The Domestic Workers Convention and its impact on the national legislation of Belgium and Ireland

(1)

The Domestic Workers Convention and its impact

on the national legislation of Belgium and Ireland

Céline Vandeplas

Thesis submitted on the 17

th

of June 2016 to obtain

the degree of Master of Laws

Master European and International Labour Law

Promotor:

Dr. N. Ramos Martin

(2)

The Domestic Workers Convention and its impact

on the national legislation of Belgium and Ireland

Céline Vandeplas

Thesis submitted on the 17

th

of June 2016 to obtain

the degree of Master of Laws

Master European and International Labour Law

Promotor:

Dr. N. Ramos Martin

(3)

I

Acknowledgments

After a year of living in a vibrant city like Amsterdam, meeting the most wonderful people, and studying the subjects I am really interested in, today is the day: writing this acknowledgment in the finishing touch on my master thesis, the end of a magnificent period, but hopefully the start of something promising.

First and foremost I would like to express my gratitude to my supervisor, Dr. Nuria Ramos Martin, who has supported me throughout my thesis with her knowledge and gave me the possibility to attend the IMPact Conference in Brussels which gave me great insights for writing this thesis. She also gave me the opportunity to write, whilst allowing me the room to work in my own way, about a subject which shook me.

I would also like to thank Daan Born for being supportive of my choices. He assisted me in every possible way. Thank you for correcting my papers, being critical, defying hours of travel, responding my phone calls in the middle of the night, etc.. I have been demanding, but

“I sing evil, I sing good

I sing as a seagull should and if you melted then I would

melt myself all into you”. (Bonnie Prince Billy – Only Someone Running)

Finally, I would like to thank my parents for supporting me throughout all my studies. A special “merci” to my father for his wise counsel and for helping me moving my collection of stuff from one city to another for the last couple of years.

(4)

II

Abstract

In this thesis, the position of domestic workers in international law has been examined, and more specifically, the extent to which domestic workers enjoy social protection in Belgium and Ireland after the ratification of the Convention of the International Labour Organization on Decent Work for Domestic Workers, No. 189.

This thesis is divided into four main chapters. The first chapter describes the core elements, such as the notions of ‘domestic workers’ and ‘domestic work’, taken into account their position in society and more specifically, their role in the labour market. The second chapter describes and explains the development of the instruments of the International Labour Organization with regard to domestic workers. The third chapter is dedicated to the International Labour Organization’s Domestic Workers Convention No. 189 in which its key provisions and importance is explained. The final chapter is a comparison between the national legislation of Belgium and Ireland with regard to domestic workers. The national legislation prior to and after the regulation of the ILO Domestic Workers Convention has been analysed. An evaluation is made on what has (not) changed in the countries’ legislation. The most important results of this research can be found in the comparative part. After the ratification of the Convention, the situation in Belgium changed drastically while in Ireland only some small steps with regard to domestic workers and their protection have been taken. In both countries domestic workers are now treated as all the other workers with regard to employment conditions and social security coverage, although there is still an exception possible under the Belgian legislation with regard to occasional activities. In both countries domestic workers are subjected to general labour law, but in Belgium there is still a plenitude of different social statutes for workers in Belgium which has a consequence that different joint committees are in charges for different domestic workers. It could be argued that the introduction of a general and broad statute of domestic workers with a differentiation of tasks could make the Belgian system more clear. Ireland established the Code of Practice for Protecting Persons Employed in Other People’s Homes, which is however just a voluntary Code. Belgium also adopted, before the ratification of the Convention, a service employment cheque system which already gave domestic workers the necessary protection.

The main lesson from this Convention should be that all workers deserve basic employment rights.

(5)

III

Conclusion ... 40 Bibliography ... 43 Legislation ... 43 International – European ... 43 Belgium ... 43 Ireland ... 45 Case law ... 46 Written documents ... 46 Books ... 46 Articles ... 47 Working papers ... 47 Internet sources ... 48 Annexes ... 52 Chapter 1 ... 52 Table 1.1 ... 52 Table 1.2 ... 53 Figure 1.3 ... 53 Table 1.4 ... 54

(7)

V Table 1.5 ... 55 Chapter 3 ... 56 Table 3.1 ... 56

(8)

VI

List of abbreviations

 Committee of Experts on the Application of Conventions and Recommendations (CEACR)

 European Economic Area (EEA)

 Flemish Social-Economic Council - Sociaal-Economische Raad Vlaanderen (SERV)  Flemish Foreign Affairs Council - Strategische Adviesraad internationaal Vlaanderen

(SARiV)

 International Labour Conference (ILC)  International Labour Organisation’s (ILO)

 International Standard Classification of Occupations (ISCO)  International Standard Industrial Classification (ISIC)  Joint Committee (JC)

 Personal and Household Services (PHS)

 The Domestic Workers Action Group (DWAG)

 The Domestic Workers Support Group of Migrant Rights Centre Ireland (DWSG)  The National Employment Rights Authority (NERA)

 The Services Industrial Professional and Technical Union (SIPTU)  Flemish Social-Economic Council (SERV)

(9)

VII

List of Annexes

 Table 1.1 - Sectors which are most exposed to labour exploitation in European countries

 Table 1.2 – Global distribution of domestic workers

 Figure 1.3 – Global distribution of domestic workers by sex and total number of domestic workers by region

 Table 1.4 – Employment in the informal economy and its components as percentage of non-agricultural employment (latest year available)

 Table 1.5 – Flexibility clauses in International Labour Organization Conventions and the declarations per Member States

 Table 4.1 – Partial typology (legal status, applicable law and policy aims) of the domestic work arrangements in Belgium

(10)

1

Introduction

In this thesis, the position of domestic workers in international law will be discussed, and more specifically, the extent to which domestic workers enjoy social protection in Belgium and Ireland after the ratification of the Convention of the International Labour Organization on Decent Work for Domestic Workers, No. 189.

For too long, this group – a large majority of whom are women – has remained outside the realm of policy-making on social and labour issues and has largely been confined to the informal economy. The International Labour Organization felt the urge to create an instrument which would stress the specific situation in which domestic workers are performing their tasks, but at the same time, give them the same working conditions and protections as all the other workers. Until today, only six European countries, including Ireland and Belgium, ratified the Domestic Workers Convention. Changes in national law have been made in order to be in compliance with the Convention.

This thesis research is of social relevance since it will show that domestic work represents a significant share of global wage employment. However, domestic workers still remain to a large extent excluded from the scope of national labour laws and hence from legal protection enjoyed by other workers. The fact that domestic workers have not been treated the same as other workers is discriminating and makes them feel less valued in society. In this thesis I would like to show that the situation is finally improving in certain European countries after the ratification of Domestic Workers Convention.

The main research question of this thesis is “What has been the impact of the International Labour Organization’s Domestic Workers Convention No. 189 on the national legislation of Belgium and Ireland?”

The thesis is divided into four main chapters:

The first chapter will describe the core elements which are necessary to this research, such as the notions of ‘domestic workers’ and ‘domestic work’. Next to this, the position of domestic

(11)

2 workers in society will be discussed since they fulfil a very specific role in the labour market. The sector of domestic workers is also one of the sectors in which labour exploitation is still a reality, therefore some attention will be given to this issue. Lastly some statistics about who is working in this sector will be given.

The second chapter will give a description and explanation on the development of the instruments of the International Labour Organization with regard to domestic workers. The role of the flexibility clauses will also be discussed and the possible paradoxical consequences which were created by these clauses.

The third chapter will be dedicated to the International Labour Organization’s Domestic Workers Convention No. 189 in which its key provisions and importance will be explained. A brief overview of all the ratifications and some other legal reforms, outside the ratification of the Convention, will be given.

The final chapter is a comparison between the national legislation of Belgium and Ireland with regard to domestic workers. The national legislation prior to and after the regulation of the ILO Domestic Workers Convention has been analysed. An evaluation is made on what has (not) changed in the countries’ legislation.

Choosing to compare Belgium and Ireland has multiple reasons. Until today, only six European countries ratified the Domestic Workers Convention. The Convention already entered into force in Ireland in 2014 and will enter into force in Belgium in June 2016. It will be interesting to see how two countries with a different legal system, namely a common-law system in Ireland and a civil-law system in Belgium, approach domestic workers’ protection in their national legislation. An evaluation will be made on what has (not) changed in the countries that have ratified the Convention.

(12)

3

1. Core elements

Before examining the international and national legislation concerning domestic workers, it is important to define the notions ‘domestic work’ and ‘domestic workers’. These notions are also important when estimating how many people are working in this sector. The position of domestic workers in society will also be discussed in this chapter.

1.1 What is domestic work?

Defining domestic work is not an easy task since domestic workers are not a homogenous group with regard to their demographic profile and the nature of their job. They perform a variation of tasks such as cleaning the house, cooking, washing and ironing, taking care of children or other members of a family, gardening, guarding the house, driving for the family, and so on. These tasks may vary from country to country and may change over time. But a key characteristic of this employment relationship is that the employer has no economic gain or commercial interest associated with the tasks the worker performs.1

The International Labour Organisation’s (ILO) International Standard Classification of Occupations (ISCO), which is sometimes used by the task-based approach to identify domestic workers on the basis of their occupation, recognizes domestic work under two broad classification groupings (5 and 9)2 and identifies associated tasks and the corresponding skill levels.3 The problem with this task-based approach is that certain kinds of domestic workers will be excluded because their occupations are not specific to households. Excluding these occupational categories would undercount domestic workers, but including them would also count those not working for private households, which would lead to an overestimation of the amount of domestic workers.4 Therefore, the International Labour Conference (ILC) did not rely on a listing of the specific tasks when they defined the term “domestic worker”. They instead supported a general formulation that is based on the common feature that domestic

1_{Social protection for domestic workers: Key policy trends and statistics, International Labour Office, Geneva,}

2016.

2 _Resolution _Concerning _Updating _the _{International} _Standard _{Classification} _of _Occupations, www.ilo.org/public/english/bureau/stat/isco/docs/resol08.pdf (consultation 05/04/2016).

3_{Decent work for domestic workers, International Labour Office, Geneva, 2010,}_29.

4_{Domestic workers across the world: Global and regional statistics and the extent of legal protection,}

International Labour Office, Geneva, 2013, 9,

(13)

4 workers work for private households. It is this definition on which the analysis in this thesis will be based.5

This key feature of being employed by and providing services for a private household can also be found in the definition of “domestic workers” given in article 1 of the Convention of the International Labour Organization on Decent Work for Domestic Workers, 2011 (No. 189) (hereafter: Domestic Workers Convention):

a) the term “domestic work” means work performed in or for a household or households;

b) the term “domestic worker” means any person engaged in domestic work within an employment relationship;

c) a person who performs domestic work only occasionally or sporadically and not on an occupational basis is not a domestic worker6

In 2012, the European Commission also created a definition for people working in these personal and household services (PHS). PHS are defined as a “broad range of activities that

contribute to the well-being at home of families and individuals: child care, long term care for the elderly and for persons with disabilities, cleaning, remedial classes, home repairs, gardening, ICT support, etc.”. This definition embraces both care and non-care activities.7 The restriction of domestic work to private households also provides a coherent way to identify domestic workers as under the International Standard Industrial Classification (ISIC). Revision 3.1 contains division 95 “Activities of private households as employers of domestic workers” under section P8, which corresponds to the definition in the Convention.9

Defining domestic work on the feature of being employed by a private household is an based approach, instead of the above mentioned task-based approach. The industry-based approach has as the advantage that it is easier to identify whether someone is employed in or by a private household rather than identifying what his/her actual occupation is. However, the main disadvantage of the industry-based approach is that domestic workers who

International Labour Office, Geneva, 2013, 7,

www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/wcms_173363.pdf.

6_{Article 1 Convention of the International Labour Organization on Decent Work for Domestic Workers, 2011}

(No. 189).

7_{Thematic review on personal and household services, European Commission, July 2015.} 8

“This class includes the activities of households as employers of domestic personnel such as maids, cooks, waiters, valets, butlers, laundresses, gardeners, gatekeepers, stable-lads, chauffeurs, caretakers, governesses, babysitters, tutors, secretaries etc. It allows the domestic personnel employed to state the activity of their employer in censuses or studies, even though the employer is an individual.”

(14)

5 have an employment contract with a service agency (rather than with the household itself) are in theory excluded from the scope of Division 95 ISIC. This triangular form of employment relationship is now common in some parts of Europe, most notably in Belgium. Notwithstanding the theoretical exclusion, in practice, domestic workers deployed by an agency to a private household are often included in this division due to the lack of a suitable alternative category. The global and regional estimations, on which this thesis is based, thus rely for the most part on the industry-based approach in the sense of ISIC Revision 3.1, Division 95. The data refers to men and women of working age (and thus exclude illegal child-labour) and would often (but not always) include domestic workers employed by agencies.10

Not all countries provide clear definitions on the nature of domestic work, which creates the problem that not all domestic workers are taken into account when counting the exact number of domestic workers in all countries. Later on, the Belgian and Irish legislation will be examined based on their definitions of domestic workers.

1.2 Position of domestic work in society

1.2.1 Position of domestic work in the labour market

Domestic work is one of the oldest occupations and among the most vital for the functioning of households and society as a whole. Several societal changes explain the sharp increase in demand for this type of workers in recent years.11 First of all, there is an increase in female labour market participation. Outsourcing domestic tasks has an impact on the work-life balance of women (and men) since it frees up time. Second, there have been some changes in family structures, for example, more one-parent families, and a higher standard of living. Third, our society is ageing and thus the demand for domestic help increases. Ageing people wish to remain at home longer, so this requires more help from family and domestic workers. While people are taking care of their ageing family, they will need help with their own household. Domestic workers increase the quality of life of the elderly and dependent people, and enable the active population to balance their personal and professional life.12

10

Domestic workers across the world: Global and regional statistics and the extent of legal protection, International Labour Office, Geneva, 2013, 8-11.

2016.

(15)

6 Even though domestic workers could facilitate the everyday life of many people, there are several obstacles which hinder the development of this sector. First of all, there is the price issue. A household will only choose to externalise domestic activities when it is less costly than to internalise it. People tend to look for the cheapest solution and therefore turn to the undeclared market for domestic workers. This undeclared labour is creating an unfair competition. Second, a great part of the population will be reluctant to hire a domestic worker because of, for example: “cultural barriers and the lack of acceptance of externalizing

domestic work; difficulties with accepting unknown persons into your house; uncertainty about the quality; difficulties with accessing the services, etc..”13

Member States should create supporting policies in order to ensure the full development of domestic work. These policies could have a positive effect on society as a whole. There are some main objectives which countries could incorporate in their policy, namely: employment-related objectives, social objectives, gender equality and work-life balance, and working conditions. Without these kinds of national policies, a great part of domestic work would remain in the undeclared market. The following are some main types of intervention which a government can use in their policy, namely: price reductions for users, cost reductions for providers, increase in the attractiveness of domestic work, increase in the quality of services, improving the supply of services, and improvement in accessibility and in matching demand and supply. The Belgian service voucher system is an example of a measure with the objective of employment creation, the reduction of undeclared work, and gender equality and work-life balance. The voucher system encompasses to a certain extent all of the above mentioned intervention methods.14

1.2.2. Risk of severe labour exploitation

Despite the important role of domestic workers in society, they are still among the most exploited and abused workers in the world.15 Especially when these domestic workers are migrant workers in an irregular situation. When someone finds him/herself in an irregular situation, means that (s)he does not have the required legal resident status and is therefore not permitted to work in that Member State.16 Clandestine work is detrimental for every party. The workers are not protected against abuse and exploitation, and the government misses out

13_{IMPact, PHS Policies – Implementation and Monitoring Guide, 2016, 17 and 22-23.} 14_{IMPact, PHS Policies – Implementation and Monitoring Guide, 2016, 17 and 27-43.} 15

www.hrw.org/topic/womens-rights/domestic-workers (consultation 15/06/2016).

(16)

7 on revenue and is not able to keep an overview over its national labour market. At both international and European level different instruments have been adopted with regard to the protection of migrant workers.

There is the International Convention on the Protection of the Rights of All Migrant Workers and their Families, placing the rights of migrant workers in the international human rights framework. The UN Convention defines the term migrant worker as a ‘person who is to be

engaged, is engaged, or has been in a remunerated activity in a state of which he or she is not a national’. The UN Convention does not exclude irregular workers from its definition of

migrant workers. Instead, the State Parties expressly recognise ‘that workers who are

non-documented or in an irregular situation are frequently employed under less favourable conditions of work than other workers and that certain employers find this an inducement to seek such labour in order to reap the benefits of competition’. An ILO Convention on Migrant

Workers exists which specifically addresses the rights of undocumented migrant workers.17 With regard to the UN Convention, both Belgium and Ireland did not ratify this Convention because of the consequences it would have for their national legislation. The Irish government stressed that before the country could even consider ratifying the Convention, significant changes would have to be made across a wide range of laws18.19 The same is the case for the ILO Convention on Migrant Workers which has not been ratified either by Belgium and Ireland.20 However, Belgian legislation is for the most part in accordance with the UN Convention, as will be explained in the next title.21

Forced labour, and consequently human trafficking and labour exploitation, are clearly prohibited by European22 and international23 legislation. At the ILO Conference in 2014, it was decided to step up the efforts in the global fight against forced labour, including labour

17

Migrant Rights Centre Ireland, Life in the Shadows: An Exploration of Irregular Migration in Ireland, 2007,

www.mrci.ie/wp-content/uploads/2012/10/Life-in-the-Shadows_an-Exploration-of-Irregular-Migration-in-Ireland.pdf

18

Irish Government’s position in ‘Presentation by Irish Presidency to the ECOSOC hearing on the UN Convention on the Protection of the Rights of all Migrant Workers and their Families’ on May 4, 2004. See:

www.amnesty.ie/user/content/view/full/3379

19_{European Platform for Migrant Workers’ Rights, The UN Migrant Workers Convention,}

www.epim.info/wp-content/uploads/2011/02/The-UN-Migrant-Workers-Convention-steps-towards-ratification-in-Europe.pdf 20 www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312288:N O (consultation 14/06/2016). 21_{www.orcasite.be/?id=102}_{(consultation 15/06/2016).} 22

Article 5 of the Charter of Fundamental Rights of the EU prohibits all forms of slavery or forced labour, and Article 31 states that every worker has the right to ‘fair and just’ working conditions.

23_{Convention of the International Labour Organization on the Abolition of Forced Labour, 1930 (No. 105);}

Convention of the International Labour Organization on Decent Work for Domestic Workers, 2011 (No. 189); European Social Charter; Council of Europe Convention on action against trafficking in human beings of 2015.

(17)

8 exploitation, by adopting a protocol24 and a recommendation25 to supplement the Forced Labour Convention.26 The Forced Labour Convention is one of the eight core conventions of the ILO.27 In 2007, the Organization for Security and Co-operation in Europe adopted a decision on combating human trafficking for labour exploitation.28

Despite all these provisions and initiatives, labour exploitation is still a reality for people moving within or migrating to Europe looking for a job because of their personal situation of poverty. Labour exploitation is widely spread in a number of sectors, particular construction, agriculture, domestic work, the hotel sector, etc. However, differences exist between European countries with regard to the sectors which are most exposed to risks of abuse (see table 1.1).29 For example in Ireland, working in domestic households was identified as the major area for severe labour exploitation.30

There are different ways to end up in situations of severe labour exploitation: moving by one’s own initiative to another country and consequently being exploited; relying on the services of recruitment agencies; or a person may have been trafficked to a European country. When there is a gap between the labour market needs and the availability of national domestic workers who want to perform these jobs, migrant workers could fill this gap. But filling this gap cannot go at the expense of the labour rights of these workers. Many of these migrant workers are employed in the undeclared market which exposes them to a heightened risk of labour exploitation.31

Among the reasons for this proneness to exploitation one can recognize the characteristic that domestic workers work in isolated households where there is no effective social control. They are difficult to reach out to and provide with information. In the case of a domestic worker, there is a very close relationship between the exploited employee and the exploiter, which makes it very hard for the employee to withdraw from the employment relationship. They

24_{Protocol PO29 of 2014 to the Forced Labour Convention.}

25_{Recommendation R203 of 2014 to the Forced Labour Convention.} 26 www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_321414.pdf (consultation 12/06/2016). 27 www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm (consultation 12/06/2016). 28

Organization for Security and Co-operation in Europe Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation.

29_{European Union Agency for Fundamental Rights (FRA), Zero tolerance for severe forms of labour}

exploitation needed, 2 June 2015, www.lefoe.at/tl_files/lefoe/pr-2015-severe-labour-exploitation_en_0.pdf

30_{European Union Agency for Fundamental Rights (FRA), Severe labour exploitation: workers moving within}

or into the European Union, 2015, http://fra.europa.eu/sites/default/files/fra-2015-severe-labour-exploitation_en.pdf

31_{European Union Agency for Fundamental Rights (FRA), Migrants in an irregular situation employed in}

domestic work: Fundamental rights challenges for the European Union and its Member States, 2011,

(18)

9 might fear that they will get evicted from the country if they would file a complaint about their working conditions. Employers furthermore might fear the high fines they risk by employing a clandestine domestic worker, and therefore try to hide them. Another factor leading to the exploitation of domestic workers is the tolerance of the exploitation of these workers and a general lack of interest in the issue by the public opinion. The general idea has risen that “nationals do not want to do these unattractive jobs”, so Member States will rely on people who moved within or to the EU. The domestic sphere thus represents a sort of grey area, where moral standards are less salient or at least seemingly suspended. ‘This has the

potential to undermine moral standards and contribute to a climate of tolerance of labour exploitation.’32

Domestic workers in irregular situations often perform labour in conditions that are in conflict with basic human dignity. They have to work long hours for little or no pay. Recurrent factors of labour exploitation of migrant domestic workers are that there is no written contract, no proper information with regard to their wages and working conditions etc., and the dependence of the worker on the employer. Domestic workers in an irregular situation should, just like any other worker, enjoy the same safe and decent working conditions. Guarantees exist to ensure this may be provided for in national law, but their applicability to domestic workers or to those in an irregular situation may not be evident. The mechanisms or criteria for a migrant worker to regularise his or her status also differ in every European country.33

1.2.2.1 Position of irregular migrant workers in Belgium and Ireland

In this part, an examination will be made of which rights and protections a migrant domestic worker in an irregular situation has according to the Belgian and Irish law.

According to Belgian labour law, an employment contract of clandestine workers is absolutely void.34 Even though the employment contract is void, this cannot be held against the clandestine worker. The employee will be able to rely on the rights which were given to him/her by the employment contract. Although the employment contract is void, the employer

32_{European Union Agency for Fundamental Rights (FRA), Severe labour exploitation: workers moving within}

or into the European Union, 2015, http://fra.europa.eu/sites/default/files/fra-2015-severe-labour-exploitation_en.pdf

33

European Union Agency for Fundamental Rights (FRA), Migrants in an irregular situation employed in domestic work: Fundamental rights challenges for the European Union and its Member States, 2011,

http://fra.europa.eu/sites/default/files/migrants_in_an_irregular_situation_employed_in_domestic_work_en.pdf 34

W. RAUWS, Civielrechtelijke beëindigingswijzen van de arbeidsovereenkomst: nietigheid, ontbinding en

(19)

10 is still obliged to pay the wage.35 The rights and protections of the law on labour accidents do also apply to the employee who has a void employment contract.36 The employer is also obliged to take an insurance for labour accidents37, but even if the employer neglected to do so, the ‘Fund for labour accidents’ will compensate the victim.38 However, it will be up to the worker to prove that an employment contract exists to rely on these rights. This is not always an easy task.39 The same applies for the social security coverage. Although employment contract is void, the employer is still obliged to pay social contributions. However, in order for the worker to rely on the benefits of social security, he/she has to prove that an employment contract exists, and furthermore the employee could file a complaint with the social inspection.40

In Ireland the situation seems to be completely different. The Irish Labour Court stated in its

Hussein decision of 201241 that undocumented workers are barred from enforcing employment rights as they do not have a valid contract of employment.42 The case dealt about a migrant worker, Mohammed Younis, who was working in Poppadom restaurant and had been exploited by his employer. He was working 77 hours per week for as little as 55 cent per hour. He was not able to claim under the working time legislation, minimum wage legislation and the Terms of Employment. The Employment Permits Act of 2003 withdrew all protections for migrant workers.43 In June 2015, the Supreme Court set aside the High Court’s decision but not on any rejection of the High Court’s analysis of employment law, employment contracts and irregular migrant workers, but on the basis of strict adherence to the role of a court in judicial review proceedings. The Supreme Court did not really enter into the analysis of the decision, but seemed weary of accepting it either.44 However, the situation

35_{Article 47 Wage Protection Act of 12 April 1965.}

36_{Article 6, §1 Act of 10 April 1971 concerning accidents at work.} 37

Article 49 Act of 10 April 1971 concerning accidents at work..

38_{Article 58, §1, 3° Act of 10 April 1971 concerning accidents at work.} 39 www.orcasite.be/userfiles/file/2013%20thesis%20De%20Sociaalrechtelijke%20Bescherming%20van%20werkn emers%20zonder%20wettig%20verblijf.pdf (consultation 15/06/2016). 40 www.orcasite.be/userfiles/file/2013%20thesis%20De%20Sociaalrechtelijke%20Bescherming%20van%20werkn emers%20zonder%20wettig%20verblijf.pdf (consultation 15/06/2016).

41_{Amjad Hussein v. The Labour Court and Mohammad Younis [2012] No. 194 J.R} 42 http://humanrights.ie/economic-rights/migrantdiplomatic/ (consultation 13/06/2016). 43_{http://humanrights.ie/economic-rights/irregular-migrant-workers-and-employment-rights-in-ireland/} (consultation 15/06/2015). 44 http://humanrights.ie/civil-liberties/mohammad-younis-succeeds-in-the-supreme-court/ (consultation 15/06/2015).

(20)

11 of migrant workers in Ireland has been slightly improved after the adoption of the Employment Permits Act in 2014.45

1.3 Estimation of domestic workers

After examining the notion “domestic workers”, estimation can be made of how many domestic workers there are, in which parts of the world/regions/countries they are working, and whether they are predominantly male or female.

According to ILO estimates in 2015, at least 67.1 million men and women were employed as domestic workers across the world in 2013 (see table 1.2 for data of 201046). Domestic work is therefore an important source of employment. It accounts for 4 per cent of total employment. Domestic work remains a heavily female-dominated sector: women account for about 80 per cent of all domestic workers. Female domestic workers outnumber men in virtually all countries (see table 1.3). Domestic work accounts for 7.5 per cent of female wage employment worldwide, as compared with 1 per cent of that of men.47 The estimation of the ILO is based on labour force surveys and other household surveys, which have as two key advantages that they are usually based on representative samples of all households in a country; and that they are designed to capture all forms of employment, regardless of whether such work is (not) registered with the authorities, irrespective of whether it is carried out on a part-time or full-time basis, and whether it is performed in the informal or formal economy.48 The informal economy represents in multiple countries a large part of the employment (see table 1.4).49 But still, it is possible that the interviewers of household surveys fail to recognize domestic workers or misclassify the domestic workers. Domestic workers might also be reluctant to disclose their activity when faced with the government. Potential underestimation of domestic workers is also possible because of their undocumented migrant status. Migrant workers might not be captured in surveys, and even when they are, they might be reluctant to

45_{http://humanrights.ie/economic-rights/irregular-migrant-workers-and-employment-rights-in-ireland/}

(consultation 15/06/2015).

International Labour Office, Geneva, 2013.

47

Social protection for domestic workers: Key policy trends and statistics, International Labour Office, Geneva, 2016.

International Labour Office, Geneva, 2013.

(21)

12 provide any information that would reveal their irregular status.50 It can be concluded that the number of domestic workers could even be higher when taking into consideration the undercount created by the issues explained above.

This thesis focusses on Belgium and Ireland, two European countries. In 2014, according to Eurostat figures, there were more than 5 million workers employed in ‘social work activities without accommodation’ and 2.3 million workers performing domestic tasks in the European Union.51 Almost 90% of the domestic workers in the European Union are female.52 A common pattern among Western European countries is the employment of migrant women, for whom domestic work is a main entry point into the labour market.53

It is hard to make a precise estimation of the number of domestic workers in Belgium since official data and estimates vary widely. The number of workers employed officially recorded under the category of “activities of household as employers” is relatively low in Belgium compared to the average. The ILO LABORSTA 2008 counted 42,100 domestic workers in 2008.54 It then accounted for 0.9 per cent of total employment in Belgium.55 91 per cent of them are women; of which about 71 per cent are Belgian, 19 per cent hold another European nationality and 9 per cent are third country nationals. The number of registered “domestic servants” dropped from 1069 in 2008 to 976 in 2011. In 2010, Gutiérrez and Creanen estimated the number of domestic workers employed in diplomatic households in Belgium at around 600, with about two-thirds working as live-in servants.56 The number of au pairs has been growing as well, particularly in Flanders where the number of au pairs increased from 51 in 2001 to 316 in 2011. However, these numbers do not take into account the workers employed under the service voucher system, or workers who are irregularly employed or who have an irregular migrant status. 160,793 people were working in the voucher system in 2013 with 97 per cent female workers.57 The number of migrant workers doubled to 26.6 per cent

50

Domestic workers across the world: Global and regional statistics and the extent of legal protection, International Labour Office, Geneva, 2013.

51_{Thematic review on personal and household services, European Commission, July 2015.}

52

www.europarl.europa.eu/meetdocs/2014_2019/documents/femm/dv/claire-courteille-presentation_/claire-courteille-presentation_en.pdf (consultation 31/05/2016).

International Labour Office, Geneva, 2013, 35.

54_{L.-M. HEIMESHOFF, “Europe” in H. SCHWENKEN and L.-M. HEIMESHOFF (ed.), Domestic Workers}

Count: Global Data on an Often Invisible Sector, Kassel, Kassel University Press, 2011, 48.

55

Social protection for domestic workers: Key policy trends and statistics, International Labour Office, Geneva, 2016.

56_{E. GUTIÉRREZ & S. CRAENEN, Huishoudpersoneel: door een andere bril bekeken, Brussel, OR.C.A. vzw,}

2010.

(22)

13 between 2006 and 2011, with the biggest group being Polish nationals. These two important groups are left out of the count of domestic workers in Belgium.58

In Ireland, the ILO LABORSTA 2008 statistics show that about 10,100 persons are working in private households, of which 600 of them men.59 It then accounted for 0.5 per cent of total employment in Ireland.60 Especially the group of women au pairing in Ireland is growing rapidly. The Migrants Centre Ireland reported that they were supporting over 1000 au pairs in 2015 compared to just 40 in 2013.61 Ireland is ranked as the most ‘globalized’ country in the world.62 They are also the fastest growing destination for migrant workers in Europe. There has been an increased growth of employment in Ireland in the last 20 years, which could not be carried by the Irish labour force. Therefore, there has been an active recruitment by Irish agencies of domestic workers in different countries all over the world.63

2. The evolution of international law and domestic workers:

Coverage under ILO standards

In 2013 the Convention of the International Labour Organization on Decent Work for Domestic Workers was adopted, applying exclusively to domestic workers. Before this specific instrument came into existence domestic workers were already covered by other ILO instruments protecting their fundamental principles and rights at work. In this chapter the evolution of coverage of domestic workers under the International Labour Standards will be examined.

58_{J. MICHIELSEN, R. WILLEMS, W. NOUWEN and S. JALHAY, “Promoting integration for migrant}

domestic workers in Belgium”, International Migration Papers, No. 116, International Labour Office, Geneva.

59

L.-M. HEIMESHOFF, “Europe” in H. SCHWENKEN and L.-M. HEIMESHOFF (ed.), Domestic Workers

Count: Global Data on an Often Invisible Sector, Kassel, Kassel University Press, 2011, 47.

2016.

61_{www.irishtimes.com/news/social-affairs/au-pairs-in-irish-homes-face-exploitation-and-neglect-1.2235796}

62_{R. MUNCK, “Ireland in the World, the World in Ireland” in B. FANNING and R. MUCNK (eds.),}

Globalization, Migration and Social Transformation: Ireland in Europe and the World, Routledge, 2016, 4.

63

D. SABENACIO NITIHAM, “Filipinos Articulations of Community” in B. FANNING ad R. MUNCK (eds.),

(23)

14 2.1 Core labour standards

In order for Member States to respect the working conditions of domestic workers, they should adopt the ILO Conventions in which domestic workers are covered by international labour standards in different key areas, notably those that relate to fundamental principles and rights at work.64 The ILO has repeatedly taken the position that, unless a Convention or Recommendation expressly excludes domestic workers, these workers are included in the international instrument’s scope.65

The core labour standards in the light of domestic workers and whether they are covered by the core ILO Conventions will be briefly discussed.

2.1.1 Freedom of association

Article 2 of the ILO Convention No. 87 on the Freedom of Association and Protection of the Right to Organise Convention applies to all “workers and employers, without distinction

whatsoever”. The ILO Convention No. 98 on the Right to Organise and Collective Bargaining

Convention seeks to ensure that workers enjoy adequate protection against interference in the establishment, functioning and administration of their representative organizations. The Committee of Experts on the Application of Conventions and Recommendations (hereafter: CEACR) has consistently interpreted these Conventions as requiring that legislative provisions concerning freedom of association, including the right to organize, be extended to domestic workers.66

2.1.2 Equality and non-discrimination

The fundamental principles of non-discrimination and equality of opportunity reflected in the ILO Convention No. 111 on Discrimination in Employment and Occupation and the ILO Convention No. 100 on Equal Remuneration Convention also apply to domestic workers. Domestic workers are easy targets to multiple forms of discrimination and abuse because of the peculiar employment relationship, the undervaluation of domestic work, the stereotyped ideas about gender roles, etc. The CEACR recalled that excluding domestic workers from

64_{Decent work for domestic workers, International Labour Office, Geneva, 2010, 16.} 65

Office of the Legal Adviser of the ILO, Legal Opinion of 29 July 2002.

(24)

15 laws or measures designed to promote equality in employment and occupation are contrary to these Conventions.67

2.1.3 Forced labour

The ILO Conventions No. 29 on Forced Labour and No. 105 on the Abolition of Forced Labour, which seek to ensure that all human beings are free from forced labour in law and in practice, apply to all workers, including domestic workers. Migrant domestic workers are in particular vulnerable because of the issue of human trafficking.68

2.1.4 Child labour

The main instruments to tackle the issue of child labour are the ILO Conventions No. 182 on the Worst Forms of Child Labour and No. 138 on Minimum Age. The CEACR has repeatedly called upon member States to take effective action to prevent child domestic labour.69

2.2 Flexibility clauses in ILO Conventions

Even though most ILO Conventions apply to domestic workers, some Conventions permit the exclusion, wholly or in part, of domestic workers of the scope of the instrument. But the CEACR has construed the exclusion of domestic workers narrowly. Some Conventions already have been shelved, which means that they are no longer considered to be relevant to current needs, and other Conventions are considered to be outdated, without being shelved. In some cases, the possibility to apply the flexibility clause has never been used. The CEACR is also very strict with regard to the fact that the declaration of exclusion must be made at the time of ratification, and not after. A number of Conventions allow the exclusion of limited but unidentified categories of workers for which there are problems of a substantial nature (see table 1.5).70

67

ILO: Equality in employment and occupation, Report III (Part 4B) (General Survey), ILC, 75th Session, Geneva, 1988, para. 127.

Decent work for domestic workers, International Labour Office, Geneva, 2010, 19.

(25)

16 2.3 Paradox

Although domestic workers are covered by the core ILO Conventions, Member States made use of the possibility to exclude domestic workers from certain Conventions which also provide for fundamental principles and rights at work. Domestic workers perform a very specific type of work, and given their vulnerability to dangerous, discriminatory and abusive working conditions, they need special attention rather than exclusion. The situation explained above is paradoxical since the ILO is trying to give domestic workers protection and decent working conditions by including them in their instruments, but on the other hand there is the possibility for Member States to exclude domestic workers from the scope of some Conventions. There was a clear need for an instrument taking into account the specificity of domestic work.71

2.4 The ILO Convention on Domestic Workers

On the 100th session of the International Labour Conference, the ILO adopted Convention No. 189 and Recommendation No. 201. The Convention is legally binding for the Member states which ratify it. The Recommendation is not legally binding but contains guidelines for the interpretation of the Convention, in order to improve national domestic work laws and practices of Member States with a view to promoting decent work in the sector of domestic work. This Convention and Recommendation have become the most important instruments on this subject in terms of the basic principles and minimum labour standards for this activity.72 In the next chapter, the most important provisions of the ILO Convention on Domestic Workers will be discussed.

3. International Labour Organization Convention No. 189 on

Decent Work for Domestic Workers

The main prerogative of the Domestic Workers Convention is to provide basic rights and protection to domestic workers, which is certainly one of the least protected categories of workers in Europe and beyond, in the same way as those available to other workers.

E. ALBIN and V. MANTOUVALOU, The ILO Convention on Domestic Workers: From the Shadows to the Light, Industrial Law Journal, March 2012.

(26)

17

3.1 Overview of the key provisions

The Preamble mentions the significance of domestic workers to the global economy. It recognises that domestic work is undervalued and invisible and is mainly carried out by women and girls, many of whom are migrants or member of disadvantaged communities. The Convention thus contains provisions that are specifically addressed to their migration status. It also recognises 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 in order that they enjoy their rights fully.

Article 1 of the Convention defines ‘domestic work’ as work performed in or for a household, and a ‘domestic worker’ as any person performing domestic work in an employment relationship. As a consequence, all the persons who are not in an employment relationship are excluded from the scope, for example agency workers who are considered to be self-employed.

Article 3 states that the Convention protects the human rights and the four fundamental principles and rights at work of the ILO. Members States shall take measures to ensure that domestic workers, like every other worker, enjoy fair terms of employment as well as decent working conditions (Article 6). The domestic workers should receive information about the terms and conditions of employment (Article 7), enjoy minimum wage coverage (Article 11) and be paid at least once a month (Article 12). The Member States must also set a minimum age for domestic workers (Article 4), ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence (Article 5), have the right to a safe and healthy work environment (Article 13), and enjoy social security protection, especially in respect to maternity (Article 14).73

3.1.1 Human rights approach

The Convention includes both civil (i.e. article 16 – effective access to courts) and social rights (i.e. article 11 and 14), taking an integrated approach towards human rights law. This breaks down the traditional division between civil and social rights. There is no hierarchy between them.

73

www.hrw.org/sites/default/files/related_material/2013ilo_dw_convention_brochure.pdf (consultation

(27)

18 Another feature of human rights is their universalism: human rights are applicable to everyone. The concept of universality also characterises labour rights, in the sense that every worker should be protected due to the tension between labour and capital. Article 2 of the Convention states that it applies to all domestic workers, however, in the next paragraph it is stated that exclusions are possible. This is problematic, because even though the ILO wanted to protect the specific group of domestic workers and the Convention targets this specific sector, it still excludes workers occupied in that sector.74

Another issue with regard to the universal protection of domestic workers is the diplomatic immunity. Not seldom one hears stories in the media about diplomats abusing their domestic workers.75 Diplomats are covered by immunity, so they enjoy impunity for abuse in many cases. This issue is not covered in the Convention. It is mentioned in the Recommendation, which states that Member States have to adopt policies and codes of conduct for diplomats, in order to stop the abuse of domestic workers, and to cooperate in order to provide them the necessary protection.76

3.1.2 Sectoral approach

The human rights approach recognises the universality of domestic workers’ claims. The sectoral approach on the other hand enables to view domestic work as ‘work like no other’, and at the same time addresses it as ‘work like any other’. The situation of domestic workers as ‘work like any other’ derives from the idea that domestic workers are often seen as “one of the family”, what makes them distinct from other workers. This situation can have an influence on the employment relationship. The employer can feel less of a barrier to ask the worker to work harder and longer. Domestic workers are often the “victim” of a power balance which leaves the domestic worker without proper protection, they experience a sectoral disadvantage. It is of equal important to treat their work as ‘work like no other’. The sectoral approach offers a focus on the particular challenges that workers in the sector face. The two approaches complement each other. Sector based policies can point out the human

74_{www.ucl.ac.uk/laws/lri/papers/EinatAlbin-VirginiaMantouvalou.pdf}_{(consultation 05/05/2016).} 75

Examples of media reports:

www.telegraph.co.uk/news/uknews/immigration/7970416/Foreign-diplomats-abusing-immunity-to-keep-domestic-slaves-in-Britain.html,

www.washingtonpost.com/opinions/diplomats-who- commit-domestic-worker-crimes-shouldnt-get-a-free-pass/2014/01/01/61b750b6-719d-11e3-9389-09ef9944065e_story.html (consultation 31/05/2016).

(28)

19 rights, labour rights and social rights of domestic workers. In this way it makes the general human rights approach more subtle and precise.77+78

3.2 Ratifications

To date 22 Member States have ratified the ILO Convention on Domestic Workers, with Portugal, Panama, Belgium and Chile as its newest members.79 Beneath, an overview of the countries which have ratified the Convention will be given. But even though the number of ratifications does not seem that high, there are alternative ways to provide protection. Several countries have pledged their intent to ratify the Convention, and there are other country that have enacted or are pursuing legal reforms to strengthen protections for domestic workers without ratifying the Convention.80 Some examples will also be given in this overview per continent.

Africa – Two African countries ratified the Convention (Mauritius and South Africa).

Next to these two countries, Zambia launched a Code of Conduct for Employers of Domestic workers.81_{Morocco approved a draft law in June 2013, regulating conditions for domestic}

workers, granting them similar legal protections to those for other workers under the Moroccan Labour Law. However, this law has not been adopted until today. Morocco could set a major example for Northern-African countries.82+83

Asia and the Pacific – The Philippines is the only country in Asia which has ratified the

Domestic Workers Convention, even though the majority of domestic workers in the world is situated in Asia and the Pacific (see table 1.1).

Latin America and the Caribbean – This region has the most ratifications of Convention

No. 189 (Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Guyana, Nicaragua, Panama, Paraguay and Uruguay).

North-America – There have been no ratifications from Northern American countries.

77

www.ucl.ac.uk/laws/lri/papers/EinatAlbin-VirginiaMantouvalou.pdf (consultation 05/05/2016).

78_{Decent work for domestic workers, International Labour Office, Geneva, 2010, 12-13.}

79_{www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:2551460} (consultation 31/05/2016). 80_{www.hrw.org/sites/default/files/related_material/2013ilo_dw_convention_brochure.pdf}_{(consultation} 31/05/2016). 81 www.mywage.org/zambia/main/decent-work/domestic-work/domestic-workers/code-of-conduct-for-employers-of-domestic-workers (consultation 05/06/2016). 82 www.hrw.org/news/2013/11/21/morocco-revise-draft-law-domestic-workers (consultation 05/05/2016). 83_{reliefweb.int/report/morocco/morocco-and-western-sahara-events-2015-enar}_{(consultation 05/05/2016).}

(29)

20 In the United States, the states of California, Massachusetts, Connecticut, Hawaii, Oregon, and New York have adopted a Domestic Workers’ Bill of Rights which gives domestic workers a minimum wage, overtime, and protection against sexual harassment.84

Middle East – There have been no ratifications in the Middle East.

On June 24, 2015, Kuwaiti legislators’ adopted a new law giving domestic workers enforceable labour. The new law is important since it finally gives domestic workers enforceable labour rights, but it lacks key protections found in the general labour law, such as provisions for sick leave. The domestic workers law also provides for a maximum 12-hour working day with unspecified “hours of rest” instead of a 48-hour work week. There are also no enforcement mechanisms in this law. Kuwait sets a good example for the other Gulf-states, but improvements are still necessary.85

Europe and Central Asia – Italy, Germany, Finland, Belgium, Ireland and Portugal are the

only countries in the European Union that ratified the Convention. Switzerland also ratified the Convention.

An example of a Member State which reformed its laws with regard to domestic workers is Spain, which implemented Royal Decree 1620/2011 to regulate the special domestic service labour relationship and provides rules to improve working conditions in this sector by bringing them as close as possible with those of other workers.86

In order to promote the ratification of the Convention by the European Member States, the Council of the European Union adopted in 2014 a decision authorizing EU Member States to ratify, in the interests of the European Union, the Convention concerning Decent work for Domestic Workers.87 This Decision makes arguments by Member States on potential conflicts between EU instruments and the ILO Convention superfluous.88 The Decision should be an incentive for the Member States to ratify the Convention, since the current amount of

84 www.respectallwork.org/faq.html (consultation 05/06/2016). 85_{www.hrw.org/news/2015/06/30/kuwait-new-law-breakthrough-domestic-workers}_{(consultation 05/05/2016).} 86 www.ilo.org/wcmsp5/groups/public/@ed_protect/@protrav/@travail/documents/publication/wcms_173686.pdf (consultation 05/06/2016) 87

Council Decision of 28 January authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organization (Convention No 189).

88

www.hrw.org/report/2013/10/27/claiming-rights/domestic-workers-movements-and-global-advances-labor-reform (consultation 1/06/2016).

(30)

21 ratifications in the European Union is still relatively low, especially for the countries with the highest proportion of domestic workers, such as Spain, Portugal and Cyprus.89

4. The comparison between Belgium and Ireland

4.1 Belgium

4.1.1 Definition of a domestic worker

Domestic work can be covered in Belgium by six different contractual arrangements. Three types of contracts are covered by national labour law: domestic servants, non-manual domestic workers and manual domestic workers. Belgium has a service voucher system, through which via a third party, the service voucher agency employs domestic workers. Lastly, there are two separate labour systems: the au pair system and the domestic workers working for diplomats. Different legal instruments apply to these separate systems. See table 4.1 for a partial typology (legal status, applicable law and policy aims) of the domestic work arrangements in Belgium.90 All these different statutes create confusion, since they all involve different labour rights and social security systems. The different domestic workers are represented by different joint committees. A general statute of domestic workers with a differentiation of tasks could overcome this problem.91 In this thesis, later on, a description will be given of the measures taken by the Belgian government after the ratification of the Domestic Workers Convention.

Article 5 of the Labour Contracts Act of 3 July 1978 defines the employment contract of a “domestic servant” as a contract where an employee, the domestic servant, pledges to perform services, mainly of manual domestic nature related to the housekeeping of the employer or his family, for and under the direction of the employer in return for which he receives remuneration.92 Domestic servants are not: people employed by a monastery or other community, of which the members are not a family; people performing tasks outside the house; and people who mainly perform tasks connected to the professional occupation of the

89_{C. COURTEILLE – Director EU Office, The ILO Domestic Workers Convention, 26 February 2015,} www.europarl.europa.eu/meetdocs/2014_2019/documents/femm/dv/claire-courteille-presentation_/claire-courteille-presentation_en.pdf

90

Promoting integration for migrant domestic workers in Belgium, International Labour Office, Geneva, 2013, 16-18.

91_{Promoting integration for migrant domestic workers in Belgium, International Labour Office, Geneva, 2013,}

22.

(31)

22 employer. This is pursuant the provision in the Labour Contracts Act which declares that not all employees working in the private household of an employer are bound by an employment contract for domestic servants. The other category is called “other domestic workers”. Domestic workers are: people who mainly perform intellectual work; people who mainly perform tasks which cannot be classified as being of domestic nature; people who do not perform labour connected to housekeeping. Depending on which kind of work they perform, they will be subjected to an employment contract for white collar workers or workers who perform occasional labour.93

4.1.2 Situation prior to the ratification

Prior to the ratification of the ILO Convention No. 189 there was a deviating regulation applicable to domestic servants. The statute of domestic servants was a very antiquated statute, which was less favourable than the blue-or white collar statute. The salary of domestic servants was equal to the absolute minimum wage, there was no restriction on overtime, and the general prohibition on night work did not apply to them. But most problematic was that not all employers were obliged to register their domestic servants at the National Social Security Office and consequently pay no social contributions if some criteria were met. These workers’ work data was registered nowhere.94

Until 2004, domestic servants were even classified under the joint committee (JC) of the non-working. The changes of 2004 already improved the situation of the registered domestic servants by classifying them under JC 323, the joint committee of the porters/concierges and domestic servants.95+96

As explained above, a division exists between three kinds of domestic workers under Belgian labour law, namely the domestic servants and the (non-)manual domestic workers. If certain criteria were met for these groups, they were not subjected to social security, namely when:

 “live-out domestic servants” (NL: “uitwonende dienstboden”) who performed mainly domestic manual labour97:

93_{www.socialsecurity.be/site_nl/employer/general/identification/documents/pdf/ID_B01_bis_N.pdf}

94 _OR.C.A., _{Huishoudpersoneel :} _door _een _andere _bril _bekeken, _2010,

www.orcasite.be/userfiles/file/ORCA_Huishoudpersoneel_NL.pdf

95_{www.ond.vlaanderen.be/welzijn/leerlingenstage/doc/paritaire-comit%C3%A9s.pdf}_{(consultation 2/06/2016).}

96 _OR.C.A., _{Huishoudpersoneel :} _door _een _andere _bril _bekeken, _2010,

www.orcasite.be/userfiles/file/ORCA_Huishoudpersoneel_NL.pdf 97_{For example: doing dishes, ironing, cleaning, etc..}

The Domestic Workers Convention and its impact on the national legislation of Belgium and Ireland

The Domestic Workers Convention and its impact

on the national legislation of Belgium and Ireland

Céline Vandeplas

Thesis submitted on the 17

of June 2016 to obtain

the degree of Master of Laws

Master European and International Labour Law

Promotor:

Dr. N. Ramos Martin

The Domestic Workers Convention and its impact

on the national legislation of Belgium and Ireland

Céline Vandeplas

Thesis submitted on the 17

of June 2016 to obtain

the degree of Master of Laws

Master European and International Labour Law

Promotor:

Dr. N. Ramos Martin

Acknowledgments

Abstract

Table of contents

List of abbreviations

List of Annexes

Introduction

1. Core elements

1.1 What is domestic work?

1.2 Position of domestic work in society

1.3 Estimation of domestic workers

2. The evolution of international law and domestic workers:

Coverage under ILO standards

3. International Labour Organization Convention No. 189 on

Decent Work for Domestic Workers

3.1 Overview of the key provisions

3.2 Ratifications

4. The comparison between Belgium and Ireland

4.1 Belgium