Domestic Work and International Labor Standards: A Contemporary Overview

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Giant strides are being made in shaping a social welfare framework that has long wrestled with friction and polarization. Yet such tensions are part of a steady, almost stoic process toward reform. When there is no clear, elevated expression of the public interest to guide policy, responsibility inevitably becomes a point of contention. The current milestone is the ratification by the Congress of Representatives of the International Labour Organization Convention No. 189 on decent work for domestic workers. Though the agreement dates back to 2011, it entered into force after a 2013 signature by 35 countries, and its impact continues to be debated within the global labor movement. The movement has historically pushed for its approval, but progress remains uneven.

Domestic work refers to tasks performed in or for a household. The employer is not a professional business owner seeking profit from employees; work occurs within the family home. This explicit expansion of rights benefits those who practice this as a professional occupation rather than as occasional or irregular activity. It brings protections against harassment, abuse, and violence in the workplace, requires written working conditions, and governs working hours. It also challenges the practice of the employer withdrawing benefits or protections, thereby strengthening legal oversight. Wages for housing and meals, occupational safety and health standards, adherence to a minimum wage, and access to unemployment protections are all areas that have historically been denied or inadequately provided.

What is the guiding philosophy behind this convention? Its ultimate aim is to align the rights of domestic workers with the rights enjoyed by other employed workers. Ratification obliges a country to adapt its labor laws within a transitional period to satisfy these standards. Discrimination in this sector has recent judicial recognition within the European Union, which has noted that domestic workers often lack access to unemployment benefits due to gender. This recognition emerged from a preliminary ruling by the Court of Vigo, linked to a dispute over social protection contributions and unemployment status, where excluding domestic workers from unemployment protection was deemed indirectly discriminatory on the basis of gender.

It is noteworthy that the industry is predominantly female and involves roughly 600,000 workers. A considerable share of this workforce operates outside formal employment contracts, contributing to a largely opaque economy. The ratification of the convention would, in principle, ensure fair and favorable working conditions for domestic workers. For those who reside in the households where they work, living arrangements could improve, while privacy concerns must be respected. A period will begin during which the Ministry of Labor and Social Economy is expected to craft and implement educational and awareness programs to support this transition.

The welfare state, in this view, does not replace political representation with corporate control or substitute parties for trade unions. Rather, it assigns the state new responsibilities that do not erase established duties in areas like security, defense, or public order. The emphasis is on extending dignity and protection to the most vulnerable, strengthening the social safety net without erasing the political framework that underpins it. This guiding idea remains central to debates about how to extend rights without undermining established institutions. A steady, practical approach is required to ensure that domestic workers gain enforceable protections while institutions retain their essential roles. [citation: ILO Convention No. 189, and related EU jurisprudence on social protection for domestic workers]

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