Part I International laws and mechanisms
• that private employment agencies not charge directly or indirectly, in whole or in part, any fees or
costs to workers (article 7)
• that member States provide adequate protection for, and prevent abuses of, migrant workers
recruited or placed in its territory by private employment agencies, including laws or regulations
which provide for penalties, including prohibition of private employment agencies which engage
in fraudulent practices and abuses (article 8(1))
• that member States ensure that child labour is not used or supplied by private employment
agencies (article 9)
• provisions for adequate mechanisms to deal with complaints, abuses and fraudulent practices of
private employment agencies (article 10)
• adequate remedies including penalties for violations of the Convention (article 14(3)).
The Domestic Workers Convention, 2011 – also known as the Convention Concerning Decent Work
for Domestic Workers – is a landmark standard that aims to protect and improve the lives and working
condition of domestic workers worldwide. The ILO estimates that there are around 53 to 100 million
domestic workers, the vast majority of whom are women and girls.112
Migrant workers make up a large proportion of domestic workers and their earnings represent a
significant proportion of remittances to developing countries. Migrant domestic workers can be at
high risk of exploitation and abuses. Partly because domestic work is “invisible”, domestic workers
are undervalued, overworked and unprotected. Migrant domestic workers can experience a range of
human rights violations, ranging from excessive recruitment fees and confiscation of passports, through
to forced labour, trafficking, sexual exploitation and rape.
In giving legal recognition to domestic work as “work”, the Convention grants protections to domestic
workers that are commensurate to other workers, such as reasonable hours of work, weekly rest of at
least 24 consecutive hours, limitations on in-kind payment and clear information on terms and conditions
of employment. It also includes provisions regarding fundamental principles and rights at work, including
freedom of association and the right to collective bargaining, and that a written work contract is provided
before the migrant travels to the country of destination. Member States are also required to provide clear
rules and regulations on private employment agencies to prevent fraudulent and abusive practices.
2.3. ILO Multilateral Framework on Labour Migration
The ILO Multilateral Framework on Labour Migration, adopted in March 2006, is a non-binding instrument
that promotes a rights-based approach to labour migration and protection for migrant workers. It was
developed in response to the absence of a multilateral process to govern labour migration and to
mitigate some of the associated problems, such as the exploitation of migrants, the growth of irregular
migration and the “brain drain” on developing countries.113
The framework contains comprehensive principles and guidelines in relation to labour migration and
provides practical guidance to Governments. While the framework is non-binding, member States are
urged to promote and respect the framework as a way of fostering coherence and consistency in
migration policy at the national, regional and international level.
A key focus of the framework is to ensure equality for, and improve protection of, migrant workers
and to prevent disadvantage or exploitation. It applies to all migrant workers and seeks to improve
the circumstances of especially vulnerable groups. The framework emphasizes the special position of
women, who make up half of all migrant workers and often migrate alone.
112
Global and regional estimates on domestic workers; Domestic Work, Policy Brief No 4; ILO; 2011; pp. 6-9.
113
ILO Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour
migration; ILO; 2006; p. v.
Chapter 4: The International Labour Organization and migrant workers | 45