Law 1595 2012

Original Language Title: LEY 1595 de 2012

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ACT OF 2012
1595 (December 21)
Official Gazette No. 48651 of December 21, 2012 CONGRESS OF THE REPUBLIC

Through which the "Convention on Decent Work approved for and the Domestic Workers, 2011 Workers (No. 189) ", adopted in Geneva, Swiss Confederation, at the 100th session of the International Labour Conference on 16 June 2011. Summary

Term Notes Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Convention on Decent Work for Domestic Workers and, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting International Labour Conference on 16 June 2011.
(to be transliterated: copy of the authentic version of the Convention in Spanish language is attached, published in the official website of the International Labour Organization, which consists of four (4) pages, certified by the Coordinator of the Internal Working Group of Treaties of the Ministry of Foreign Affairs).
Convention on Decent Work for Domestic Workers and, 2011 Workers (No. 189)
Adoption: Geneva, 100th ILC session (June 16, 2011)

Preamble The General Conference of the Organization International Labour convened at Geneva by the Governing Body of the International Labour Office, and having met in its 1 June 2011 at its hundredth session;
Conscious of the commitment of the International Labour Organization to promote decent work for all by achieving the goals set out in the ILO Declaration on Fundamental Principles and Rights at Work and the ILO Declaration on social justice for a fair globalization;
Recognizing the significant contribution of domestic workers to the global economy, which includes increasing paid job opportunities for women workers and workers with family responsibilities, increased capacity for care of the elderly, children and people with disabilities, and substantial transfers of income in each country and between countries contribution;
Considering that domestic work continues to be undervalued and invisible and is mainly carried women and girls, many of whom are migrants or members of disadvantaged communities, and are particularly vulnerable to discrimination with regard to conditions employment and working conditions and other abuses of human rights;
Considering also that in developing countries where historically there has been little formal employment opportunities domestic workers constitute a significant proportion of the national workforce and are among the most marginalized workers;
Recalling that international conventions and recommendations of work to apply all workers, including domestic workers, unless otherwise provided;
Noting the special relevance for domestic workers have the Migrant Workers Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Convention workers with Family Responsibilities Convention, 1981 (No. 156), the Convention on Private Employment Agencies, 1997 (number 181), and Recommendation on the Employment Relationship, 2006 (number 198) and the Multilateral Framework ILO Labour migration: non-binding principles and guidelines for labor migration approach based on rights (2006);
Recognizing the particular conditions in which domestic work is carried out, given which is appropriate to supplement the general standards with specific standards for domestic workers, so that they can fully exercise their rights;

Recalling other relevant international instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination , the Convention on the Elimination of All Forms of Discrimination against Women, the United Nations Convention against Transnational Organized Crime, and in particular its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and as its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Having decided upon the adoption of certain proposals concerning decent work for domestic workers, which is the fourth item on the agenda of the meeting, and after having determined that these proposals shall take the form of an international Convention, adopts dated June 16, two thousand eleven, this Convention, which may be cited as the Convention on Domestic Workers and Domestic Workers, 2011.

ARTICLE 1. for the purposes of this Convention: || | (a) the term home work means work performed in a home or homes or for them;
(B) the domestic worker means any person, female or male gender, engaged in domestic work within an employment relationship;
(C) a person who performs domestic work only occasionally or sporadically and without this work a professional occupation, not a domestic worker.
ARTICLE 2.

1. This Convention applies to all domestic workers.
2. Each Member which ratifies this Convention may, after consultation with the most representative organizations of employers and workers, as well as organizations representing domestic workers and representative organizations of employers of domestic workers, where such exist exclude wholly or partly from its scope to:
(a) categories of workers for which other protection that is at least equivalent is provided;
and (b) limited categories of workers in respect of which special problems of a substantial nature arise.
3. Each Member which avails itself of the possibility provided for in the preceding paragraph shall, in its first report on the implementation of this Convention under article 22 of the Constitution of the International Labour Organization, indicate any particular category of workers it has been excluded under that paragraph above, and the reasons for such exclusion, and in subsequent reports shall specify all measures that have been taken in order to extend the application of this Convention to the workers concerned.
ARTICLE 3.

1. Each Member shall take measures to ensure the effective promotion and protection of human rights of all domestic workers, in accordance with the provisions of this Convention.
2. Each Member shall, with regard to domestic workers, the measures provided for in this Convention to respect, promote and realize fundamental principles and rights at work, namely:
(a) freedom of association and freedom of association and the effective recognition of the right to collective bargaining;
(B) the elimination of all forms of forced or compulsory labor;
(C) the effective abolition of child labor;
and (d) the elimination of discrimination in respect of employment and occupation.
3. Members should to take steps to ensure that domestic workers and employers of domestic workers enjoy freedom of association and freedom of association and the effective recognition of the right to collective bargaining, protect the right of domestic workers and employers of domestic workers to establish organizations, federations and confederations of their own choosing and, provided the rules of these organizations, to join them.

ARTICLE 4.

1. Each Member shall specify a minimum age for domestic workers consistent with the provisions of the Convention on the Minimum Age Convention, 1973 (No. 138), and the Convention on the Worst Forms of Child Labour Convention, 1999 (No. 182), age may not be below the minimum age stipulated in national legislation for workers in general.
2. Each Member shall take measures to ensure that work performed by child domestic workers under 18 but above the minimum age for employment does not deprive them of compulsory education, or interfere with opportunities to access higher education or vocational training .


ARTICLE 5. Each Member shall take measures to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence.


ARTICLE 6. Each Member shall take measures to ensure that domestic workers, like workers generally, enjoy fair terms of employment and decent working conditions and, if they reside in the home for working, decent living conditions that respect their privacy.


ARTICLE 7. Each Member shall take measures to ensure that domestic workers are informed about their employment conditions appropriate, verifiable and easily understandable manner, preferably, where possible, through written contracts in accordance with national or collective agreements, including in particular legislation:
(a) the name and surname of the employer and the worker and the respective direction;
(B) the address of the place or places of habitual work;
(C) the date of the contract and when this is signed for a specific period, its duration;
(D) the type of work to be done;
(E) the remuneration, method of calculation and periodicity of payments;
(F) the normal hours of work;
(G) paid annual leave and periods of daily and weekly rest;
(H) the provision of food and accommodation, if applicable;
(I) the period of probation, if applicable;
(J) the terms of repatriation, if applicable; and
(k) conditions relating to the termination of the employment relationship, including any notice period to be respected by the domestic worker or the employer.
ARTICLE 8.

1. In national legislation should provide that migrant domestic workers who are recruited in one country to provide domestic service in another country to receive a written offer of employment or an employment contract which is enforceable in the country where workers will serve that including employment conditions specified in Article the 7th, before crossing national borders in order to join the domestic employment to which the offer or the contract relates.
2. The provision of the preceding paragraph shall not apply to workers who have freedom of movement for employment under bilateral, regional or multilateral or within the framework of regional economic integration organizations agreements.
3. Members should take measures to cooperate with each other to ensure the effective implementation of the provisions of this Convention to migrant domestic workers.
4. Each Member shall specify, through legislation or other measures, the conditions under which migrant domestic workers are entitled to repatriation after the expiration or termination of the employment contract under which they were employed.


ARTICLE 9. Each Member shall take measures to ensure that domestic workers:
(a) free to reach the employer or potential employer agree on whether to reside at home for working ;
(B) residing in the home for which they work are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave;
and (c) are entitled to keep their travel documents and identity.
ARTICLE 10.

1. Each Member shall take measures to ensure equal treatment between domestic workers and workers generally in relation to normal working hours, compensation for overtime, periods of daily and weekly rest and paid annual leave in accordance with national law or collective agreements, taking into account the special characteristics of domestic work.
2. The weekly rest period must be at least 24 consecutive hours.

3. The periods during which domestic workers are not free to dispose of their time and remain available to the household to respond to possible requirements of their services should be considered as working hours, to the extent it is determined in national legislation or collective agreements or under any other mechanism in accordance with national practice.


ARTICLE 11. Each Member shall take measures to ensure that domestic workers benefit from a system of minimum wage coverage where such coverage exists, and that remuneration is established without discrimination based on sex.
ARTICLE 12.

1. Wages of domestic workers should be paid to them directly in cash at regular intervals and at least once a month. Unless the mode of payment is provided for in national legislation or collective agreements, payment may be made by bank transfer, bank check, postal check or money order or other means of legal monetary payment, with the consent of the worker concerned.
2. In national legislation, collective agreements or arbitration awards may provide for the payment of a limited proportion of the remuneration of domestic workers in the form of payments in kind are not less favorable than those generally applicable to other categories of workers, provided that measures are taken to ensure that payments in kind are made with the agreement of the worker, which are intended for personal use and benefit, and that the monetary value attributed to them is fair and reasonable.
ARTICLE 13.

1. Every domestic worker has the right to a safe and healthy workplace. Each Member shall, in accordance with national law and practice should take effective measures, with due regard to the specific characteristics of domestic work, to ensure safety and health at work of domestic workers.
2. The measures referred to in the preceding paragraph may progressively implemented in consultation with the most representative organizations of employers and workers, as well as organizations representing domestic workers and representative organizations of employers of domestic workers, where such exist.
ARTICLE 14.

1. Each Member shall, with due regard to the specific characteristics of domestic work and acting in accordance with national law, shall take appropriate measures to ensure that domestic workers enjoy conditions not less favorable measures that the conditions applicable to workers in general regarding the protection of social security, including with respect to maternity.
2. The measures referred to in the preceding paragraph may be applied progressively, in consultation with the most representative organizations of employers and workers, as well as organizations representing domestic workers and representative organizations of employers of domestic workers , where such exist.
ARTICLE 15.

1. To effectively protect against abusive practices to domestic workers recruited or placed by private employment agencies, including migrant domestic workers, each Member shall:
(a) determine the conditions governing the operation of private employment agencies recruiting or placing domestic workers, in accordance with national law and practice;
(B) ensure the existence of a mechanism and procedures for the investigation of complaints, alleged abuses and fraudulent practices as regards the activities of private employment agencies in relation to domestic workers;
(C) take all necessary and appropriate measures, both within its jurisdiction and, where appropriate, in collaboration with other Members, to provide adequate protection and prevent abuses against domestic workers recruited or placed in its territory by agencies private employment. laws or regulations in the respective obligations of the private employment agency and the household towards the domestic worker specified and shall provide for penalties, including prohibition of those private employment agencies which engage in fraudulent practices and abuses be included;

(D) consider, where domestic workers are recruited in one country for work in another country, the conclusion of bilateral, regional or multilateral agreements to prevent abuses and fraudulent practices in recruitment, placement and the job;
and (e) take measures to ensure that fees charged by private employment agencies are not deducted from the remuneration of domestic workers.
2. To implement each of the provisions of this Article, each Member shall consult with the most representative organizations of employers and workers, as well as organizations representing domestic workers and organizations representing employers of workers domestic, where such exist.


ARTICLE 16. Each Member shall take measures in accordance with national law and practice, to ensure that all domestic workers, either in person or through a representative, have effective access to the courts or other dispute resolution mechanisms under conditions no less favorable than the conditions for workers in general.
ARTICLE 17.

1. Each Member shall establish complaint mechanisms and effective and accessible means to ensure compliance with national legislation on the protection of domestic workers.
2. Each Member shall formulate and implement measures for labor inspection, the application of rules and sanctions, paying due attention to the special characteristics of domestic work, in accordance with national legislation.
3. To the extent that it is consistent with national law, such measures must specify the conditions under which may be authorized access to the home address, in due respect to privacy.


ARTICLE 18. Each Member, in consultation with the most representative organizations of employers and workers, should implement the provisions of this Convention through legislation and collective agreements or additional measures in accordance with national practice, by extending or adapting existing ones to also apply to domestic workers or by developing specific measures for this sector, as appropriate measures.


ARTICLE 19. This Convention does not affect more favorable provisions applicable to domestic workers under other international labor Conventions.
ARTICLE 20.

The formal ratifications of this Convention shall be communicated to registration, the Director General of the International Labour Office.
ARTICLE 21.

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director General of the International Labour Office.
2. The Convention will enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General.
3. Thereafter, this Convention shall enter into force for any Member twelve months after the date of registration of ratification.
ARTICLE 22.

1. Each Member which has ratified this Convention may denounce it after the expiration of a period of ten years, counted from the date on which the Convention first comes into force, by an act communicated for registration, the Director General of the Office International Labour. Denunciation shall take effect one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which, within one year after the expiration of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention within the first year of each new period of ten years under the conditions laid down in this article.
ARTICLE 23.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification that has been communicated, the Director General shall draw the attention of the Members of the Organization the date on which comes into force this Convention.

ARTICLE 24.

The Director General of the International Labour Office shall communicate to the Secretary General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and denunciations that have been registered .


ARTICLE 25. Whenever deemed necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of the Convention and shall examine the desirability of placing on the agenda of the Conference the question of its full or partial revision.
ARTICLE 26.

1. Should the Conference adopt a new Convention entailing a review of this Agreement, and unless the new Convention otherwise provided:
(a) the ratification by a Member of the new revising Convention shall imply, ipso jure the immediate denunciation of this Convention, notwithstanding the provisions of Article 22, provided that the new revising Convention has entered into force;
(B) from the date of entry into force of the new revising Convention, this Convention shall cease to be open to ratification by the Members.
2. This Agreement shall remain in force in any case, in its actual form and content for those Members which have ratified and not ratified the revising Convention.
ARTICLE 27.

The English and French versions of the text of this Convention are equally authoritative.

To consult the relevant Conventions C097 - Conventions: C097 Migration for Employment Convention (Revised), 1949
C138 - Conventions: C138 Minimum Age Convention, 1973
C143 - Conventions: C143 Migrant Workers (Supplementary Provisions ) Convention, 1975
C156 - Conventions: C156 Workers with Family Responsibilities Convention, 1981
C181 - Conventions: C181 Private Employment Agencies Convention, 1997
C182 - Conventions: C182 Worst Forms of Child Labour Convention, 1999 |
|| Recommendations R201 - Supplemented: R201 Domestic Workers Recommendation, 2011
R198 - Recommendations: R198 Employment Relationship Recommendation, 2006 See also


Submissions Ratifications by country by country to competent Authorities.
The Coordinator signed the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs of the Republic of Colombia. CERTIFIES
:
That the text of the "Convention on Decent Work for Domestic Workers and, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th Session of the International Labour Conference the June 16, 2011, which is attached to this bill corresponds to the authentic version, in Spanish language, published in the official website of the International Labour Organization.
Given in Bogotá, DC, three (3) days of April, two thousand twelve (2012).
The Coordinator of Internal Working Group Treaty Directorate of International Legal Affairs, Alejandra Valencia
GARTNER. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, April 4, 2012. Authorized
. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Vice Minister of Multilateral Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Patti Londoño Jaramillo.
DECREES: Article 1.
. Approval of the "Convention on Decent Work for Domestic Workers and, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th Session of the International Labour Conference on 16 June 2011. || | Article 2.. In accordance with the provisions of article 1 of Law 7 of 1944, the "Convention on Decent Work for Domestic Workers and Household, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting the International Labour Conference on 16 June 2011, that article 1 of this law is passed, will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable ... Presented to Congress by the Minister of Foreign Affairs and the Minister of Labour.
The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Labour,
RAFAEL PARDO RUEDA. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, April 4, 2012. Authorized
. Submit for consideration by the honorable Congress for constitutional purposes.

(Sgd.)
CALDERON JUAN MANUEL SANTOS Vice Minister of Multilateral Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Patti Londoño Jaramillo.
DECREES: Article 1.
. Approval of the "Convention on Decent Work for Domestic Workers and, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th Session of the International Labour Conference on 16 June 2011. || | Article 2.. In accordance with the provisions of article 1 of Law 7 of 1944, the "Convention on Decent Work for Domestic Workers and Household, 2011 Workers (No. 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting the International Labour Conference on 16 June 2011, that article 1 of this law is passed, will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate,
Roy Barreras Montealegre.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SÁNCHEZ.
The General Secretary (E) of the honorable House of Representatives,
FLOR MARINA RAMIREZ DAZA. REPUBLIC OF COLOMBIA


Contact NATIONAL GOVERNMENT AND ENFORCED.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on December 21, 2012.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Labour,
RAFAEL PARDO RUEDA.

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