Section 111p. 111

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

than that established by national laws and regulations for

workers generally.

2. Each Member shall take measures to ensure that work

performed by domestic workers who are under the age of

18 and above the minimum age of employment does not

deprive them of compulsory education, or interfere with

opportunities

to

participate

in

further

education

or

vocational training.

ARTICLE 5

Each

Member

shall

take

measures

to

ensure

that

domestic workers enjoy effective protection against all

forms of abuse, harassment and violence.

ARTICLE 6

Each

Member

shall

take

measures

to

ensure

that

domestic workers, like workers generally, enjoy fair terms

of employment as well as decent working conditions and,

if they reside in the household, decent living conditions

that respect their privacy.

ARTICLE 7

Each

Member

shall

take

measures

to

ensure

that

domestic

workers

are

informed

of

their

terms

and

conditions of employment in an appropriate, verifiable

and easily understandable manner and preferably, where

possible, through written contracts in accordance with

national laws, regulations or collective agreements, in

particular:

(a) the name and address of the employer and of the

worker;

(b) the address of the usual workplace or workplaces;

(c) the starting date and, where the contract is for a

specified period of time, its duration;

(d) the type of work to be performed;

(e)

the

remuneration,

method

of

calculation

and

periodicity of payments;

(f) the normal hours of work;

(g) paid annual leave, and daily and weekly rest periods;

(h)

the

provision

of

food

and

accommodation,

if

applicable;

(i) the period of probation or trial period, if applicable;

(j) the terms of repatriation, if applicable; and

(k) terms and conditions relating to the termination of

employment, including any period of notice by either the

domestic worker or the employer.

ARTICLE 8

1. National laws and regulations shall require that migrant

domestic workers who are recruited in one country for

domestic work in another receive a written job offer, or

contract

of

employment

that

is

enforceable

in

the

country in which the work is to be performed, addressing

the terms and conditions of employment referred to in

Article

7,

prior

to

crossing national borders for the

purpose of taking up the domestic work to which the

offer or contract applies.

2. The preceding paragraph shall not apply to workers

who enjoy freedom of movement for the purpose of

employment

under

bilateral,

regional

or

multilateral

agreements,

or

within

the

framework

of

regional

economic integration areas.

3. Members shall take measures to cooperate with each

other to ensure the effective application of the provisions

of this Convention to migrant domestic workers.

4.

Each

Member

shall

specify,

by

means

of

laws,

regulations or other measures, the conditions under

which

migrant

domestic

workers

are

entitled

to

repatriation

on

the

expiry

or

termination

of

the

employment contract for which they were recruited.

ARTICLE 9

Each

Member

shall

take

measures

to

ensure

that

domestic workers:

(a) are free to reach agreement with their employer or

potential

employer

on

whether

to

reside

in

the

household;

(b) who reside in the household are not obliged to remain

in the household or with household members during

periods of daily and weekly rest or annual leave; and

(c) are entitled to keep in their possession their travel and

identity documents.

ARTICLE 10

1. Each Member shall take measures towards ensuring

equal treatment between domestic workers and workers

generally in relation to normal hours of work, overtime

compensation, periods of daily and weekly rest and paid

annual

leave

in

accordance

with

national

laws,

regulations or collective agreements, taking into account

the special characteristics of domestic work.

2. Weekly rest shall be at least 24 consecutive hours.

3. Periods during which domestic workers are not free to

dispose of their time as they please and remain at the

disposal of the household in order to respond to possible

calls shall be regarded as hours of work to the extent

determined by national laws, regulations or collective

agreements, or any other means consistent with national

practice.

ARTICLE 11

Each

Member

shall

take

measures

to

ensure

that

domestic workers enjoy minimum wage coverage, where

such

coverage

exists,

and

that

remuneration

is

established without discrimination based on sex.

ARTICLE 12

1. Domestic workers shall be paid directly in cash at

regular intervals at least once a month. Unless provided

for by national laws, regulations or collective agreements,

payment may be made by bank transfer, bank cheque,

postal cheque, money order or other lawful means of

monetary payment, with the consent of the worker

concerned.

2. National laws, regulations, collective agreements or

arbitration awards may provide for the payment of a

limited

proportion

of the remuneration of domestic

workers in the form of payments in kind that are not less

favourable

than

those

generally

applicable

to other

categories of workers, provided that measures are taken

to ensure that such payments in kind are agreed to by

the worker, are for the personal use and benefit of the

worker, and that the monetary value attributed to them is

fair and reasonable.

ARTICLE 13

1. Every domestic worker has the right to a safe and

healthy working environment. Each Member shall take, in

accordance with national laws, regulations and practice,

effective measures, with due regard for the specific

characteristics

of

domestic

work,

to

ensure

the

occupational safety and health of domestic workers.

2. The measures referred to in the preceding paragraph

may be applied progressively, in consultation with the

most

representative

organizations

of

employers and

workers

and,

where

they

exist,

with

organizations

representative

of

domestic

workers

and

those

representative of employers of domestic workers.

ARTICLE 14

1. Each Member shall take appropriate measures, in

accordance with national laws and regulations and with

due regard for the specific characteristics of domestic

work, to ensure that domestic workers enjoy conditions

that are not less favourable than those applicable to

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