Resolução da Assembleia da República n.º 42/2015 - Diário da República n.º 81/2015, Série I de 2015-04-27
Resolução da Assembleia da República n.º 42/2015
Aprova a Convenção n.o 189, relativa ao Trabalho Digno para as Trabalhadoras e Trabalhadores do Serviço Doméstico, adotada pela Conferência Geral da Organização Internacional do Trabalho, na sua 100.a sessão, realizada em Genebra, em 16 de junho de 2011.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Consti-tuição, aprovar a Convenção n.º 189, relativa ao Trabalho Digno para as Trabalhadoras e Trabalhadores do Serviço Doméstico, adotada pela Conferência Geral da Organização Internacional do Trabalho, na sua 100.ª sessão, realizada em Genebra, em 16 de junho de 2011, cujo texto, na versão autenticada nas línguas inglesa e francesa e respetiva tradução para língua portuguesa, se publica em anexo.
Aprovada em 9 de janeiro de 2015.
A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
CONVENTION 189
CONVENTION CONCERNING DECENT WORK FOR DOMESTIC WORKERS
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 In-
ternational 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.
Article 1
For the purpose of this 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 worker.
Article 2
1 - The Convention applies to all domestic workers. 2 - A Member which ratifies this Convention may, after consulting 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, exclude wholly or partly from its scope:
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categories of workers who are otherwise provided with at least equivalent protection;
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limited categories of workers in respect of which special problems of a substantial nature arise.
3 - Each Member which avails itself of the possibility afforded in the preceding paragraph shall, in its first report on the application of the Convention under article 22 of the Constitution of the International Labour Organisation, indicate any particular category of workers thus excluded and the reasons for such exclusion and, in subsequent reports, specify any measures that may have been taken with a view to extending the application of the Convention to the workers concerned.
Article 3
1 - Each Member shall take measures to ensure the effective promotion and protection of the human rights of all domestic workers, as set out in this Convention.
2 - Each Member shall, in relation to domestic workers, take the measures set out in this Convention to respect,
2100 promote and realize the fundamental principles and rights at work, namely:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation.
3 - In taking measures to ensure that domestic workers and employers of domestic workers enjoy freedom of association and the effective recognition of the right to collective bargaining, Members shall protect the right of domestic workers and employers of domestic workers to establish and, subject to the rules of the organization concerned, to join organizations, federations and confederations of their own choosing.
Article 4
1 - Each Member shall set a minimum age for domestic workers consistent with the provisions of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and not lower 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.
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