The Decent Work for Domestic Workers Convention and Recommendation, 2011

The international landscape on the regulation of domestic work is changing dramatically. At the hundredth session of the International Labour Conference (ILC) in June 2011, the International Labour Organization (ILO) adopted the historic Decent Work for Domestic Workers Convention, 2011 (No. 189) and accompanying Recommendation No. 201. These new international labor standards come sixty-three years after the ILO adopted its first resolution on the conditions of employment of domestic workers and forty-six years after its second such resolution, which recalled the "urgent need" for standards "compatible with the self-respect and human dignity which are essential to social justice" for domestic workers. The robust, comprehensive international norms were adopted after two decades in which the ILO's standard setting has been deeply criticized and its tripartite structure repeatedly challenged to become more representative. Since additional critique of the ILO standards system emerged at the ILC's 101st session in 2012, it would be an overstatement to suggest that the new instruments reflect an unequivocally positive trend in standard setting. Even so, they offer a critical realist basis for considering that ILO standard setting remains salient and that international social dialogue remains possible.

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Urgensi Ratifikasi Konvensi Pekerjaan yang Layak bagi Pekerja Rumah Tangga oleh Pemerintah Indonesia

Undang Jurnal Hukum ◽

10.22437/ujh.1.1.109-133 ◽

2018 ◽

Vol 1 (1) ◽

pp. 109-133

Author(s):

Kartika Dewi Mulyanto

Keyword(s):

Human Rights ◽

Social Status ◽

Domestic Workers ◽

International Labour Organization ◽

International Labor Organization ◽

Human Beings ◽

Decent Work ◽

Domestic Worker ◽

International Labor ◽

The Social

The existence of domestic workers or better known as domestic workers is no stranger to the life of Indonesian society. Domestic worker is a job that provides services to a family to do homework such as cooking, cleaning house, washing clothes and others. However, because there is no regulation that regulates domestic workers maximally, and there are often different degrees between employers and workers, there is a lot of violence against domestic workers. In 2011, the International Labor Organization issued an ILO Convention No. 189 on Decent Work for Domestic Workers. This Convention as evidence that domestic workers need to be legally protected as human beings with human rights. Based on the result of the research, it can be concluded that the act of ratification of ILO Convention No. 189 of 2011 on Decent Work for Domestic Workers needs to be done, in an effort to increase the protection of domestic workers' rights law, to increase the economy of domestic workers, and to raise the social status of domestic workers Indonesia. Abstrak Keberadaan pekerja rumah tangga atau yang lebih dikenal sebagai pembantu rumah tangga sudah tidak asing lagi dalam kehidupan masyarakat Indonesia. Pekerja rumah tangga merupakan suatu pekerjaan yang memberikan jasa kepada suatu keluarga untuk mengerjakan pekerjaan rumah seperti memasak, membersihakan rumah, mencuci baju dan yang lainnya. Namun karena belum ada regulasi yang mengatur pekerja rumah tangga secara maksimal, dan sering terjadi perbedaan derajat antara majikan dan pekerja, maka banyak terjadi kekerasan terhadap pekerja rumah tangga. Pada tahun 2011, International Labour Organization mengeluarkan suatu Konvensi ILO Nomor 189 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga. Konvensi ini sebagai bukti bahwa pekerja rumah tangga perlu mendapat perlindungan secara hukum sebagai manusia yang memiliki hak asasi manusia. Berdasarkan hasil penelitian dapat disimpulkan bahwa tindakan ratifikasi Konvensi ILO Nomor 189 tahun 2011 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga perlu dilakukan, sebagai upaya peningkatan perlindungan hukum hak-hak pekerja rumah tangga, peningkatkan ekonomi pekerja rumah tangga, serta menaikkan status sosial pekerja rumah tangga Indonesia.

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The ILO’s Standard-Setting

The Oxford Handbook of United Nations Treaties ◽

10.1093/law/9780190947842.003.0014 ◽

2019 ◽

pp. 228-248

Author(s):

George P. Politakis

Keyword(s):

Standard Setting ◽

Labor Standards ◽

International Labor Standards ◽

International Court Of Justice ◽

International Treaty ◽

Supervisory System ◽

Court Of Justice ◽

International Labor ◽

International Court ◽

Limited Possibility

Established 100 years ago as a normative institution to promote social justice, the International Labour Organization (ILO) fulfills its mission principally through the adoption of international labor standards. To date, those standards have taken the form of 189 international labor Conventions, six Protocols, and 205 international labor Recommendations. ILO standard-setting follows special techniques and practices, mainly because of the Organization’s unique tripartite structure, that have given shape to specificities such as the inadmissibility of reservations, the frequent recourse to built-in flexibility, and the limited possibility for denunciation. The interpretation of international labor Conventions is, pursuant to a specific constitutional provision, entrusted to the International Court of Justice, while the application of international labor standards is monitored by an elaborate supervisory system that combines standing bodies responsible for the regular examination of reports and special adversarial procedures activated by different complaint mechanisms. Today, the abrogation of outdated instruments and the consolidation of up-to-date standards into framework Conventions are among the key challenges for enhancing the relevance and impact of standards. Standard-setting has distinctively marked the Organization’s 100-year-long history and has in many respects broken new ground in the field of international treaty law.

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Making History through Policy: A Field Report on the International Domestic Workers Movement

International Labor and Working-Class History ◽

10.1017/s0147547915000253 ◽

2015 ◽

Vol 88 ◽

pp. 156-165 ◽

Cited By ~ 2

Author(s):

Jennifer N. Fish

Keyword(s):

Domestic Workers ◽

Labor Policy ◽

International Labor Organization ◽

Decent Work ◽

International Convention ◽

New Beginning ◽

International Labor ◽

Distinct Process ◽

Field Report ◽

National Economies

AbstractPaid household labor has fertilized the development of national economies, while also nourishing the capitalist labor systems that has allowed globalization to thrive. However, this transnational sector has remained historically invisible, devalued, and unprotected from national and international legislative frameworks. In 2010, the International Labor Organization (ILO) finally embraced this challenge through two years of negotiations on the world's first international convention to assure “Decent Work for Domestic Workers.” These tripartite debates set the stage for the largest inclusion of “actual workers” in policy making. The debates also mobilized the world's first international domestic workers’ movement. This report from the field highlights a distinct process whereby workers themselves played a pivotal role in the creation of international labor policy. According to International Domestic Workers Federation president Myrtle Witbooi, this “new beginning” set “a benchmark for decent work and social equality.”

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The Decent Work for Domestic Workers Convention, 2011 (No. 189) and Recommendation (No. 201)

International Legal Materials ◽

10.5305/intelegamate.53.1.0250 ◽

2014 ◽

Vol 53 (1) ◽

pp. 250-266 ◽

Cited By ~ 10

Author(s):

Adelle Blackett

Keyword(s):

Human Rights ◽

Women Workers ◽

Labor Law ◽

Domestic Workers ◽

International Labour Organization ◽

Decent Work ◽

International Labor

The International Labour Organization (ILO) adopted the Decent Work for Domestic Workers Convention, 2011 (No. 189) (the Domestic Workers Convention or Convention), as supplemented by an accompanying non-binding Recommendation (No. 201), on June 16, 2011. Both instruments were immediately hailed as historic. Two years later, on September 5, 2013, the Domestic Workers Convention entered into force, thus bringing the fifty-three to 100 million predominantly women workers—many of whom are migrants—squarely within the corpus of international labor law, with due attention paid to the specificity of their human rights claims.

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Decent Work for Domestic Workers in Argentina

Journal of Labor and Society ◽

10.1163/24714607-20212007 ◽

2021 ◽

Vol 24 (1) ◽

pp. 187-213

Author(s):

Lorena Poblete

Keyword(s):

Domestic Work ◽

Domestic Workers ◽

Full Time ◽

Decent Work ◽

State Institutions ◽

International Labor ◽

Institutional Responses ◽

Time Work ◽

Labor Relationship ◽

National Tax

Abstract Informality characterized domestic work in Argentina. Only 24% of domestic workers are formal workers. Therefore, informality became the target for transforming domestic work into “decent work,” following the International Labor Organization’s agenda. Looking at three different state institutions participating in this transformation—the Argentine Congress, National Tax Agency and Domestic Work Tribunal, this article seeks to understand how the notion of informality and the conceptualization of this particular labor relationship condition institutional responses. Thus, the article shows that in order to expand domestic workers’ rights, the three institutions focus on one particular working-time arrangement: full-time work. As a result, domestic workers working a few hours per week for several employers do not access the same protections, and are only marginally included within the scope of the law. For them, decent work seems to be unattainable.

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