The plantation workers unions met on the 7th of August 2009 at hotel Tea Villa Hatton with the cooperation of civil society organization. In the workshop, the plantation workers unions went through the questionnaire of ILO on Domestic Workers, and brought out their comments on the proposed ILO convention on Domestic Workers.

Form of the International Instrument or Instruments

1. Yes, Sri Lankan plantation worker group agreed that the Conference should adopt and instrument covering special provisions to ensure decent work to both male and female workers with proper wage structures.
2. Yes, we believe that the instrument should be in a form of convention comprising binding provisions on the employer in terms of the type of works.

II. Preamble
3. Yes, we believe that the ILO convention and recommendation should cover all workers with emphatic reference to domestic workers
4. Yes, the Instrument should refer to the special condition under which the domestic works are being carried out in different parts of the global to suit different condition.
5. In the preamble workers employed in different conditions should be adequately enumerated.

III. Definitions.
6. (a) The domestic work Should classified every aspects undertaken inclusive of housekeeping , child care and others personal i.e personal chauffeurs.
(b) Domestic workers should cover all categories work being carried out either on a full time or partite basis.
(c)The term ‘Standby’ should not deprived the workers on high rights on the either hand he/she must be free determine his/her privacy
(d) Yes, the Employer should include intermediaries as well:
(e) Yes, the terms agreed upon between parties on negotiation of the contract of employment should be provided in the convention.

IV. Scope.
7. Yes, should include all domestic workers including Chauffeurs.
8. Personal Chauffeurs who are being employed different conditions should be context of the definition the domestic workers.

IV. Content of a Convention

A. Fundamental Principles and Rights
9. (a) Existing Conventions in relation to all employees in different context should be the basis on which the proposed convention should cover
(b)Yes, adequate safeguard from all type of expectation and or compulsion or force should be included.
(c) The Convention, and recommendation already in existence under which respective Government have brought in legislation should be addressed
(d) Yes, the convention and recommendation should clearly against all forms of discrimination
10. Yes the convention should stipulate the age of recruitment as well as age of retirement
11. Yes, In order to pretext them from exploitation

B. Working and living conditions and social security

12. (a) Yes, the job our standard enjoy by all wage earners should be applied in the case of domestic workers too
(b) A safe and secure working conditions are a pre-requisite for employment of domestic workers
(c)All Social security envisaged in lob our standard including maternity protection should be included

13. (a)Yes, Name and address of employer or employers as the case may be should be embodied in the letter of appointment:
(b) Yes, the type of work of be undertaken should be clearly stated in the letter of appointment:
(c) Payment of all remuneration inclusive of agreed wage, extra payment, overtime and statutory payment such, as EPF.ETF. Insurance, Medical benefits etc
(d) The hours of work with stipulation of time of commencement should be covered in the convention:
(e) Duration of contact should be integral part of the contract of employment, the food and accommodation:
(f)The food and accommodation should be clearly elaborated in the contract of employment as agreed upon by both parties:
(g) This is applicable in the case of expatriate employees, but the terms have to be mutually agreed upon:

14. Adequate safeguard and protections against all forms of about, assault, harassments including sexual abuse should be clearly enumerated:
15. Yes, the minimum wage coverage inclusive of statutory benefits and coverage of
Insurances have to be covered:
16. Payments on monthly basis in desirable unless the employee decisions to suit or his/her aspiration:

17. Partial payments or advance payment against monthly wage should be provided in the letter of appointment

18. Protection from National Laws should be adequately dealt with in the convention:

19. The Convention should clearly define so much so, those there benefits are incorporated in the contract of employment:

20. Yes, all leave entitlements applicable under the wage board or other national laws should be covered:

21. The workers must have the right of free movement and should net confined to household all the times, after working hours:

22. Any additional hours of work, cannot be regarded as Standby other then working hours, that are detrimental to the National Laws regulations, All provision should be conversed the Collective Agreement:

23. Yes. House rest should be clearly defined in the letter of appointment with benefits:

24. Yes, all workers should be equally treatment in respect of the occupational safety.

25. All workers are entitled to the provision of Social Security schemes, including maternity protection, in an advanced manner:

C. Employment Agencies

26. Yes, the agencies crises of Middle man and barkers should be properly addressed to protect all abuse and malpractices:

D. Migrant domestic workers

27. All terms and conditions of employment should be embodies in the Agreement/ Contract of employment by both the parties.

28. The total cost should be bored by the Employer on the expiry of or termination of employment and it is the responsibility of the Employer:

29. All travel document and Identity cards/certificate should be remained with the workers and not under the custody of the employers:

30. Yes, all should cooperate to make workers to enjoy all benefits with other Nationals.

E. Implementation and enforcement measures.

31. An authority to be set up to enable all parties to settle the disputes in an amicable manner instead of confrontation

32. The laws and regulations with inspection services process with due recognition to ensure privacy of the workers:

33. Yes, all laws whether National or otherwise, should cover all the workers with specific reference to the domestic workers:

34. Yes, the participation of domestic workers in the process should be covered:

V1. Content of the recommendation

A. Fundamental Principles and Rights

35. Yes, it is very important to make the employers of the respective Country to create awareness among their countries men in the fundamental principles and rights of the domestic workers in their respective countries:

36. Yes, there should be some active process of system to pay attention on the needs of young domestic workers in all aspects including working time and hours: with specify references to their capacity:

B. Workers living conditions and social security:

37. Yes, in the form of a contract of employment/letter of appointment

38. All provision set out in the format-(a) -(k) should be included in the Recommendations.

All these provisions should be clearly and properly spelled out in the contract of employment:
39. Yes, it should be a consultation process, with a view to avoid any misunderstanding or breach of trust on both parties:

40. Yes, periodical medical check or test is needed not only on HIV, but in respect of other ailments, which will pave the way to better healthy workers:

41. Yes, we agree that the Recommendation should provide the payment by way of pay sheet. In the language known to the workers in very clear terms.

42. Yes, the Recommendation should provide special provisions to be made in respect of protection of wages, insolvency deaths of the domestic workers:

43. Yes, the Recommendations should provide that, consistent with national conditions, the accommodation when provided by the employer should:
(a) provide separate rooms, well equipped with all necessary facilities, and right to privacy
of the workers:
(b) Yes, it is very important to provide access to sanitary facilities private or shared is very important:
(c) Yes the accommodations provided should be adequate lit, appropriately heated or air conditioned in keeping with the prevailing conditions of the household.

44. Yes, all accommodation with all facilities specialties specified in clause (43) (a) (b) and (c) be free of charges and make compulsory and binding on the Employers:

45. Yes all details of payments, including Overtime wage should be clearly communicate to the workers in his own language:

46. Yes the domestic workers should be entitled for meal breakes of the same duration as other wage earners during the working days

47. (a) With respect to the standby collective agreement should be regulated.

(b) Maximum 48 hours per week

(c) If standby carried out during the normal period, the compensatory rest period should be provided

(d) Yes, standby hours should be remunerated according to normal wage rate.

48. Yes, we believe that the Recommendation should provide that domestic workers whose normal duties are performed at night should be treated not less favourably than other wage earners performing night work.

49. Yes, we agree that the Recommendation should provide national laws and regulations through maybe collective agreements and should stipulate ongoing needs of the households are not to be used to deprive the domestic workers daily or weekly rest.

50. Yes, the recommendation should provide that the members should be given the due consideration to establish a fixed day of the week for rest , as well as compensatory rest and extra payment in the case of derogation.

51. Yes, the Recommendation should provide that that domestic workers should not be required to remain in or with the household during their annual leave, and that time spent accompanying the household on vacation is not considered annual leave

52. Yes, the Recommendation should provide that in a situation of termination of employment domestic workers who live in employer – provided accommodation should be given:
(a) an extended period of notice during which they may continue living in the employer’s home
(b) reasonable time off with pay during the notice period to enable them to seek new employment.

53. Yes, the Recommendation should provide that Members should:
(a) identify, mitigate and prevent occupational hazards specific to domestic work
(b) establish procedures for collecting and publishing statistics on occupational safety and health related to domestic work
(c) advise on occupational safety, health and hygiene as well as on ergonomics and protective equipment
(d) develop training programmes and disseminate guidelines on occupational safety and health requirements

54. Yes, we agree that the Recommendation should provide that Members should consider means to facilitate the payment of social security contributions by employers, such as a system of simplified payment and the should follow the Social Security Act of the respective country.

C. Professional Development

55. Yes, we strongly believe that the Recommendation should provide enforcements such as policies and programmes for domestic workers to encourage ongoing development of their competencies and qualifications, including literacy training as appropriate, as well as to enhance their career and employment opportunities

D. Migrant Domestic Workers.

56. yes, we agree that the Recommendation should provide that regulation concerning repatriation of domestic workers should:
(a) the financial guarantee should be ensured for repartition
(b) prohibit any payment by migrant domestic workers to cover repatriation costs
(c) identify the time frame and circumstances for the exercise of the right to repatriation

57. yes, the Recommendation should provide that Members should consider additional measures to ensure the effective protection of migrant domestic workers’ rights, such as:
(a) the development of a network of safe emergency housing and we also believe that the hosting country should create emergency housing and placement.
(b) yes, a placement visit of the household in which the migrant domestic worker will be employed

58. Currently, some countries have created an authority and produce relevant information and take measures to social security. This should be followed by all the countries. We strongly agree that the Recommendation should provide that Members that are sending countries should assist in the effective protection of migrant domestic workers’ rights, including by informing migrant domestic workers of their rights before departure, establishing legal assistance funds, social services and specialized consular services and by any other additional measures

E. Relationship to other national policies.

59. Yes we agree that the Recommendation should provide that Members should be encouraged to develop national policies that:
(a) promote accessible, collective measures for the delivery of child care and other personal care

(b) promote work-life balance for families and Follow the occupational categories

(c) promote the domestic workers’ employment in occupational categories that match their education and skills

F. International Cooperation

60. Yes, we agree that the Recommendation provide that Members should be encouraged to continue improving protection of domestic workers, notably through cooperation at bilateral, regional and international levels