Section 112p. 112

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

workers generally in respect of social security protection,

including with respect to maternity. aSIHcT

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 15

1.

To

effectively

protect

domestic workers, including

migrant domestic workers, recruited or placed by private

employment agencies, against abusive practices, each

Member shall:

(a) determine the conditions governing the operation of

private

employment

agencies

recruiting

or

placing

domestic workers, in accordance with national laws,

regulations and practice;

(b) ensure that adequate machinery and procedures exist

for the investigation of complaints, alleged abuses and

fraudulent practices concerning the activities of private

employment agencies in relation to domestic workers;

(c) adopt all necessary and appropriate measures, within

its jurisdiction and, where appropriate, in collaboration

with other Members, to provide adequate protection for

and prevent abuses of domestic workers recruited or

placed in its territory by private employment agencies.

These shall include laws or regulations that specify the

respective obligations of the private employment agency

and the household towards the domestic worker and

provide

for

penalties,

including

prohibition of those

private employment agencies that engage in fraudulent

practices and abuses;

(d) consider, where domestic workers are recruited in one

country for work in another, concluding bilateral, regional

or

multilateral

agreements

to

prevent

abuses

and

fraudulent

practices

in

recruitment,

placement

and

employment; and

(e) take measures to ensure that fees charged by private

employment

agencies

are

not

deducted

from

the

remuneration of domestic workers.

2. In giving effect to each of the provisions of this Article,

each Member shall consult 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 16

Each

Member

shall

take

measures

to

ensure,

in

accordance with national laws, regulations and practice,

that

all

domestic

workers,

either

by

themselves

or

through a representative, have effective access to courts,

tribunals or other dispute resolution mechanisms under

conditions

that

are

not

less

favourable

than

those

available to workers generally.

ARTICLE 17

1. Each Member shall establish effective and accessible

complaint

mechanisms

and

means

of

ensuring

compliance with national laws and regulations for the

protection of domestic workers.

2. Each Member shall develop and implement measures

for labour inspection, enforcement and penalties with

due regard for the special characteristics of domestic

work, in accordance with national laws and regulations.

3.

In

so

far

as

compatible

with

national laws and

regulations, such measures shall specify the conditions

under which access to household premises may be

granted, having due respect for privacy.

ARTICLE 18

Each Member shall implement the provisions of this

Convention, in consultation with the most representative

employers' and workers' organizations, through laws and

regulations, as well as through collective agreements or

additional measures consistent with national practice, by

extending

or

adapting

existing

measures

to

cover

domestic workers or by developing specific measures for

them, as appropriate.

ARTICLE 19

This

Convention

does

not

affect

more

favourable

provisions applicable to domestic workers under other

international labour Conventions. SDcITH

ARTICLE 20

The

formal

ratifications

of

this

Convention shall be

communicated

to

the

Director-General

of

the

International Labour Office for registration.

ARTICLE 21

1. This Convention shall be binding only upon those

Members of the International Labour Organization whose

ratifications

have

been

registered

with

the

Director-General of the International Labour Office.

2. It shall come into force twelve months after the date on

which

the

ratifications

of

two Members have been

registered with the Director-General.

3. Thereafter, this Convention shall come into force for any

Member twelve months after the date on which its

ratification is registered.

ARTICLE 22

1. A Member which has ratified this Convention may

denounce it after the expiration of ten years from the

date on which the Convention first comes into force, by

an act communicated to the Director-General of the

International

Labour

Office

for

registration.

Such

denunciation shall not take effect until one year after the

date on which it is registered.

2. Each Member which has ratified this Convention and

which does not, within the year following the expiration

of the period of ten years mentioned in the preceding

paragraph, exercise the right of denunciation provided for

in this Article, will be bound for another period of ten

years and, thereafter, may denounce this Convention

within the first year of each new period of ten years under

the terms provided for in this Article.

ARTICLE 23

1. The Director-General of the International Labour Office

shall notify all Members of the International Labour

Organization of the registration of all ratifications and

denunciations that have been communicated by the

Members of the Organization.

2. When notifying the Members of the Organization of

the registration of the second ratification that has been

communicated,

the

Director-General

shall

draw

the

attention of the Members of the Organization to the date

upon which the Convention will come into force.

ARTICLE 24

The Director-General of the International Labour Office

shall communicate to the Secretary-General of the United

Nations for registration in accordance with Article 102 of

the Charter of the United Nations full particulars of all

ratifications

and

denunciations

that

have

been

registered.

ARTICLE 25

At such times as it may consider necessary, the Governing

Body of the International Labour Office shall present to

the General Conference a report on the working of this

Convention and shall examine the desirability of placing

on the agenda of the Conference the question of its

revision in whole or in part.

ARTICLE 26

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