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Domestic Workers’ Rights: What the Law Says

She cooks, cleans, and raises other people’s children. She keeps entire households running. Yet for decades the law barely saw her. From nannies in Manila to caregivers in Madrid, more than 75 million people earn their living as domestic workers. This global guide explains what domestic workers rights look like under international law. Read it, share it, and claim the protection you deserve.

Domestic Workers’ Rights: What the Law Says
Lucy Nyangasi, a domestic worker, at work in Nairobi, Kenya. Photo via Wikimedia Commons.

Domestic work is real work. The world finally accepted this idea when the International Labour Organization adopted the Domestic Workers Convention, 2011 (No. 189). It is the first international treaty dedicated to the sector. Here is what the law says, in plain language.

The Landmark Law Behind Domestic Workers Rights

On 16 June 2011, the ILO adopted Convention 189. It entered into force on 5 September 2013. Since then, 40 countries have ratified it and written it into national law. Understanding domestic workers rights starts with this treaty. The treaty guarantees freedom of association. It protects workers from forced labour and violence, and extends the same basic labour protections other workers take for granted.

The ILO counts over 75 million domestic workers aged 15 and above worldwide. Women make up 76.2 per cent of them. Another 11.5 million are international migrants. Most still work in the informal economy. They have no written contracts and no clear terms. The Convention exists to close exactly this gap.

Contracts: Your First Line of Defence

Article 7 gives every domestic worker a simple right. Employers must explain the terms and conditions clearly — preferably in a written contract. Job duties, pay, hours, and rest days should appear in writing before work begins.

Migrant workers get extra protection. Anyone recruited across a border must receive a written job offer before leaving home. Workers keep their passports and identity documents themselves. No employer may hold them (Articles 8 and 9).

Around the world, the strongest domestic workers rights protections appear where written contracts are the norm. The Philippines’ Batas Kasambahay law pairs standard contracts with minimum-wage and social-security coverage. Nepal’s Labour Act 2017 formally recognises domestic workers as workers.

Wages, Hours, and the 24-Hour Rule

Article 11 extends minimum-wage coverage to domestic workers. It bans pay discrimination based on sex. Article 12 adds payment rules: employers must pay the worker directly, in cash, at least once a month.

On working time, the treaty demands equal treatment. Domestic workers deserve normal hours, overtime pay, daily and weekly rest, and paid annual leave — like everyone else. The headline rule is simple: weekly rest must last at least 24 consecutive hours (Article 10). Time spent on call for the household counts as working time, not free time. Yet domestic workers earn roughly half the average monthly wage of other wage earners (ILO).

For the wider picture, see our report on the global gender pay gap.

Rest, Leave, and Dignity at Home

No one can force you to live where you work. Moving into the employer’s household must be a mutual agreement. Live-out workers never have to stay at the house during rest or leave (Article 9).

Countries must also enforce a minimum age for domestic work. They must keep under-18 workers off night shifts and protect against abuse, harassment, and violence (Articles 4 and 5). Governments must also stop agencies from deducting fees from workers’ pay (Article 15).

Domestic Workers Rights: Why the Fight Is Far From Over

Forty ratifications mark real progress. Yet more than 60 million domestic workers still work informally, beyond the reach of the laws written for them. Implementation remains the hard part.

Still, the direction is clear. Trade unions and domestic-worker movements keep organising from South Africa to Peru. Every 16 June — International Domestic Workers’ Day — keeps the pressure on. To strengthen domestic workers rights further, ratification must lead to real enforcement. That means labour inspection, accessible complaint mechanisms, and affordable legal aid.

Know Your Rights: What You Can Do Today

Your country may not have ratified Convention 189. Its standards still work as a practical checklist.

  • Ask for a written contract before you start. Keep a signed copy.
  • Keep your own passport and identity documents. Never hand them over.
  • Record your hours, tasks, and pay dates in a notebook or on your phone.
  • Learn the minimum wage and the 24-hour weekly rest rule that applies to you.
  • Contact a domestic workers’ union or helpline if you face abuse or unpaid wages.

Putting domestic workers rights into daily practice begins with knowing they exist. Share this guide with someone who needs it. Knowledge is the first protection of all.

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