CHAPTER TWO
6. The right to a safe and healthy working environment (article 13)
7. Respect for social security protection, including maternity benefits (article 14) 8. Access to courts, tribunals or other dispute resolution mechanisms (article 16)
The accompanying Recommendation has provided practical guidance concerning possible legal and other measures to implement the rights and principles stated in the Convention. The first ratifying instrument to be received at the international labour office on 14th June 2012 was from Uruguay; followed by the ratification on 5th September 2012 by the Philippines. In compliance with Article 21 of the convention, its provisions came into effect on 5th September 2013. The convention has also been ratified by 17 countries, is currently in force in 11 countries.61 Although, it may be argued that Convention (No. 189) in itself, did not introduce any new rules, but consolidates and codifies all the existing labour rules with a view to formulating an international labour standard, significant concentration has to be given to the implementation of the rights contained within the convention. The fact that the convention sets the standard for the treatment and the management of the affairs of domestic workers globally is highly significant (HRW, 2014). To assist with its worldwide implementation, the ILO has published a guide in 2012 to assist with designing labour laws worldwide. It hopes the guide would assist those involved in the review and formulation of labour laws and regulations that aim to protect domestic workers.62
61
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:2551460 last accessed August 10, 2015
62 ILO: Effective protection for domestic workers: a guide to designing labour laws / International Labour Office, Conditions of Work and Employment Programme, Industrial and Employment Relations Department – Geneva: ILO, 2012
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The ILO argued that a well-drafted labour law would help in addressing the power imbalance between the worker and their employers; whereby minimising abuse and exploitations. Given that the majority of the domestic workers worldwide are women, the ILO also reiterated that law and policy makers must bear the gendered aspect of domestic work in mind, promote laws that provide adequate protection from abuse, harassment and violence, gender-based pay discrimination, maternity protection, and introduce measures to facilitate the balancing of work and family life. Concluding that the laws should deal with specific issues, such as living arrangements, the ILO argues by introducing a measure to ensure decent living conditions, transparent and fair working time arrangements, freedom of movement and communication for the domestic workers; and facilitates complaints procedure for aggrieved workers, the life experience of the domestic workers could be improved. The ratification of the convention by Germany and Italy plainly nullifies the fear of the UK Government and dilutes the Government argument on the incompatibility of the convention with the UK health and safety law, which implements Directive 89/391/EEC - OSH "Framework Directive’’.63
Furthermore, considering that Italy has now incorporated the convention into a collective agreement for the domestic workers, the continued isolation of the UK domestic workers by the actions and inactions of the British Government continue to raise concerns. Although, the European Commission has welcomed the adoption by the EU's Council of Ministers of a Decision authorising Member States to ratify Convention 189, 64 it is difficult to see how, in the absence of any enforceable EU law, countries like the UK, who constantly opt out of most international and EU migration provision, would be persuaded to adopt this convention.
63 Council Directive 89/391/EEC OHS Framework Directive Official Journal L 183, 29/06/1989 P. 0001 - 0008
64 European Commission, Working conditions: time for Member States to implement the ILO domestic workers convention, Press Release, Brussels: European Commission, 28 January 2014
http://europa.eu/rapid/press-release_IP-14-82_en.htm?locale=en last accessed August 16, 2015
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2.9 CHAPTER CONCLUSION
This chapter has examined and explored both electronic and hard copies of academic and non-academic literature on the ODWs in the private and diplomatic households. There is nothing in the literature to suggest ODWs are no longer required in the UK. On the contrary, the continued issuance of the ODWs visa to allow non-EU workers to take on the role of domestic workers in the UK suggests these workers are still important to the UK labour market. The history of domestic work in private households as unpaid women chores, coupled with the private nature of the workplace, contribute to the negative experience of domestic workers. In addition, because domestic work is seldom regarded as a proper job, it is not surprising that unlike the work permit issued to other professionals, the ODWs visa gives very little employment and related rights. As such, domestic workers continue to lack some of the protections that are available to other workers. Where domestic workers are entitled and able to assert some employment rights, those rights are often difficult to assert because of other constraints such as immigration and access to justice.
This chapter identified that ODWs personal attributes such as poor socioeconomic background expose them to trafficking and predispose them to great risk in the labour market.
A series of political, social and economic factors further complicates their problems. Women make up the vast majority of migrant domestic workers; some of whom were trafficked for labour exploitation and servitude. Even though the UN and other international organisations have attempted to equate any discrimination against migrant domestic workers as discrimination against women, the proposition does not appear to have been widely accepted.
The dilemma for member States of the UN is forging a fair balance between the need to maintain sustainable immigration control and respect for the individual’s human and labour rights.
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Although the ILO convention 189 may not set entirely new laws or introduce new standards, the fact that it is a legal framework that consolidates and harmonises the existing international standards is important. The continued refusal of the UK Government to ratify the convention means the ODWs in the UK are, as yet, unable to take advantage of it. More research is necessary to explore and broaden the understanding of the importance of socio-political and personal factors on the vulnerability of domestic workers, as well as the perspective of employers on the lived experience of the workers. Accordingly, this chapter has identified the need to conduct an empirical research to examine the role of socio economic factors, gender, and politics in the plights of the ODWs, and shed more light on the the current state of domestic work in the UK with a view to identifying the best way forward for ODWs in the UK.
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