A
Towards achieving
decent work for
domestic workers in
ASEAN
10
th
ASEAN Forum on Migrant Labour
(AFML) – Thematic background paper
25–26 October 2017, Manila, Philippines
Towards achieving
decent work for domestic
workers in ASEAN
10
th
ASEAN Forum on Migrant Labour (AFML)
Thematic background paper
25–26 October 2017, Manila, Philippines
Foreword
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Ms Tomoko Nishimoto
Table of contents
Foreword iv
Acknowledgements vii
Abbreviations and acronyms viii
1. Introduction and background 1
2. The 10
th
ASEAN Forum on Migrant Labour (AFML) 2
3. Migrant domestic workers in ASEAN 4
4. International and national standards for the protection of domestic workers 12
5. Implementation of policies and support services 26
6. Recommendations 34
Bibliography 36
Appendices 39
Appendix I. Practical guides to develop empowering and rights-protective policy and practice 39
Appendix II. Terminology 40
List of boxes
List of tables
List of gures
Acknowledgements
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Abbreviations and acronyms
Samahan at Ugnayan ng Manggagawang Pantahanan sa Pilipinas
1. Introduction and background
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Throughout the ASEAN region, migrant domesc workers provide indispensable care to their own families and to
families in countries of desnaon.
de jure
2. The 10
th
ASEAN Forum on
Migrant Labour (AFML)
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Box 1
Past AFML Recommendaons covering migrant domesc work
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4
3. Migrant domestic workers in
ASEAN
Box 2
Who is a domesc worker?
3.1 SituationofmigrantdomesticworkersinASEAN:Regionalandnationalgures
Figure 1. Documented migrant domestic workers in main ASEAN countries of destination
Figure2.Keyguresondomesticworkersintheregion
1
2015b
2
Ostbye, et. al. 2013.
3
ILO. 2016e
4
2013a
MINIMUM
WAGE
Domestic workers
make up nearly
20%
of all migrant workers in
the region
1
50% of Singaporeans over 75 years old are dependent
on migrant care workers, including domestic workers,
for daily care.
2
According to an ILO study,
average working hours for
domestic workers were
Only 40% were given one
day off per week
3
50
%
75+
12 hours
in Thailand
14 hours
in Malaysia
40
1
DAY
OFF
Only 3%
of domestic workers
were covered by
general labour laws
to the same extent
as other workers
IN ASIA AND THE PACIFIC IN 2010
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,
61%
were excluded
from any labour
legislation
97%
had no right to
one day o per
week
99%
had no normal
weekly hours
limit
88%
were excluded
from minimum
wage coverage
IN SOUTH-EAST ASIA
AND THE PACIFIC THERE ARE :
9 million
domestic workers
2 million
of them are migrant domestic workers
3.2 Demand for migrant domestic workers in ASEAN
3.3 Conditions of work and employment for migrant domestic workers
Wages:
Figure 3. Monthly wages of migrant domestic workers in Malaysia, by nationality
Country of origin
Percentage of sample
Figure 4. Monthly wages of migrant domestic workers in Thailand, by nationality
Country of origin
Percentage of sample
Working hours:
Weekly rest period:
Dependence and isolaon:
Figure 5. Sectors wherein workers experience forced labour, 2017 (by percentage)
Living condions:
Figure 6. Root causes for domestic workers’ vulnerability
VULNERABILITIES OF MIGRANT DOMESTIC WORKERS
LAW
Absence of labour and
social protection
Work in isolation
Visas tied to employers Restricted ability to leave
an exploitative workplace
Stigmatization in
origin and destination
countries
Lack of information and
access to assistance
Lack of collective organization
and representation
Power imbalance
between domestic
workers and employers
Box 3
Gender norms: Inequality for women domesc workers
Box 4
Ficve kin or employment relaonship?: Atudes towards
domesc workers impact their labour protecon in ASEAN
4. International and national
standards for the protection of
domestic workers
4.1 International and regional legal and policy frameworks
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Box 5
What does ILO Convenon No. 189 require?
Basic rights of domesc workers
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Informaon on terms and condions of employment
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Hours of work
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Remuneraon
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Occupaonal safety and health
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Social security
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Standards concerning child domesc workers
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Box 5 (cont.)
What does ILO Convenon No. 189 require?
Standards concerning live-in workers
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Standards parcularly concerning migrant domesc workers
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Private employment agencies
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Dispute selement, complaints, enforcement
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Labour inspecon
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Table1.ASEANMemberStates’dateofraticationoffundamentalrightsatwork,applicableto
migrant domestic workers (by ILO Convention number)
29 87 98 100 111 105 138 182
Brunei Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Viet Nam
st
Box 6
Key elements of the Cebu Declaraon
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4.2 Bilateral MOUs
Box 7
Racaon of the Domesc Workers’ Convenon helps countries of origin negoate
beer condions for their migrant domesc workers abroad
4.3 National legal and policy frameworks
4.3.1 Extendinglabourlawprotectiontomigrantdomesticworkers
4
Box 8
Country example: Migrant domesc work in Hong Kong (China) general labour law
Box 9
Country examples: Working me in South Africa, Germany, Denmark
Box 10
Country examples: Days o and live-out arrangements
Box 11
Country examples: Protecng domesc workers naonally in countries of origin
4.3.2 Regulatingrecruitmentagenciesandfees
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Box 12
Country example: Prohibing recruitment fees in the Philippines
4.3.3 Migrationpolicies
Box 13
Internaonal standards: Medical tesng of domesc workers (ILO Recommendaon No. 201)
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Box 14
Bans on domesc workers’ migraon in ASEAN: Time for alternave means of protecon?
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Figure 7. Timeline of gender-based migration bans and restrictions in ASEAN
Malaysia’s “freeze” on all
recruitment of migrant
workers to Malaysia except
for domesc workers
Myanmar ban on any
workers migrang to
Malaysia
Lao PDR ban on
migraon for
cleaning, domesc
work and sex work
Philippines age
requirement of
25 for domesc
workers only
Viet Nam ban on migraon
for work as dancers,
singers, or masseuses in
restaurants, hotels, or
entertainment enes.
Women from
Myanmar
permied to
register to
work abroad
Indonesian ban
on men migrang
for work in the
plantaon sector
in Malaysia
Indonesian ban
on migraon for
domesc work
to Malaysia
Cambodian ban
on migraon for
domesc work
to Malaysia
MOU between Malaysia
and Indonesia on the
recruitment and
employment of
domesc workers
Indonesian
moratorium for
domesc
workers to the
Middle East
Philippines age
requirement of
23 for domesc
workers only
Cambodian domesc
workers required to have
parental permission to
extend contracts and
renew passports
Lao PDR ban on migraon for
employment in vocaons or
areas that are “contrary to Lao
customs and tradions” –
varyingly interpreted to include
domesc work.
Myanmar ban
on migraon for
domesc work
to Hong Kong
Myanmar ban
on migraon for
domesc work
to Singapore
Myanmar generalized
ban on migraon for
domesc work to any
country
Cambodia
restricts men’s
migraon into
fishing sector
MOU between Malaysia
and Cambodia on the
recruitment and
employment of
domesc workers
Singapore Ministry of
Manpower announces
plan to cut back number
of migrant workers to
max 1/3 of workforce
2002 2006 2007 2009
OCT 2011DEC 20112011
2012 2013 SEPT 2014
Mid to late 20142014DEC 2015
FEB 2016 DEC 2016
2015
Indonesian planned cessaon of domesc
workers’ outward migraon unl countries
of desnaon recognize domesc workers
as workers and grant them rights
2017
4.3.4 Socialprotection,includingmaternityprotection
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Box 15
Country examples: Maternity and non-discriminaon protecons in
Brazil, Hong Kong (China), and South Africa
4.3.5 Labourinspection
Box 16
Country examples: Labour inspecon and alternaves in South Africa
4.3.6 Accesstojustice
4.3.7 Righttoorganize
Box 17
Country example: Trade union organizing allowed in Hong Kong (China)
5. Implementation of policies and
support services
5.1 Pre-departure and post-arrival orientation
Box 18
Country examples: Pre-departure orientaon and workers’ priories in ASEAN
5.2 Pre-employment orientation for employers
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5.3 Promotion of fair recruitment practices
Box 19
Country example: Codes of conduct in Myanmar and Viet Nam
5.4 Promotion of fair employment practices
Guidelines and ps for employers of foreign domesc helpers
Box 20
Government ocials as employers: India requiring good employment pracce by ocials
5.5 Support services
Box 21
Country examples: Support services by and for domesc workers
5.6 Return and reintegration
5.7 Embassy support
Box 22
Country example: Assistance and enforcement of legislaon by Philippines embassies
5.8 Skills recognition and training
Box 23
Country examples: Professionalizaon of domesc work
in Indonesia and the United Arab Emirates
5.9 Awareness-raising campaigns
Box 24
Internaonal Domesc Workers Day, “My Fair Home”, and “Open Doors” campaigns
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5.10 Data collection
Box 25
Internaonal Labour Migraon Stascs Database in ASEAN (ILMS)
5.11 Social dialogue and collaboration
Box 26
Country example: Employer organizaons in Italy
Federazione Italiana Datori di
Lavoro DomescoAssociazione Nazionale Famiglie Datori di Lavoro Domesco
Box 27
Country example: Collecve negoaon in Hong Kong (China) and Indonesia
Tunas Mulia
Box 28
Country examples: Collaboraon among stakeholders in the Philippines and Tanzania
Samahan at Ugnayan ng Manggagawang Pantahanan sa Pilipinas
6. Recommendations
1. Recognize that domesc work is work:
2. Rafy the Domesc Workers Convenon, 2011 (No. 189) and other migraon-related convenons:
3. Improve bilateral MOUs and establish social security agreements (SSAs):
4. Progressively extend naonal labour law coverage and social protecon:
5. Establish eecve and accessible complaints mechanisms
6. Reduce domesc workers’ dependency on their employers
7. Promote and enforce fair recruitment and employment pracces:
8. Provide pre-employment orientaon for domesc workers and their employers:
9. Develop competencies and qualicaons of domesc workers:
10. Consider domesc work in the context of broader care economy
Bibliography
Strengthening pre-departure orientaon programmes in Indonesia, Nepal, and the
Philippines
Projected gender impact
of the ASEAN Economic Community
Women migrant workers in the ASEAN Economic Community
ASEAN Secretariat
News
Global esmaon of child labour trends: 2008 to 2012
Global Naon Inquirer
The Straits Times
Mullateral framework on labour migraon
Toolkit for mainstreaming employment and decent work
Domesc workers across the world: Global and regional stascs and the extent of legal protecon
Regulang recruitment of migrant workers: An assessment of complaint mechanisms in Thailand
—. . ILO global esmates on migrant workers: Results and methodology: Special focus on migrant domesc
workers
Internal labour migraon in Myanmar: Building an evidence-base on paerns in migraon, human
tracking and forced labour
ILO MIGRANT Good pracces database.
Regulang labour recruitment to prevent human tracking and to foster fair migraon: Models, challenges
and opportunies
Review of the eecveness of the MOUs in managing labour migraon between Thailand and neighbouring
countries
Labour inspecon and other compliance mechanisms in the domesc work sector
Migrant domesc workers across the world: Global and regional esmates
Transnaonal migraon of domesc and care workers in Asia Pacic
Worker, helper, aunty, maid? Working condions and atudes experienced by migrant domesc workers
in Thailand and Malaysia
Access to jusce for migrant workers in South-East Asia
ILO News,
Protected or put in harm’s way? Bans and restricons on women’s labour migraon in ASEAN countries
Gender, labour migraon, and care economy
Decent work for
domesc workers in Asia and the Pacic: Manual for trainers
Global
esmates of modern slavery: Forced labour and forced marriage
Mizzima
Safe from the start: The roles of countries of origin in protecng migrants
Guidelines and ps for employers of foreign domesc helpers
Domesc workers speak: A global ght for rights and recognion
The Journals of
Gerontology
Asian Economic
Journal,
Trends in Internaonal Migrant Stock: The 2015
Revision
Domesc workers count too: Implemenng
protecons for domesc workers
Code of conduct: Applied to Vietnamese enterprises
sending workers for overseas employment
Closing the health gaps for the elderly: Promong health equity and social inclusion in Thailand
Reuters,
The Irrawaddy
Appendices
Appendix I. Practical guides to develop empowering and rights-protective policy and
practice
Formalizing domesc work
Labour inspecon and other compliance mechanisms in the domesc work sector
Eecve protecon for domesc workers: A guide to designing labour laws
Domesc work policy brief series
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Appendix II. Terminology
Ban/restricon:
Decent work:
Domesc work:
Domesc worker:
Gender
Maternity protecon
Migrant worker
Producve work:
Paternalism:
Recruitment:
Recruitment agency/recruiter:
Unpaid care work:
Towards achieving decent work for
domestic workers in ASEAN
10
th
ASEAN Forum on Migrant Labour (AFML) – Thematic
background paper
25–26 October 2017, Manila, Philippines
th
ISBN 978-92-2-131630-5 (Print)
ISBN 978-92-2-131631-2 (web pdf)
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