKERS AT HOME OR ABROAD!
Prepared by Migrante International, April 2012
Whether in the Philippines or abroad, domestic work is perceived as ‘not really work’. Domestic work (DW) is considered a natural duty of women in the maintenance of the family home, and if the woman is not a member of the family, this does not change the belief that it is not hard work nor is it of any significance.
In fact, DW is hard and varied labour carried out over long periods of time. Furthermore, it is an essential labour which cannot be avoided regardless of who takes responsibility for it. The key difference with the employment of someone outside of the home is that this frees the labour potential of the remaining members of the household enabling them to increase their earnings. Despite the long hours, hard work and essential nature of the work, DW is consistently underpaid and undervalued.
Due to the pervading belief that domestic work is ‘not real work’ it has been systematically and explicitly excluded from labour regulations around the world. Very few countries currently recognize domestic work in their labour laws and fewer still regulate domestic work.
Perversely, domestic workers are significantly more likely to be exploited than workers in other sectors. Domestic workers in their national context are frequently relatives or connected to the family in some way which increases the perception that they are not workers and makes it more difficult for them to complain. While migrant domestic workers are usually dependent on their employer for their right to stay in the country of work and find it difficult to leave their employers while in a country in which they do not speak the language or feel comfortable navigating alone. In both contexts domestic workers are often expected to live with their employers meaning they have no separation of their work and personal life and can be called on duty at any time.
Due to the increasing globalization of the world and ease of migration, many Filipino women (and men) have been able to support their families through domestic work in other countries. Their earnings have been so great as to support the Philippines economy through remittances worth billions of dollars a year.
In addition, the Institute for Migration and development Issues found that domestic workers sent higher remittances than more highly paid workers.[1] However, this has come at great personal risk: physical, emotional and sexual exploitation are common as well as abuse of terms of contract. Migrante International objects to the treatment of Filipino citizens abroad but also questions how we can demand better treatment for our citizens from other countries when we cannot treat our own domestic workers with dignity and respect.
Key risks shared by migrant and national domestic workers include:
a) No protection of labour rights
- Excessivly long working hours with little or no rest breaks
- No days off
- Wages are not paid in full, on time or at all
- The average wage is significantly lower than for similar labour in the public sphere
- Little or no privacy in provided living quarters
b) Increased risk of physical, sexual and emotional abuse
- DW are more likely to be physically, sexually and emotionally abused than in any other sector by their employer
- Every year MI receives hundreds of cases of OFWs seeking to escape abusive conditions. One study in Saudi Arabia found that 70% of Filipino caregivers experienced physical and psychological abuse[2].
- DW are also more vulnerable to trafficking and forced or debt-bonded labour
- Child labour is common in DW
c) No freedom of association and collective negotiation
- DW are frequently prevented from forming unions, and associations which would give them greater power to negotiate improved working conditions or an avenue to complain about their working conditions.
- DW experience a significantly unequal power relationship with their employers. The freedom to associate is therefore even more relevant in their situation.
The ILO Convention on DW is therefore significant as it ensures recognition of the rights of OFW DW around the world. It also raises a common standard that all states should measure their legislation next to. Nonetheless there are many objections to introducing legislation to support DW.
Some key objections are:
- Employers cannot afford a decent minimum wage: minimum standards of employment establish a point below which there should be no employment as then it would be forced labour. DW do vital work without which families could not manage but their labour should not be at the cost of their own families. Although DW are frequently provided board and food, they have their own families to support. Furthermore, board is provided in the interests of the employer and not the DW. Employers who can not afford a full-time DW could negotiate part-time work consistent with minimum wages.
- This has not significance to the economy: DW in the Philippines count up to 2 million. They are a significant proportion of the population and support their families on their earnings. The majority of DW come from poor families and their earnings are not enough to survive on. Improving the labour conditions for DW will improve the conditions of their families and help them step out of poverty. The positive social and economic impacts of paying DWs a decent wage has been demonstrated with the earnings of OFW DWs.
- DW is too complicated to legislate: many employers argue that it is too difficult to allocate specific hours as work and rest time and that it is part of the nature of DW that they are on call all the time. DWs are like anyone else and need private time to rest and for their own leisure. Employers can respect this need and make sure that the hours of work and rest are clearly attributed and respected. It is feasible and practical for employers to work around the rest schedule for DW. A cleaner in a private company is entitled to rest time as should DWs in private homes.
- It is impossible to enforce: a private home is an area that should be respected but once and individual becomes an employer they should recognise the responsibilities that it entails. Inspection of households is feasible to enforce. Furthermore there are other avenues open to enforcing DW labour legislation including simple tribunals or complaints mechanisms which can settle disputes between DW and their employers. Allowing DWs the right to organise will give them power to collectively negotiate for improved working conditions and to call on their representatives to help them with unfair working conditions. There are many avenues to enforcing DW legislation which are realistic and feasible.
The International Labour Organisation Convention on Domestic Workers
The ILO has been working towards recognising domestic work as formal work since the 1930s. However, only in 2011 was the first Convention on domestic workers passed. The Philippines was instrumental in the development and drafting of the Convention and in fact, Hans Cacdac, current Director of the Philippine Overseas Employment Administration, was Chairman of the Committee on Domestic Work. To date, however, the Philippines is yet to ratify the Convention.
The Philippines, a leading source of domestic workers around the world, has the opportunity to lead the international community in setting the standard for domestic workers by ratifying the convention.
What does the convention guarantee?
The convention recognises many rights which are already guaranteed in other conventions but are frequently not considered to apply to domestic workers. For example, Article 4 of the Convention on DW recognises that there should be a minimum age for DW in accordance with the UN Convention on the Rights of the Child.
The main provisions include:
a) Recognising that domestic work is work and should thus be regulated like any other labour sector
b) Labour regulations: the ILO Convention sets out labour regulation requirements that all states must institute including establishing a minimum age, a minimum wage, a right to decent working conditions and decent living conditions (with respect for privacy)
c) Contractual rights: All states should ensure that DW have the right to be aware of contract terms prior to starting employement. It also recognises the right to fair payment of wages in cash only; and the right to social security protection; migrant DW should be provided with a written copy of the contract which should also be explained to them before their departure to the country of work.
d) Human Rights of DW: The ILO Convention explicitly recognises the right to be free from physical, emotional and sexual abuse as well as a DW’s right to privacy. The right to freedom from forced or debt-bonded labour is also specifically recosnised.
e) Association Rights: The ILO Convention also recognises the right to freedom of association and collective bargaining of DW and the freedom to join organisations.
c) Monitoring procedures: States are required to actively regulate operation of employment agencies; create an investigation procedure, adopt measures to provide for the protection of DWs
Why ratify the convention?
In 2010, the number of DW deployed were 154,535 which accounted for 45% of deploys for that year.[3] Migrant DW remittances are a significant proportion of the total remittances and support the Philippines economy.
Yet their rights are persistently ignored. This Convention provides an opportunity to ensure that their rights are respected and would likely serve to increase total remittances received in the Philippines – a significant proportion of migrant DW wages are lost be unfair deductions or employers refusal to pay promised wages.
The Philippines could play a leading role in the International Community by ratifying the convention and illustrating the benefits of protecting DW nationally to set an example abroad. The provisions in the convention set a standard which all states should follow and the recognition of which would protect DW around the world.
The significant earnings of migrant domestic workers from the Philippines has made it impossible to ignore the economic importance of their work but there is still little recognition of the economic and social importance of local domestic workers. There is no clearer indication of this than the fact that the Kasambahay Bill (Domestic Workers Bill) has not been passed despite being first proposed 16 years ago.
National legislation
The first Kasambahay Bill was proposed 10 years ago and is still to be passed into law. In the subsequent 10 years, the number of DW in the Philippines has increased to 1.93 – 2.5 million. They are therefore not an insignificant workforce.
There have been as many versions of the Kasambahay Bill, however, the most recent version is a consolidated text of the 5 previous bills.
The key provisions protected in the Kasambahay Bill include:
1. Human Rights of DWs: recognises the right of Kasambahay to be free from involuntary serviture, debt bondage and trafficking. The right to humane conditions of work, social protection (which will be paid for by the employer without deductions on the employee); right to privacy; right to worship and right to education and further training.
2. Contractual Rights: Employers are required to provide a written contract detailing duties, responsibilities, compensation, working and living conditions, working hours. All DW are guaranteed a daily rest period of 8 hours and a weekly rest period of 24 consecutive hours every 6 days. DW are entitled to maternity leave and paid holiday leave
3. Minimum wage: The minimum wage will be raised to P3000 per month for NCR, P2500 for first class muncipalities, and 2000 per month in other muncipalities. All DWs receiving more than P1000 should be covered by the Social Security System.
4. Minimum Age: No children below the age of 18 should be employed as DW.
5. Payment conditions: DWs should be paid in cash with a pay slip twice a month and there can not be any unreasonable deductions including for loss or damage of household objects or for accommodation provided by the employer.
6. Working conditions: board, lodging and medical attendance are to be provided by the employer.
7. Government services: The Bill provides for the creation of dispute resolution mechanisms in the Barangay, Department of Labour and Employment, National Labour Relations Commission and the Courts.
Absent Provisions
Notable absences include the right to association and monitoring procedures. Without the right to association and effective monitoring procedures, there are no checks to ensure that the legal provisions are being met. The only option available to DW who are being exploited is to bring a formal complaint before the barangay. This can be a daunting process for DW who are dependent on their income to support their families and especially in cases where they are being employed by relatives or close family friends. Furthermore, it is necessary to recognise that there is a power imbalance between DW and their employers which the right to associate would redress. By forming organisations and associations, DW could collectively negotiate for improved working conditions.
Migrante International’s Policy Position
Domestic work is of economic and social importance regardless of where it takes place or who is responsible for it. For too long, the contributions of DW have been undermined and ignored. Migrante International strongly supports the creation of a legislative framework on domestic work which guarantees the rights of DWs at home and abroad.
To this aim, Migrante International urges the Philippines Government to ratify the ILO Convention on Domestic Workers and the passing of a national legislation meeting the standards of the ILO Convention. According to a 2005 survey conducted by the Social Weather Stations, 87% of Filipinos strongly agree that there should be a law addressing the domestic work sector. There is clearly strong public support behind the government and Migrante International encourages the legislature to pass this bill into law before the closing of the 15th Session of Congress.
Given the Philippine Governments notable role in the drafting of the ILO Convention on DW, Migrante Interntional urges the legislature to continue this work and to ratify the convention. The Philippines could be the lead the way at the international level on the recognition of domestic work.
Migrante International also urges the Philippine Government to recognise and protect the rights of domestic workers in the Philippines. ###
[1] M Jaymalin, ‘Lowly paid workers sending higher remittances,’ Philstar, Philippines, 23 June 2009 available at: http://www.philstar.com/article.aspx?articleid=480091
[2] Committee on Workers Overseas Welfare, news report available at http://www.asianews.it/news-en/Saudi-Arabia,-70-of-Filipino-domestic-workers-suffer-physical-and-psychological-violence-24260.html
[3] The Philippines Daily Inquirer, April 7, 2012 http://globalnation.inquirer.net/32067/overseas-deployment-of-filipino-domestic-workers-continues-to-rise
