E/C.12/GC/23
aware of their rights and unable to access grievance mechanisms. Undocumented workers
often fear reprisals from employers and eventual expulsion if they seek to complain about
working conditions. Laws and policies should ensure that migrant workers enjoy treatment
that is no less favourable than that of national workers in relation to remuneration and
conditions of work. Internal migrant workers are also vulnerable to exploitation and require
legislative and other measures to ensure their right to just and favourable conditions of
work;
(f)
Domestic workers: The vast majority of domestic workers are women. Many
belong to ethnic or national minorities or are migrants. They are often isolated and can be
exploited, harassed and, in some cases, notably those involving live-in domestic workers,
subject to slave-like conditions. They frequently do not have the right to join trade unions
or the freedom to communicate with others. Due to stereotyped perceptions, the skills
required for domestic work are undervalued; as a result, it is among the lowest paid
occupations. Domestic workers have the right to just and favourable conditions of work,41
including protection against abuse, harassment and violence, decent working conditions,
paid annual leave, normal working hours, daily and weekly rest on the basis of equality
with other workers, minimum wage coverage where this exists, remuneration established
without discrimination based on sex, and social security. Legislation should recognize these
rights for domestic workers and ensure adequate means of monitoring domestic work,
including through labour inspection, and the ability of domestic workers to complain and
seek remedies for violations;
(g)
Self-employed workers: Where unable to earn a sufficient income, such
workers should have access to appropriate support measures. Self-employed female
workers should benefit from maternity insurance on an equal basis with other workers. 42
Legislation on occupational health and safety should cover self-employed workers,
requiring them to undertake appropriate training programmes, and be aimed at raising their
awareness on the importance of rest, leisure and limitations on working time. Small-scale
farmers who rely on unpaid family labour to compensate for difficult working conditions
deserve particular attention;
(h)
Agricultural workers: Agricultural workers often face severe socioeconomic
disadvantages, forced labour, income insecurity and lack of access to basic services. At
times, they are formally excluded from industrial relations and social security systems.
Women agricultural workers, particularly on family farms, are often not recognized as
workers and therefore not entitled to wages and social protection, to join agricultural
cooperatives and to benefit from loans, credits and other measures to improve working
conditions. States parties should enact laws and policies to ensure that agricultural workers
enjoy treatment no less favourable than that enjoyed by other categories of workers;
(i)
Refugee workers: Because of their often precarious status, refugee workers
remain vulnerable to exploitation, discrimination and abuse in the workplace, may be less
well paid than nationals, and have longer working hours and more dangerous working
conditions. States parties should enact legislation enabling refugees to work and under
conditions no less favourable than for nationals;
(j)
Unpaid workers: Women work in activities that are significant for their
households and the national economy, and they spend twice as much time as men in unpaid
work. Unpaid workers, such as workers in the home or in family enterprises, volunteer
workers and unpaid interns, have remained beyond the coverage of ILO conventions and
41
42
See ILO Domestic Workers Convention, 2011 (No. 189), arts. 5, 6, 7, 10, 11, 13, 14, 16 and 17.
See Committee on the Elimination of Discrimination against Women, communication No. 36/2012,
Blok et al. v. The Netherlands, views adopted on 17 February 2014.
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