Paid domestic work

Explanatory note

Another critical area connected to women's economic empowerment concerns domestic workers, a sector that is highly feminised and which, in turn, accounts for a significant proportion of women's employment. It's a sector which, due to the nature of the activity and the space in which it is carried out, has not been contemplated in national legislation until relatively recently and, consequently, has been subject to profound discrimination in matters such as access to social protection, minimum wages, working hours and holidays, or the benefits to which these workers are entitled.

Binding ILO Convention

C189 – Domestic Workers Convention, 2011 (No. 189)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.)

Specific laws on paid domestic work.

Social Security laws.

Sub-areas and criteria: What do we analyse in this area?

Sub-area	Criterion
Social security affiliation	The right of paid domestic workers to be registered with the Social Security system, on an equal footing and under the same conditions as other workers.
Regulation of working hours, breaks and paid holidays	The right of paid domestic workers to regulated working conditions in terms of working hours, breaks and paid holidays, on an equal footing with other workers, taking into account the particularities of domestic work.
Statutory minimum wage	The right of paid domestic workers to a statutory minimum wage.
Right to maternity leave	The right of paid domestic workers to maternity leave, on the same terms as other working women.

Provisions: What information is included in the comments?

Sub-area	Provision
Social security affiliation	Affiliation to the general social security scheme (same rights and benefits as for other workers) or, failing that, specify the rights and benefits to which they are entitled.
Regulation of working hours, breaks and paid holidays	Regulated working hours, breaks and paid leave, and specific conditions applicable to working hours, breaks and leave.
Statutory minimum wage	Statutory minimum wage or, failing that, the pay conditions to which they are entitled.
Right to maternity leave	Right to maternity leave: No data available; Right to maternity leave of an equal or more generous duration; Right to maternity leave of a less generous duration; No entitlement.

Recommendations: What criteria are used for the recommendation?

Social security affiliation

Criterion	Definition	Binding recommendation
Preserve	Where the legislation provides for full social security access for paid domestic workers, with the same rights and benefits as for other workers.	No further legislative action is required. No recommendation is therefore added.
Expand	Where the legislation recognises that paid domestic workers are entitled to certain social security benefits, but not on the same terms as other workers, and they are excluded from the compulsory social insurance scheme.	Full equalisation of the entitlement of paid domestic workers to social security benefits, under the same conditions as other workers.
Reform	Where the legislation does not recognise any form of social security benefits for paid domestic workers.	Recognition of the right to social security benefits for paid domestic workers.
Eliminate	Where there are legal provisions that explicitly exclude paid domestic workers from access to social security or treat them in a discriminatory manner compared to other workers.	Remove any provisions that exclude or discriminate against paid domestic workers in terms of access to social security, ensuring their inclusion on an equal footing with other workers.

Regulation of working hours, breaks and paid holidays

Criterion	Definition	Binding recommendation
Preserve	Where the legislation (or collective bargaining agreement) regulates the working hours, breaks and paid leave of paid domestic workers on an equal footing with other workers, taking into account the particularities of domestic work.	No further legislative action is required. No recommendation is therefore added.
Expand	Where the legislation (or a collective bargaining agreement) only partially regulates some of the conditions applicable to the working hours, breaks and paid leave of paid domestic workers on an equal footing with other workers, taking into account the particularities of domestic work.	Extension of the regulations governing the working conditions of paid domestic workers, thereby ensuring they are treated on an equal footing with other workers.
Reform	Where there is no legislation (or a collective bargaining agreement) to regulate the working hours, breaks and paid leave of paid domestic workers on an equal footing with other workers, taking into account the particularities of domestic work.	Regulation of the working conditions of paid domestic workers, thereby ensuring they are treated on an equal footing with other workers.
Eliminate	Where there are legal provisions that exclude or impose less favourable conditions on paid domestic workers in relation to working hours, breaks and paid leave compared to other workers.	Remove any provisions that establish unequal or less favourable treatment in regard to working hours, breaks and paid leave for paid domestic workers, thereby ensuring they are treated on an equal footing with other workers.

Statutory minimum wage

Criterion	Definition	Binding recommendation
Preserve	Where the legislation (or a collective bargaining agreement) sets the minimum wage for paid domestic workers.	No further legislative action is required. No recommendation is therefore added.
Expand	Where the legislation (or a collective bargaining agreement) sets a minimum wage for paid domestic workers, including payments in kind.	Remove payments in kind from the minimum wage regulation for paid domestic workers.
Reform	Where the minimum wage for paid domestic workers is not set by legislation (or a collective bargaining agreement).	Regulation of the minimum wage for paid domestic workers.
Eliminate	Where there are legal provisions that exclude paid domestic workers from the minimum wage or set lower pay rates than those set for other workers.	Remove any provisions that exclude or set a lower minimum wage for paid domestic workers, thereby guaranteeing them access to the minimum wage on an equal footing with other workers.

Right to maternity leave

Criterion	Definition	Binding recommendation
Preserve	Where the legislation recognises the right to maternity leave for paid domestic workers, with the same duration and benefits as for other working women.	No further legislative action is required. No recommendation is therefore added.
Expand	Where the legislation recognises the right to maternity leave for paid domestic workers, but with less generous conditions than those applicable to other working women.	Extend maternity leave for paid domestic workers to bring it into line with that applicable to other working women.
Reform	Where the legislation does not recognise the right to maternity leave for paid domestic workers.	Regulation of the right to maternity leave for paid domestic workers.
Eliminate	Where there are legal provisions that exclude paid domestic workers from the right to maternity leave or impose unjustified restrictions on that right that are not applied to other working women.	Remove any provisions that exclude or limit the right to maternity leave for paid domestic workers, thereby ensuring that they are treated on an equal footing with other working women.