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

The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 100th Session on 1 June 2011, and Mindful of the commitment of the International Labour Organization to promote decent work for all through the achievement of the goals of the ILO Declaration on Fundamental Principles and Rights at Work and the ILO Declaration on Social Justice for a Fair Globalization, and Recognizing the significant contribution of domestic workers to the global economy, which includes increasing paid job opportunities for women and men workers with family responsibilities, greater scope for caring for ageing populations, children and persons with a disability, and substantial income transfers within and between countries, and Considering that domestic work continues to be undervalued and invisible and is mainly carried out by women and girls, many of whom are migrants or members of disadvantaged communities and who are particularly vulnerable to discrimination in respect of conditions of employment and of work, and to other abuses of human rights, and

Considering also that in developing countries with historically scarce opportunities for formal employment, domestic workers constitute a significant proportion of the national workforce and remain among the most marginalized, and Recalling that international labour Conventions and Recommendations apply to all workers, including domestic workers, unless otherwise provided, and Noting the particular relevance for domestic workers of the Migration for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Workers with Family Responsibilities Convention, 1981 (No. 156), the Private Employment Agencies Convention, 1997 (No. 181), and the Employment Relationship Recommendation, 2006 (No. 198), as well as of the ILO Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration (2006), and Recognizing the special conditions under which domestic work is carried out that make it desirable to supplement the general standards with standards specific to domestic workers so as to enable them to enjoy their rights fully, and

Recalling other relevant international instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the United Nations Convention against Transnational Organized Crime, and in particular its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and Having decided upon the adoption of certain proposals concerning decent work for domestic workers, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention; adopts this sixteenth day of June of the year two thousand and eleven the following Convention, which may be cited as the Domestic Workers Convention, 2011.

The Role of Trade Union

Unions play an important role in the workplace.
Some of the key roles include being able to resolve workplace issues by being a voice for employees and acting as a bargaining representative during bargaining negotiations.
Other key features of unions include:

• working with management to help resolve workplace issues
• being an advocate for employees
• ensuring employers are meeting their minimum obligations
• looking into suspected breaches of:

1. workplace laws
2. discrimination laws
3. workplace safety laws.

Bargaining with unions
Bargaining is a process where employers and employees negotiate the terms and conditions of an enterprise agreement.
Employers and employees can be represented by a bargaining representative during this process. Normally the bargaining representative for employees will be a union official.
All bargaining representatives and other parties involved in the process have to bargain in good faith.
They also have to follow rules about disclosing benefits that they might get from a proposed enterprise agreement that they're a bargaining representative for. This means that if unions and employers are bargaining's for an enterprise agreement, and either of them will get (or could get) a financial benefit from something in the proposed agreement, they have to make sure that everyone else in the bargaining process knows about it. This includes employees who will be covered by the agreement.
If either the union or employer has to disclose a benefit, they have to create a 'disclosure document' that says:

• which term/s in the proposed agreement is beneficial

• they type of benefit and how much

• the name of each person who will benefit

A union who creates a disclosure document has to give it to the employer, who then has to provide it to the employees. An employer who creates a disclosure document has to give it to their employees.
The Registered Organizations Commission external-icon.png provides detailed information and advice about these rules. They are the independent regulator of unions and employer associations. Read more on their corrupting benefits page external-icon.png.
The Fair Work Commission provides information on:

• how to make a registered agreement

• the rules on bargaining external-icon.png, including good faith bargaining.

Our Role as a Trade Union

The union General Secretary Mr Peter.E.Owiti receives a signed recognition agreement from management @TeachWithEPI @ieikamalia @UNHCR_Education @uniglobalunion @ILOUnionPres @ilo @ucu

Although trade unions look after the interests of their members, they also recognise the advantages of working in partnership with employers. This is because a successful, profitable business is good for workers and therefore good for the union and its members.
An employer and a recognised trade union interact with the workplace in a number of ways, as set out below.
Trade unions: negotiating collective agreements
If you recognise a trade union in your workplace, you will probably have agreed with the union to bargain with it about the terms and conditions of employment of those workers who fall within a defined bargaining unit.

Sometimes, that bargaining unit will include all workers but it is common for the unit to include just certain categories of worker, e.g. production line operatives or technicians.
The objective of such collective bargaining is to conclude a collective agreement with the trade union. Where an independent trade union is recognised, the employer is obliged to disclose information to the trade union to facilitate the bargaining process.
Read Labour Relations Agency guidance on disclosure of information to trade unions for collective bargaining purposes.
A collective agreement is between a recognised trade union (or group of unions) and an employer (or groups of employers). Most typically, they set out the terms and conditions - eg pay, benefits and working time - to be included in the employment contracts of the workers in the bargaining unit. Other collective agreements are purely procedural and regulate the working relationship between the union(s) and the employer(s).
A collective agreement isn't legally enforceable unless it:

• is in writing

• states that it's meant to be legally enforceable

In the UK, most collective agreements are not legally enforceable.
For more information on collective bargaining and collective agreements, see recognizing and derecognizing a trade union.
Trade unions: Informing and consulting
Under certain circumstances, you must inform - and consult with - representatives of a recognized trade union about:

• collective redundancies - see redundancy: the options

• transfers of business ownership - see responsibilities to employees if you buy or sell a business

• occupational and personal pension schemes - see know your legal obligations on pensions

• health and safety - see consult your employees on health and safety

However, you could enter a voluntary agreement with a trade union to inform and consult the union about broader business and workplace issues on a regular, ongoing basis. The union may want to set up a joint consultative committee specifically for this purpose.
For further information, see how to inform and consult your employees.
Trade unions: representing workers at disciplinary and grievance hearing
Employees and other workers have the right to be accompanied at a disciplinary or grievance hearing. They can choose to be accompanied by a co-worker or a union representative. Often, the union representative will be a workplace representative who is also a co-worker.
Non and partly unionised workplaces
You may have to inform and consult other workplace representatives - known as employee representatives - where you:

• Don't recognise any trade union in your workplace.

• Do recognise a union (or unions) in your workplace but not all your workers are represented by that union (or those unions). This may be because they do not belong to the bargaining unit for which the trade union is recognised.

Message from General Secretary (Mr.Peter .E. Owiti)

I want to express my gratitude to the entire Executive Committee of the Branch Officials and the entire membership for their support. I also want to thank the employers who have allowed our shop stewards to attend the Union's organized seminars. Through the Union, we have been able to bring positive changes to the organizations where we have membership. Thanks to labor laws, we have been able to protect our members from unfair work practices. For more information, you can visit the Kenyan law website to see related cases before the court. Many people suffer due to lack of knowledge, not destiny. The best way to ensure justice in the workplace is by joining a Labor Union. Trade Unions are organizations mandated by law to provide legal representation for workers, which is more affordable than hiring expensive lawyers.