Migrant Domestic and Issues

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The views expressed in this presentation are the views of the author and do not necessarily reflect the

views or policies of the Asian Development Bank Institute (ADBI),


the Asian Development Bank (ADB), its Board of Directors, or the governments they represent. ADBI does not guarantee the accuracy of the data included in this paper
and accepts no responsibility for any consequences of their use. Terminology used may not necessarily be consistent with ADB official terms.

MIGRANT DOMESTIC
and issues
Pui Yu IP
International Domestic Workers Federation (IDWF)
www.idwfed.org
[email protected]
• Domestic workers: 70.1 million globally (ILO, 2018); 41% in Asia (2013).
• Migrant domestic workers: 11.5 million globally; 3.8 million in Asia Pacific
(ILO, 2015)
• Growing care need: People in need of care: 2.1 billion in 2015; 2.3 billion in
2030 with an additional 200 million elderly and children (ILO, 2018)

Countries
Low Lower- Upper- High All
income middle middle income M+F
income income
All domestic workers (‘000) 4.7 16.4 32.2 13.9 67.1
Migrant DW (‘000) 0.49 0.72 1.19 9.13 11.52
Migrant DW in % 4.2 6.2 10.3 79.2 100
Migrant DW as a proportion of all migrant workers 13.8 4.2 6.8 8.1 7.7
Migrant DW as a proportion of all DW 10.5 4.4 3.7 65.8 17.2

(ILO, 2015)
24.9 million victims of forced labour
(ILO, 2017:11)
Imposed by
State
authorities,
4,100,000
Domestic
Others workers
Forced
32% 24%
Sexual Private
Exploitation, Economy,
4,800,000 16,000,000
Construct
ion
Fishing workers
11% 18%
Manufact
uring
15%
Main situation of MDW
• 83% are women • Unpaid / underpaying wages
• Many do not enjoy Freedom of • Debt bondage
Association • Indecent Food and accommodation
• Low wage • Difficult Access to Justice
• Long working hours • Discrimination, e.g. mandatory
• Often no Weekly rests health check
• Deception / fake contract • Deprived of reproductive rights
• Restriction of Movement
• Confiscation of identity documents
• Physical and sexual violence
• Isolation
Legal and Policy Gap
• Non-recognition of domestic workers: only 3% of Asian countries covering
domestic workers by general labour laws to the same extent as other workers;
61% totally excludes domestic workers from labour laws. (ILO, 2013)
• Immigration rules’ restrictions on migrant workers from enjoying labour rights:
• Sponsorship / Tied work permit system
• Tight visa restrictions, e.g. two week rule
• inadequate rules and monitoring recruitment process:
• Inconsistent laws and policies between Countries of origin and destination, lack of legally
binding agreements
• Lack of laws tailored to the monitoring of employment agencies on MDW
ILO Convention 189 Decent Work for Domestic Workers
ILO Convention 189 Decent Work for Domestic Workers
• Ratifications: Globally 27 ;
Asia 1 - Philippines
• C189:
• ILO conventions apply to domestic workers
• Domestic workers are workers
• Equal rights with other kind of workers

• Labour laws and policy reforms to recognize domestic


workers
• Philippines
• Bangladesh
• Nepal
• Pakistan
• Nepal
• Thailand
• Cambodia
Strengthening measures to protect MDWs – highlights
• Monitoring employment agencies:
• Hong Kong: Code of Practice and increased punishment of illegal practices
• Inspection:
• Taiwan
• Singapore
• Weekly day-offs:
• Hong Kong (mandatory day-offs)
• Singapore (but workers are allowed to work with overtime compensation)
• Labour hotlines in MDWs’ languages:
• Taiwan
• Hong Kong (Bhs Indonesia)
• Regulations for domestic workers
• Thailand
Hong Kong
FADWU leaders at
Press Conference
Launch of “Agents
of Change?”,
monitoring
employment
agencies

Novelita Valdez Palisoc at TEDxPlacedesNationsWomen

Leadership and
voices of migrant
domestic workers
Jassy Santos at Jornal Tribuna  AMMPO leaders at PAOS (Post Arrival
de Macau Training in Malaysia
Code of Practice on Employment Agencies
Based on legislations in Hong Kong, the Code of Practice lay out rules and guides that
employment agencies have to follow:
• Maximum employment agency fee charged to workers (10% of workers’ 1st month salary);
• Information of business operations, service agreements with job seekers and with
employers,
• provision of payment receipts,
• avoiding involvement in financial affairs of job seekers.

However, FADWU – Hong Kong Federation of


Asian Domestic Workers Unions’ investigation
finds out:
• 96% were not fully compliant with crucial
elements of the Code
• 57% were charged with illegal fees by Hong Kong
employment agencies
My Fair Home RUMAHKU YANG ADIL หน้ าแรก 我的公平之家MI JUSTO HOGAR លំេ�ដ‌� នដ៏យុត�ិធម៌របស់ខ្
MITT RÄTTVISA HEMເຮ ື ອນທ່ີ ີມຄວາມເປ ັ ນທ
ໍ າຂອງຂ
້ າພະເຈ
ົ ້ ◌າNGÔI NHÀ BÌNH ĐẲNG CỦA TÔIMEIN FAIRES ZUHAUSELA MIA
CASA GIUSTAमेरो राम्रो घर‫ﺑﯾﺗﻲ اﻟﻌﺎدل‬MON DOMICILE EQUITABLEMINUN REILU KOTINI공정한 가사근로를 위한 선서

• I will ensure fair wages are paid to domestic workers in my


home (at least the minimum wage) and that domestic workers in
my home have reasonable work hours and time to rest.
• I will negotiate the terms and conditions of employment with any
domestic workers in my home, ensuring a mutual understanding
through a written agreement.
• I will ensure that domestic workers in my home have access to
decent healthcare.
• I will actively ensure a work environment that is free from abuse,
harassment and violence.
• I will ensure that domestic workers in my home enjoy decent
living conditions and a safe, secure and private bedroom.
• I will ensure that domestic workers in my home are able to
spend their free time wherever and however they choose.
My Fair Home Campaign @ South
Korea: promoting written contract http://idwfed.org/myfairhome

Europe: EFFAT adopts My Fair Home

• Launch of My Fair Home Campaign at


the residence of Sri Lankan
Employers at My Fair Home Campaign Launch in ambassador in Lebanon
Hong Kong with a focus on fight against abuses by
employment agencies
ILO-UN Women Safe & Fair project –
the EU-UN Spotlight Initiative
• Realizing women migrant workers’ rights and opportunities in the ASEAN
region:
• Labour migration governance and end violence against women;
• Women migrant workers: access to information and services, opportunities to network and
organize;
• Data and evidence on experiences of women migrant workers;
• Understanding contribution of women migrants
• IDWF
• Organize migrant domestic workers;
• Campaign and advocacy for rights of migrant domestic workers (MDWs);
• Awareness raising in countries of origin
• Training and representation of MDWs in regional and international level
Recommendations

• Remove exclusions of domestic workers in labour laws and policies, ensure


equal treatment to domestic workers and migrants – Refer to ILO Convention
189 Decent work for domestic workers
• Family friendly laws and policies:
• Adequate Public care services
• Working hours limit
• Laws and Policies on monitoring recruitment process
• services and support catered to the characteristics of migrant domestic workers:
• Labour inspection;
• Ensure MDW’s access to legal information, services, justice system (language support,
shelter, extension of visa and support in pursuant of justice in judicial process etc)
• Pre-departure training, On-arrival and Post-arrival information seminars
References
• ILO (2018). Care work and care jobs for the future of decent work .Available at https://www.ilo.org/global/publications/books/WCMS_633135/lang--
en/index.htm. [Accessed on 20 Jan 2019]
• ILO (2017). Global Estimates of Modern Slavery - Forced Labour and Forced Marriage. Available at
https://www.ilo.org/global/publications/books/WCMS_575479/lang--en/index.htm. [Accessed on 20 Jan 2019]
• ILO (2016), Social protection for domestic workers: Key policy trends and statistics. Available at https://www.ilo.org/secsoc/information-resources/publications-
and-tools/policy-papers/WCMS_458933/lang--en/index.htm. [Accessed on 20 Jan 2019]
• ILO (2015). ILO Global Estimates on Migrant Workers. Available at https://www.ilo.org/global/topics/labour-migration/publications/WCMS_436343/lang--
en/index.htm [ Accessed on 20 Jan 2019]
• ILO (2013). Domestic Workers Across the World: Global and regional statistics and the extent of legal protection. Available at
https://www.ilo.org/travail/Whatsnew/WCMS_173363/lang--en/index.htm. [Accessed on 20 Jan 2019]

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