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

2014 ◽  
Vol 53 (1) ◽  
pp. 250-266 ◽  
Author(s):  
Adelle Blackett

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.

2018 ◽  
Vol 1 (1) ◽  
pp. 109-133
Author(s):  
Kartika Dewi Mulyanto

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.


Author(s):  
Samir Amine ◽  
Wilner Predelus

The merit of employment regulations in a market economy is often measured by their effectiveness in facilitating job creation without jeopardizing the notion of “decent work,” as defined by the International Labor Organization (ILO). Consequently, the recent literature on employment legislation has extensively focused on the flexibility of the labor market, as a fair middle ground is always necessary to avoid undue distortions that can negatively impact the economy and worker's wellbeing. This chapter analyzes the provisions of the labor law in Haiti and how it affects job security and flexibility to observe a flexible structure that rather benefits employers. Notably, labor law in Haiti may have in fact rendered workers more vulnerable because these labor legislations were enacted on the assumption that employers and workers are on the same footing when it comes to industrial relations, while historic facts do not support such an assumption.


2015 ◽  
Vol 88 ◽  
pp. 156-165 ◽  
Author(s):  
Jennifer N. Fish

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.”


2012 ◽  
Vol 106 (4) ◽  
pp. 778-794 ◽  
Author(s):  
Adelle Blackett

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.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 413-417
Author(s):  
Guy Fiti Sinclair

When contemplating the transnational futures of international labor law, it is worthwhile pausing to reflect on the origins of that body of law and its relationship to the idea of transnationalism itself. Seeking to establish the universality of human problems, Philip Jessup famously defined transnational law as “all law which regulates actions or events that transcend national frontiers,” including both public and private international law as well as “other rules which do not fully fit into such standard categories.” This concept has proven extraordinarily durable, impacting legal theory in a variety of fields, not least transnational labor law. It is noteworthy, however, that Jessup's foundational text makes only a handful of references to the International Labour Organization (ILO) and instead focusses to a much greater extent on problems involving other aspects of international economic relations. This short essay connects and compares Jessup's concept of transnationalism to another conceptual framework in international law, devised at around the same time, which has a more direct lineage in the practice of the ILO and, perhaps, a place in its future development.


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