International labor standards are presented within Conventions, which impose obligations on the countries that ratify them with the aim of improving employment conditions throughout the world.
Ratification is the commitment that a country assumes to take the necessary measures to make the provisions of the agreement effective, both in the creation of laws and in their compliance.
Adopted on June 9, 1994, this convention is the first international treaty that specifically addressed violence against women and enshrined the right of women to a life free from violence in all spheres.
And now…
Although several countries had already made legislative modifications aimed at equalizing domestic work with other types of employment before the approval of Convention 189, the Convention specified the standards.
Son las guías que establecen principios y derechos básicos en el trabajo, los cuales sirven como marco de referencia para la realización de los cambios normativos en cada país.
Domestic workers have the right to a clear and understandable employment contract, which defines the conditions under which the employment will be carried out and preferably in writing.
The decision to reside in the employer's home must be by mutual agreement, respecting the privacy and dignity of the domestic worker.
There must be a reasonable limitation of the work hours and rest periods, ensuring equal treatment and conditions with the rest of the workforce.
Domestic workers must enjoy conditions no less favorable than the conditions applicable to the rest of the workforce in terms of social security, including maternity benefits.
On salary, extra compensation, holiday bonuses and bonuses. Domestic workers must have a minimum wage equal to that established for the rest of the labor force, this must be paid in cash directly to the worker, with intervals of no more than one month and with limits to payment in kind. In addition, they are entitled to overtime pay and the time in which they are available to the employer is considered working time.
From Convention 138 it was established that the minimum age for employment is 18 years and with exceptions after 16. This agreement adds that it must be guaranteed that those under 18 years of age do not work at night, and that they have time to carry out their studies, have fun and be in contact with their families.
Have the right to an employment contract before moving to the destination country and to keep their identity and travel documents.
Mechanisms must be established for access to justice on equal terms with the rest of the labor force.
Employment agencies must be regulated and mechanisms for complaints about their operation must be activated.
States must adopt measures to protect against violence, abuse and harassment to which domestic workers are vulnerable
This agreement protects the right of domestic workers to unionize.
In mid-2019, Convention 190 was signed, which addresses the problem of violence and harassment at work. Within this, the first internationally agreed definition of what violence and harassment at work is, was established, and included gender-based violence. It also defines a common framework to prevent, remedy and eliminate violence and harassment at work.
Although a direct distinction is not made for domestic workers, the particular conditions of this form of employment, such as the workplace, social conditions and stereotypes towards women workers, make them especially vulnerable to situations of violence and harassment.
Legally prohibit violence and harassment at work.
Adopt comprehensive strategies to prevent and combat violence and harassment.
Establish control and monitoring mechanisms or strengthen existing mechanisms.
Ensure that victims have access to remedies and reparation and support measures.
Guarantee that there are effective means of inspection and investigation of cases of violence and harassment, including through the labor inspectorate or other competent bodies.
