A/HRC/15/20*
Special Administrative Region of China, foresees a minimum wage, overtime pay, a weekly
day of rest, maternity leave and paid annual leave for domestic workers. Austrian law
requires that live-in domestic workers have at least a 10-hour period of daily rest, including
during the night hours of 9 p.m. to 6 a.m.
78.
Some countries have introduced standard contracts for migrant domestic workers
that provide certain minimum standards of employment. In 2007, for example, the United
Arab Emirates introduced a standard contract for domestic workers that details entitlements
relating to wages, rest breaks, payment of salaries and medical treatment. Lebanon followed
suit in 2009. Standard contracts constitute a significant advance, although many still fall
short of guaranteeing minimum international standards, including non-discrimination
between different types of workers. The introduction of standard contracts can supplement,
but not substitute labour legislation. Effective labour laws protect domestic workers by
setting out penalties, monitoring systems, accessible complaint mechanisms and effective
remedies that go beyond the inherent limits of contract law.
79.
Even where there are laws and contracts that are meant to protect domestic workers,
they are often inadequately enforced. Sometimes employers do not even have to register
live-in domestic workers. There are no meaningful complaints mechanisms or the
authorities fail to adequately follow up complaints. In many countries, the authorities also
lack the legal power or human resources to follow up violations taking place in private
homes. A positive exception is Uruguay, where the Labour and Social Security Inspectorate
can obtain judicial authorization to conduct home inspections in cases of presumed labour
law violations; the inspectorate has created a special section to monitor domestic work.36
Other countries require that employers ensure that live-in domestic workers attend periodic,
private interviews with labour inspectors. This breaks their isolation and allows them to
report abuse and exploitation.
80.
The implementation and enforcement of applicable laws and contracts is often
undermined because domestic workers are not adequately informed of their rights and
obligations. By the same token, many employers are not sensitized thereon and it is left to
their individual moral judgement to determine what constitutes fair treatment. Unions may
find it difficult to organize domestic workers since they are dispersed and often hard to
access if they live with their employers. In some cases, domestic workers are even
prohibited from forming or joining trade unions, which constitutes a violation of the right to
freedom of association and the prohibition of discrimination. These obstacles
notwithstanding, non-governmental organizations and domestic worker self-help groups
have taken up tasks that are the responsibility of the Government: setting up points of
information in places where domestic workers are accessible (e.g. shopping malls or waterdrawing points) or providing shelter for workers fleeing abuse or exploitation.
81.
The migrant domestic sector is particularly underregulated. Many countries have left
the organization of this sector entirely to transnational recruitment agencies who are often
more concerned with satisfying employers’ needs than protecting the human rights of the
human beings they recruit. In some cases, the authorities have not even put in place basic
measures, such as a registration system that records which recruitment agency is bringing in
which domestic worker and who that person ends up working for.37 Problems are often
handled by immigration authorities, which lack the technical expertise to appropriately
address them.
36
37
16
Human Rights Watch, “Decent Work for Domestic Workers: The Case for Global Labor Standards”
(2010), p. 19.
See e.g. Special Rapporteur on the human rights of migrants, mission to Mexico, A/HRC/11/7/Add.2,
para. 91; A/HRC/11/6/Add.3, para. 63.
GE.10-15169
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