ILO Report 2014

Background

In March 2007, the ILO Governing Body decided to place an item on HIV/AIDS and the world of work on the agendas of the 98th and 99th Sessions of the ILC with a view to adopting an international labour standard in 2010. It was decided that the development of an international instrument on this issue was important in order to increase attention to the response to HIV and AIDS in, and through, the world of work at the national and international levels; to promote collaboration among workplace actors and those of other sectors in national responses to HIV/AIDS; and to increase the impact of the 2001 ILO Code of Practice on HIV/AIDS and the World of Work. At the 2009 ILC, delegates decided that the new instrument would take the form of a Recommendation.

The HIV and AIDS Recommendation, 2010 builds on the 2001 ILO Code of Practice on HIV/AIDS and the World of Work. Recommendation 200 is the first international labour standard for the protection of human rights at work for persons living with and affected by HIV and AIDS. By adopting this Recommendation, ILO tripartite constituents reaffirmed their commitment to address HIV and AIDS and related discrimination in the workplace.

This non-binding instrument calls for the development and adoption of national tripartite HIV workplace policies and programs through an inclusive dialogue process involving governments, organizations of employers and workers, as well as organizations representing persons living with HIV.

The Recommendation

The Recommendation is divided into six sections.

1. Part I defines the terms used in the Recommendation. It defines "worker" as "any person working under any form or arrangement" and workplace refers "to any place in which workers perform their activity".
2. Part II sets out the scope of application of the Recommendation as covering all workers and all workplaces, including interns and apprentices as well as armed forces and uniformed services. All sectors of the economy are covered, including the informal sector.
3. Part III outlines a number ofGeneral Principles that should be included in a national response to HIV and AIDS in the world of work. HIV and AIDS should be recognized as a workplace issue and an essential element of responses to the pandemic with full participation of workers' and employers' organizations. The response to HIV and AIDS should also be recognized as contributing to the realization of human rights and gender equality for all. Non discrimination, voluntary testing, as well as access to prevention, treatment, care and support services are also among the key principles outlined in Part III.
4. Part IV calls on ILO member States to develop and adopt national policies and programmes on HIV and AIDS in the workplace in consultation with social partners and organizations of persons living with HIV.

   • Discrimination and promotion of equality of opportunity and treatment

     Real or perceived HIV status should not prevent equal access to employment nor be a ground for termination of employment. Persons with HIV-related illness, with reasonable accommodation if necessary, should be able to continue to carry out their work, for as long as they are medically fit to do so. When general measures against discrimination in the workplace do not effectively protect workers against discrimination in relation to HIV and AIDS, existing measures should be adapted or new ones adopted. The Recommendation lists measures that should be taken in or through the workplace to reduce the transmission of HIV and alleviate its impact.

   • Prevention

     Prevention programs should ensure that all workers have access to accurate, up to date information on HIV and AIDS. Key elements include: comprehensive education programs to help men and women understand and reduce the risk of all modes of HIV transmission; effective occupational health and safety (OHS) measures; measures to encourage workers to know their own HIV status through voluntary counselling and testing; access to all means of prevention; and measures to reduce high-risk behaviors as well as harm reduction strategies.

   • Treatment and care

     All persons should have access to free or affordable health services including voluntary counselling and testing; antiretroviral treatment and adherence education; proper nutrition; treatment for opportunistic infections, sexually transmitted infections and HIV-related illnesses; and support and prevention programs for persons living with HIV, including psychosocial support.

     There should be no discrimination against workers on the basis of real or perceived HIV status in access to social security systems, occupational insurance schemes or in relation to benefits under those schemes.

   • Support

     Care and support programs should include measures of reasonable accommodation in the workplace for persons living with HIV, taking into consideration the episodic nature of HIV and AIDS as well as possible side effects of treatment. Member States should promote the work retention and recruitment of persons living with HIV. HIV and AIDS should also be recognized as an occupational disease where a direct link can be established between an occupation and the risk of infection.

   • Testing, privacy and confidentiality

     Testing programs must be genuinely voluntary and respect international guidelines on confidentiality, counselling and consent. The results of HIV testing should be confidential and not endanger access to jobs, job security or opportunities for advancement. Migrant workers should not be excluded from migration on the basis of real or perceived HIV status.

   • Occupational safety and health

     The working environment should be safe and healthy in order to prevent transmission of HIV in the workplace. Safety and health measures to prevent workers' exposure to HIV at work should include universal precautions, accident and hazard prevention measures, personal protective equipment and post-exposure prophylaxis and other safety measures. In occupations where there is a possibility of exposure, workers should receive education and training on modes of transmission and measures to prevent exposure and infection.

   • Children and young persons

     Member States should take measures to protect young workers against HIV infection, and to include the special needs of young persons in the response to HIV and AIDS in national policies and programs. Special measures should also be taken to protect children from sexual exploitation and child trafficking, especially in cases where the vulnerability of children is increased by the death or illness of caregivers due to AIDS.

5. Part V of the Recommendation deals with implementation. National policies and programs on HIV and AIDS in the workplace should be implemented through various means including national laws and regulations; collective agreements; national and workplace policies and programs of action; and sectoral strategies with particular attention to sectors in which workers are most at risk. Implementation should be based on cooperation between employers, workers and governments, with the active involvement at their workplace of persons living with HIV.

   Training, safety instructions and other types of guidance in the workplace related to HIV and AIDS should be provided in a clear and accessible form for all workers and be adapted to the characteristics of the workforce. The Recommendation notes that workers and their representatives should have the right to be informed and consulted on measures taken to implement workplace policies and programs related to HIV and AIDS and to participate in workplace inspections in accordance with national practice.

   With a view to ensuring an effective response to HIV and AIDS, the role of the labour administration services, including the labour inspectorate and relevant judicial authorities should be reviewed and, if necessary, strengthened. There should be domestic coordination among labour, social security and health policies and programs.

   International cooperation should also be encouraged between and among member States, their national structures on HIV and AIDS and relevant international organizations and should include information exchange on all measures taken to respond to the HIV pandemic.

6. Part VI of the Recommendation calls on ILO member States to monitor, in collaboration with the social partners, developments in relation to their national policy on HIV and AIDS and the world of work. Member States should collect detailed information, statistical data and conduct research on developments in relation to HIV and AIDS in the world of work.

Results of the report:

Canada is positively and extensively engaged in addressing the Recommendation's provisions. Many initiatives began well in advance of the adoption of the Recommendation in June 2010.

These measures are not implemented necessarily within a policy or program framework specific to HIV and AIDS and the world of work. Rather, they are embedded within broader frameworks of legislation, regulations, policies and practices which provide protection of human rights; access to prevention, treatment, care and support; promotion of equality of opportunity and treatment with respect to employment; and application of OHS measures to prevent occupational HIV transmission.

Canadian workers' and employers' organizations are actively engaged in initiatives addressing HIV issues in the workplace. The report highlights some of the activities undertaken by workers' organizations, including those focused on raising awareness and information sharing as well as those contributing to counter stigma associated with workers living with HIV and AIDS. The report also outlines examples of efforts undertaken by employers' organizations, such as the development of practical guidelines by associations of professionals in the healthcare sector as well as initiatives aimed at employment of workers living with HIV and AIDS.

Below are some of the highlights of the report on best practices:

Background

In March 2008, the ILO Governing Body decided to place the development of an instrument on domestic work on the ILC agenda. During the first ILC discussion on domestic work in 2010, the Conference agreed to develop a Convention on domestic work supplemented by a Recommendation.

Following two years of discussion, in June 2011, at its 100th Session, the ILC adopted the Domestic Workers Convention and Recommendation, also known as the Convention (No. 189) and Recommendation (No. 201) concerning Decent Work for Domestic Workers. The Convention is binding on member States that ratify it and came into force in September 2013.

The Domestic Workers Convention and Recommendation address the working and living conditions of domestic workers. The Convention sets out minimum standards in the following areas:  the basic rights of domestic workers; information on terms and conditions of employment; hours of work; remuneration; OHS; social security; private employment agencies; and dispute settlement, complaints and enforcement.

The Convention defines domestic work as "work performed in or for a household or households" [ Art.1 (a)], and domestic workers as "any person engaged in domestic work within an employment relationship" [ Art.1 (b)]. The Convention does not apply to those workers who perform domestic work only occasionally or sporadically [ Art. 1(c)].

The Domestic Workers Recommendation provides practical guidance concerning possible legal and other measures to implement the provisions of the Domestic Workers Convention.

According to ILO estimates, domestic work constitutes about 3.6 per cent of global wage employment, and at least 52.6 million people are employed as domestic workers, the majority of whom are women.

The Convention

• Articles 1 and 2 establish the definitions and scope of the instrument.
• Article 3 sets out obligations related to the promotion and protection of domestic workers' human rights. It also establishes obligations to respect, promote, and realize fundamental principles and rights at work.
• Article 4 deals with minimum age of employment requirements and the education of domestic workers between the ages of 15 and 18.
• Article 5 relates to the protection of domestic workers against all forms of abuse, harassment, and violence.
• Article 6 provides for fair terms of employment, and decent working and living conditions for domestic workers.
• Article 7 covers the obligation to ensure domestic workers are informed of their terms and conditions of employment, preferably in writing.
• Article 8 addresses requirements related to the recruitment of migrant domestic workers and their receipt of written job offers, or contracts of employment, prior to crossing national borders.
• Article 9 covers protections related to domestic workers' residence in the household where they are employed, including their entitlement to keep their travel and identity documents.
• Article 10 addresses hours of work, including overtime compensation, rest periods, paid leave, as well as periods when domestic workers remain at the disposal of the household to respond to possible calls.
• Articles 11 and 12 address remuneration, including minimum wage coverage, the payment of wages, and payments in kind.
• Articles 13 and 14 establish OHS and social security protections for domestic workers.
• Article 15 outlines measures to protect domestic workers recruited or placed by private employment agencies from potentially abusive practices.
• Articles 16 and 17 address dispute resolution mechanisms, as well as the implementation of complaint, labour inspection, and enforcement mechanisms.
• Article 18 relates to the implementation of the Convention, and Article 19 stipulates that the Convention does not affect more favourable provisions applicable to domestic workers under other international labour Conventions.
• Articles 20, 21, 22, 23, 24, 25, 26 and 27 contain the Convention's provisions regarding matters of ratification; entry into force; denunciation and revision of the Convention; and the equal authority of the English and French versions of the text.

The Recommendation

The Recommendation provides guidance on the implementation of the Convention. The Recommendation also references other international standards, including International Labour Conventions and Recommendations, and an ILO code of practice.

• Paragraph 1 stipulates that the provisions of the Recommendation supplement those of the Convention and should be considered in conjunction with them.
• Paragraph 2 outlines measures to ensure domestic workers' enjoyment of freedom of association and the effective recognition of the right to collective bargaining.
• Paragraphs 3 and 4 provide guidelines related to work-related medical testing and non-discrimination, including respect for the principle of confidentiality of personal data. The availability and distribution of public health information are also addressed.
• Paragraph 5 pertains to the identification, prohibition and elimination of types of domestic work harmful to children. Sub-paragraph 5(2) sets out measures to protect domestic workers under the age of 18 and above the minimum age of employment.
• Paragraph 6 addresses the terms and conditions of employment for domestic workers and includes provisions related to ensuring domestic workers understand their terms and conditions of employment; particular terms and conditions to be identified; and the establishment of model contracts of employment for domestic work.
• Paragraph 7 identifies mechanisms to protect domestic workers from abuse, harassment and violence.
• Paragraph 8 addresses the recording of hours of work and the provision of related guidance.
• Paragraph 9 deals with the regulation of the periods during which domestic workers remain at the disposal of the household in order to respond to possible calls, and night work.
• Paragraphs 10 and 11 cover periods of rest during the working day, weekly rest, and the accumulation of weekly rest.
• Paragraph 12 defines the grounds on which domestic workers may be required to work during rest periods.
• Paragraph 13 stipulates that time spent accompanying household members on holiday should not be counted as part of domestic workers' annual leave.
• Paragraphs 14, 15, and 16 address remuneration, including guidelines for payment in kind, the provision of written accounts of remuneration, payment upon termination of employment, and protection of domestic workers' claims in the event of the employer's insolvency or death.
• Paragraph 17 identifies what should be included in the provision of accommodation and food for domestic workers, for example, access to suitable sanitary facilities.
• Paragraph 18 relates to the termination of employment and the provision of a reasonable period of notice and time off for live-in domestic workers to seek new employment and accommodation.
• Paragraph 19 sets out measures that member States, in consultation with social partners, should take related to the OHS of domestic workers, including those to prevent injuries, diseases and deaths, the provision of an appropriate OHS inspection system, the collection and publication of statistics related to accidents and diseases related to domestic work, providing advice on OHS, and developing training and guidelines.
• Paragraph 20 addresses several measures that member States should consider, in accordance with national laws and regulations, related to domestic workers and social security, including those to facilitate the payment of social security contributions; and bilateral, regional or multilateral agreements to ensure equality of treatment, access to, and portability of social security entitlements for migrant domestic workers.
• Paragraph 21 sets out additional measures that member States should consider to effectively protect domestic workers, and migrant domestic workers, in particular. These measures include establishing a national hotline for domestic workers who need assistance.
• Paragraph 22 recommends that after consulting with the social partners, member States should consider specifying the conditions under which migrant domestic workers are entitled to repatriation at no cost.
• Paragraph 23 pertains to the promotion of private employment agencies' good practices related to domestic workers, taking into account the relevant ILO Convention and Recommendation.
• Paragraph 24 addresses the issue of national law and practice concerning respect for privacy and members' consideration of conditions when enforcement officials should be allowed to enter the premises where domestic work is carried out.
• Paragraph 25 recommends that member States establish policies and programs related to domestic workers' continued skill and qualification development, and work-life balance needs. It also addresses strengthening the capacity of national statistical offices to collect data on domestic work to support policy-making.
• Paragraph 26 addresses cooperation amongst members in the application of the Domestic Workers Convention and Recommendation. It recommends bilateral, regional, and global cooperation, especially in matters concerning the prevention of forced labour and trafficking in persons, for example. The paragraph also addresses enhanced assistance to give effect to the provisions of the Convention and provides recommendations in the context of diplomatic immunity.

Background

In the conclusions of a June 2011 general discussion on social protection at the ILC, the Conference Committee noted that there was a need for an ILO Recommendation complementing existing ILO standards that would provide flexible and meaningful guidance in building social protection floors within comprehensive social security systems tailored to national circumstances and levels of development. The Committee further noted that such a Recommendation should be promotional, gender-responsive and allow for flexible implementation to be applied by all member States using different methods and according to their own needs, resources and their time frame for progressive implementation.

The ILO Governing Body placed the development of this new international labour standard on the agenda of the 2012 ILC. When the instrument was put to a vote in the ILC Plenary on 14 June 2012, it was adopted unanimously.

Prior to the adoption of Recommendation 202, the most recent international social security standard was adopted by the ILC in 1988. The new Social Protection Floors Recommendation will be a useful tool for governments and social partners in developing and maintaining national legal frameworks, policies and programs for social protection.

The Recommendation

The Recommendation is divided into four sections.

1. Part I covers the Recommendation's objectives, scope and principles.

   The objective is to provide guidance on the establishment and maintenance (as applicable) of social protection floors as a fundamental element of national social security systems and to implement these within strategies for the extension of social security.

   Social protection floors are nationally defined sets of basic social security guarantees that secure protections aimed at preventing or alleviating poverty, vulnerability and social exclusion.

   Principles to be applied when establishing social protection floors include universality of protection; non-discrimination in application; entitlements prescribed in national law; adequacy and predictability of benefits; diversity of approaches in providing social protection; respect for the rights and dignity of persons covered by social security guarantees; financing which seeks to find an optimal balance between those who fund the social protection schemes with those who benefit from them; transparent, accountable and sound financial management and administration; high quality public services; efficient and accessible complaint and appeal mechanisms; involvement of the social partners and civil society; and regular monitoring and evaluation.

2. Part II addresses the components of national social protection floors. They are to comprise at least the following four sets of guarantees: essential health care including maternity care; basic income security at nationally defined minimum levels for children providing access to nutrition, education and care; basic income security for those in active age unable to earn sufficient income in the case of sickness, unemployment, maternity or disability; and basic income security for older persons.

   Basic social security guarantees should be established by law specifying the range, qualifying conditions and levels of benefits. There should also be impartial, transparent, effective, rapid and accessible complaint and appeal procedures.

   In designing basic social security guarantees member States should give consideration to the following: that persons in need of health care should not face hardship and increased risk of poverty due to the financial consequences of accessing health care; basic income security should allow for a life in dignity; and the levels of basic social security guarantees should be regularly reviewed with the participation of the social partners and other relevant organizations.

   The Recommendation provides information on how social security schemes could be structured, the types of benefits that could be included and how they could be financed.

3. Part III of the Recommendation provides guidance on how ILO member States could progressively build and maintain comprehensive and adequate social security systems coherent with national policy objectives.

4. Part IV addresses the issue of monitoring progress in implementing social protection floors, including through consultations and appropriate statistical analysis; information exchange of good practices, and protection of personal information.

Letters of Justice Canada Regarding the Appropriate Legislative Jurisdiction for the Instruments Adopted in June 2010, June 2011 and June 2012

Record of the Votes Regarding the Instruments Adopted by the International Labour Conference in 2010, 2011 and 2012