Key Benefits:
ACT 1595
(December 21)
Official Journal No. 48,651 of 21 December 2012
CONGRESS OF THE REPUBLIC
By means of which the "Convention on Decent Work for Workers and Domestic Workers, 2011 (number 189)", adopted in Geneva, Swiss Confederation, is approved at the 100th meeting of the Conference International Labor, on June 16, 2011.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the " Convention on Decent Work for Workers and Domestic Workers, 2011 (No. 189) ", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, 16 June 2011.
(To be transcribed: A copy of the authentic version of the Convention is attached in Spanish, published on the official website of the International Labour Organization, which consists of four (4) folios, certified by the Internal Working Party of the Treaties of the Ministry of Foreign Affairs.
Convention on Decent Work for Workers and Domestic Workers, 2011 (No. 189)
Adoption: Geneva, 100th meeting CIT (16 June 2011)
Preamble
The General Conference of the International Labour Organization: Convened in Geneva by the Board of Directors of the International Labour Office, and gathered in that city on 1 June 2011 at its 100th meeting;
Aware 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 in the ILO Declaration on social justice for equitable globalization;
Recognising the significant contribution of domestic workers to the global economy, which includes increased opportunities for paid employment for workers and workers with family responsibilities, the increase the capacity to care for the elderly, children and persons with disabilities, and a substantial contribution to the transfers of income in each country and between countries;
Considering that domestic work is still undervalued and invisible and that it is done mainly by women and girls, many of whom are migrants or are part of disadvantaged communities, and are particularly vulnerable to discrimination in respect of employment and working conditions, as well as other human rights abuses;
Considering also that in developing countries where historically there have been few formal employment opportunities domestic workers constitute an important proportion of the national labour force and are among the more marginalised workers;
Remembering that international labor agreements and recommendations apply to all workers, including domestic workers, unless otherwise provided;
Observing the special relevance for domestic workers of the Migrant Workers Convention (revised), 1949 (number 97), the Migrant Workers Convention (supplementary provisions), 1975 (number 143), the Convention on Workers with Family Responsibilities, 1981 (number 156), the Convention on Private Employment Agencies, 1997 (number 181), and the Recommendation on the Working Relationship, 2006 (number 198), as well as the Framework ILO Multilateral for Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration (2006);
Recognising the particular conditions under which domestic work is carried out, in view of which it is appropriate to supplement the rules of general scope with specific rules for domestic workers, in such a way as to can fully exercise their rights;
Remembering 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 Convention International 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 Organized Crime Transnational, and in particular its Protocol to Prevent, Repress and Punish Trafficking in Persons, especially Women and Children, as well as its Protocol against the Illicit Trafficking 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 their families;
Having decided to adopt a number of proposals concerning decent work for domestic workers, which is the fourth item on the agenda of the meeting, and after having decided that these proposals In the form of an international convention, it adopts, with the date of sixteen of June of two thousand eleven, the present Convention, which can be cited as the Convention on Workers and Domestic Workers, 2011.
For the purposes of this Convention:
(a) the expression domestic work designates the work done in a home or homes or for the same;
(b) the expression domestic worker designates any person, female or male, who performs a domestic job in the framework of a working relationship;
(c) a person who performs domestic work only occasionally or sporadically, without this job being a professional occupation, is not considered a domestic worker.
1. This Convention applies to all domestic workers.
2. Any Member ratifying this Convention may, after consultation with the most representative organisations of employers and workers, as well as with representative organisations of domestic workers and representative organisations of the employers of domestic workers, where such organisations exist, totally or partially exclude from their scope to:
(a) categories of workers for whom another type of protection is intended to be at least equivalent; and
(b) limited categories of workers in respect of which special problems of a substantive nature arise.
3. Any Member who takes up the possibility provided for in the preceding paragraph shall, in the first memory relating to the application of this Convention, be present in accordance with Article 22 of the Constitution of the International Labour Organization, indicate any particular category of workers who have been excluded under the above paragraph, as well as the reasons for such exclusion, and in subsequent reports shall specify all the measures which may have been taken for the purpose of to extend the application of this Convention to the workers concerned.
1. Any Member shall take measures to ensure the effective promotion and protection of the human rights of all domestic workers in accordance with the provisions of this Convention.
2. Each Member shall, as far as domestic workers are concerned, adopt the measures provided for in this Convention to respect, promote and realise fundamental principles and rights at work, namely:
(a) freedom of association and freedom of association and effective recognition of collective bargaining rights;
(b) the removal of all forms of forced or mandatory work;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in terms of employment and occupation.
3. By adopting measures to ensure that domestic workers and employers of domestic workers enjoy union freedom and freedom of association and effective recognition of collective bargaining rights, the Members shall protect the right of domestic workers and employers of domestic workers to constitute the organizations, federations and confederations they deem appropriate and, subject to the observation of the statutes of these organizations, to join them.
1. Each Member must fix a minimum age for domestic workers compatible with the provisions of the Minimum Age Convention, 1973 (number 138), and the Convention on the Worst Forms of Child Labour, 1999 (number 182), age not may be less than the minimum age stipulated in national legislation for workers in general.
2. Any Member shall take measures to ensure that work carried out by domestic workers under 18 years of age but above the minimum age for employment does not deprive them of compulsory schooling, nor does it compromise their opportunities for employment. access to higher education or vocational training.
Every Member must take measures to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence.
Every Member must take action to ensure that domestic workers, like other workers in general, enjoy fair employment conditions and decent working conditions, as well as, if they reside in the home for the working, decent living conditions that respect your privacy.
Any Member shall take measures to ensure that domestic workers are informed about their conditions of employment in an appropriate, verifiable and easily understandable manner, preferably, where possible, through written contracts. in accordance with national legislation or collective agreements, including in particular:
(a) the name and surnames of the employer and the worker and the respective address;
(b) the address of the usual place or places of work;
(c) the start date of the contract and, when it is subscribed for a specific period, its duration;
(d) the type of work to be performed;
(e) the remuneration, the method of calculation of the remuneration and the periodicity of the payments;
(f) normal business hours;
(g) annual paid leave and daily and weekly rest periods;
(h) the provision of food and accommodation, where applicable;
(i) the test period, where applicable;
(j) the conditions of repatriation, where applicable; and
(k) the conditions regarding the termination of the working relationship, including any notice period to be respected by the domestic worker or employer.
1. National legislation should provide for migrant domestic workers who are employed in a country to provide domestic service in another country to receive in writing an offer of employment or a contract of employment which is enforceable in the country. the country where the workers shall provide service, including the conditions of employment referred to in Article 7or, before crossing the national borders in order to be incorporated into domestic employment; refers to the offer or contract.
2. The provision of the above paragraph shall not apply to workers who have freedom of movement for employment under bilateral, regional or multilateral agreements or in the framework of economic integration organisations. regional.
3. Members shall take measures to cooperate with each other in order to ensure the effective implementation of the provisions of this Convention to Migrant Domestic Workers.
4. Any Member shall specify, by means of legislation or other measures, the conditions under which domestic migrant workers are entitled to repatriation after the expiry or termination of the employment contract under which they are entitled to return. were used.
Every Member must take measures to ensure that domestic workers:
(a) can freely reach with the potential employer or employer an agreement on whether or not they will reside in the home for which they work;
(b) residing in the household for which they work are not required to remain in the household or to accompany household members during daily and weekly rest periods or during annual leave; and
(c) have the right to keep your travel and identity documents.
1. Any Member shall take measures with a view to ensuring equal treatment for domestic workers and workers in general in relation to normal working hours, the compensation of overtime, periods of employment, daily and weekly rest and annual leave paid, in accordance with national legislation or collective agreements, taking into account the special characteristics of domestic work.
2. The weekly rest period shall be at least 24 consecutive hours.
3. Periods during which domestic workers do not freely dispose of their time and remain at the disposal of the household to respond to possible requirements of their services shall be regarded as working hours, to the extent that be determined in national law or collective agreements or in accordance with any other mechanism in accordance with national practice.
Every Member shall take measures to ensure that domestic workers benefit from a minimum wage regime, where that scheme exists, and that the remuneration is established without discrimination on the grounds of sex.
1. The wages of domestic workers shall be paid directly in cash at regular intervals and at least once a month. Unless the payment method is provided for in national legislation or collective agreements, the payment may be made by bank transfer, bank cheque, postal cheque or postal order or by other means of legal monetary payment, with the consent of the worker concerned.
2. In national legislation, collective agreements or arbitration awards may be provided that the payment of a limited proportion of the remuneration of domestic workers is subject to the form of payments in kind not less favourable than those which generally apply to other categories of workers, provided that measures are taken to ensure that payments in kind are made with the agreement of the worker, intended for use and personal benefit, and that the monetary value which is attribute to them is fair and reasonable.
1. Every domestic worker is entitled to a safe and healthy working environment. Any Member, in accordance with national law and practice, shall take effective measures, taking due account of the specific characteristics of domestic work, in order to ensure safety and health at work domestic workers.
2. The measures referred to in the preceding paragraph may be applied progressively in consultation with the most representative organisations of employers and workers, as well as with representative organisations of workers. domestic workers, and with representative organizations of domestic workers, when such organizations exist.
1. Any Member, taking due account of the specific characteristics of domestic work and acting in accordance with national law, shall take appropriate measures to ensure that domestic workers enjoy conditions which are no less favourable than the conditions applicable to workers in general with regard to the protection of social security, including in relation to maternity.
2. The measures referred to in the preceding paragraph may be applied progressively, in consultation with the most representative organisations of employers and workers, as well as with representative organisations of workers. domestic workers, and with representative organizations of domestic workers, when such organizations exist.
1. To effectively protect against abusive practices to domestic workers hired or placed by private employment agencies, including domestic migrant workers, every Member shall:
(a) determine the conditions governing the operation of private employment agencies that hire or place domestic workers in accordance with national law and practice;
(b) ensure the existence of an appropriate mechanism and procedures for the investigation of complaints, alleged abuse and fraudulent practices as regards the activities of private employment agencies in relation to the domestic workers;
(c) take all necessary and appropriate measures, both in its jurisdiction and, where appropriate, in collaboration with other Members, to provide adequate protection and to prevent abuses against contracted domestic workers or placed on its territory by private employment agencies. The laws or regulations specifying the respective obligations of the private employment agency and the household for the domestic worker shall be included and penalties shall be provided for, including the prohibition of those private employment agencies. that they incur fraudulent practices and abuses;
(d) to consider, when hiring domestic workers in a country to provide service in another country, the concertation of bilateral, regional or multilateral agreements in order to prevent abuse and fraudulent practices in the recruitment, placement and employment; and
(e) take measures to ensure that fees charged by private employment agencies are not discounted from the remuneration of domestic workers.
2. In implementing each of the provisions of this Article, any Member shall have consultations with the most representative organisations of employers and workers, as well as with representative organisations of the domestic workers and with representative organisations of the employers of domestic workers, where such organisations exist.
Any Member shall take measures, in accordance with national law and practice, to ensure that all domestic workers, whether in person or through a representative, have effective access to the courts or to the courts. other conflict resolution mechanisms under conditions not less favourable than the conditions laid down for workers in general.
1. Any Member shall establish effective and accessible complaint mechanisms and means to ensure compliance with national legislation relating to the protection of domestic workers.
2. Any Member shall formulate and implement measures relating to the inspection of work, the application of rules and penalties, with due regard to the special characteristics of domestic work, in accordance with the national legislation.
3. To the extent that it is compatible with national law, the conditions under which access to the home address may be authorised, in due respect for privacy, shall be specified in those measures.
Any Member, in consultation with the most representative organisations of employers and workers, shall implement the provisions of this Convention by means of legislation and collective agreements or other measures. additional measures in line with national practice, extending or adapting existing measures in order to apply them to domestic workers as well or by developing specific measures for this sector, as appropriate.
This Convention does not affect the most favourable provisions applicable to domestic workers under other International Labour Conventions.
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
1. This Convention shall bind only those Members of the International Labour Organization whose ratifications have been registered by the Director-General of the International Labour Office.
2. The Convention shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director General.
3. From that time, this Convention shall enter into force for each Member twelve months after the date of registration of its ratification.
1. Any Member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of an act communicated to the Director for registration. General of the International Labour Office. The complaint shall take effect one year after the date on which it was registered.
2. Any Member who has ratified this Convention and who, within one year of the expiry of the ten-year period referred to in the preceding paragraph, does not invoke the right of denunciation provided for in this Article shall be obliged to a further period of 10 years, and may subsequently denounce this Convention during the first year of each new ten-year period, under the conditions laid down in this Article.
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and complaints communicated to him by the Members of the Organization.
2. Upon notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the Members of the Organization to the date of entry into force of this Convention.
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, complete information on all ratifications and complaints you have registered.
Whenever it deems necessary, the Board of Directors of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the desirability of enrolling in the agenda of the Conference the question of your total or partial review.
1. Should the Conference adopt a new Convention entailing a revision of this Convention, and unless otherwise provided in the new Convention:
(a) the ratification, by a Member, of the new review agreement will entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in article 22, provided that the new reviewer convention has entered into force;
(b) as of the date the new reviewer agreement enters into force, this Convention shall cease to be open for ratification by the Members.
2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the Convention.
The English and French versions of the text of this Convention are equally authentic.
Consulting 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 -Supplemental: R201 Domestic Workers Recommendations, 2011
R198 -Recommendations: R198 Employment Relationship Recommendation, 2006
See also
Ratifications by country
Submissions to compete authorities by country.
The undersigned Coordinator of the Internal Law Working Group of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia.
CERTIFIES:
That the text of the "Convention on Decent Work for Workers and Domestic Workers, 2011 (number 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, on 16 June 2011, which is accompanied by this bill, corresponds to the authentic version, in Spanish, published on the official website of the International Labour Organization.
Dada in Bogotá, D. C., at three (3) days of the month of April two thousand twelve (2012).
The Coordinator of the Internal Working Group of the Treaties Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., April 4, 2012.
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister of Multilateral Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
Article 1o. Approve the "Convention on Decent Work for Workers and Domestic Workers, 2011 (No 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, 16 June 2011.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on Decent Work for Workers and Domestic Workers, 2011 (No 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, on June 16, 2011, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Labor.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Labor,
RAFAEL PARDO WHEEL.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., April 4, 2012.
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister of Multilateral Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
Article 1o. Approve the "Convention on Decent Work for Workers and Domestic Workers, 2011 (No 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, 16 June 2011.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on Decent Work for Workers and Domestic Workers, 2011 (No 189)", adopted in Geneva, Swiss Confederation, at the 100th meeting of the International Labour Conference, on June 16, 2011, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
ROY MONTEALEGRE BARRIERS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (E.) of the honourable House of Representatives,
MARINE FLOWER DAZA RAMIREZ.
REPUBLIC OF COLOMBIA
NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 21 December 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Labor,
RAFAEL PARDO WHEEL.
