E/CN.4/2004/76
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origin and of destination, have taken steps to prevent illegal recruitment and abuses by
recruitment agencies. Some countries, such as Pakistan, have a system for monitoring the work
of recruitment agencies, which can only recruit subject to the authorization of the Ministry of
Employment after an embassy check on the employer’s credibility. Employers who have been
reported for not abiding by contracts or for committing abuses are put on a list, and are
prohibited from recruiting people from the country again.
3. Contract of employment and legal recognition of domestic work
51.
One of the factors contributing to the vulnerability of migrant domestic workers, to their
trafficking and to violations of their human rights is the absence of a written contract of
employment. Some women migrate without having signed any contract.18 Sometimes there is
just a verbal agreement between the employer and the recruitment agency. Even when the
country of destination requires a contract of employment in order to grant a visa, the workers do
not always receive a copy. Women migrating under such conditions often discover upon arrival
that they have been recruited for a different job from that agreed upon.
52.
Another situation that concerns the Special Rapporteur is the signing of contracts in the
country of employment in languages which the migrant domestic workers do not understand.
Through these contracts, some workers accept conditions which are detrimental to them. The
Special Rapporteur received information on cases of women who signed contracts stipulating
that they would not have the right to leave their employer’s house. Others signed contracts
which provided for fines in the event of their returning to their countries of origin before a given
period of time had elapsed.
53.
In many countries, domestic work is not governed by labour law or is explicitly excluded
from legislation on wages, working conditions, sexual harassment, etc.19 In some, migrant
domestic workers are regarded as temporary workers under the protection of their employers. In
both cases, even where there is a contract, it does not establish obligations for the parties.
54.
When there is no contract and/or the domestic work is not covered by some legislation on
labour rights, there is no legal basis for claiming rights and obtaining fair compensation in the
event of violations of working conditions, fair remuneration, pension, social security and health
insurance coverage and compensation in the event of unfair dismissal or sexual harassment.
Moreover, in the event of an accident at work or of illness, there is nothing to protect the migrant
against dismissal.
55.
Thus, many female migrant domestic workers tend to work in precarious and exploitative
conditions. When they are illegally within the country or their legal right to be there depends on
their employment relationship with their sponsors, these precarious conditions are compounded
by their vulnerability and defencelessness in the face of exploitative and unfair practices by
employers.20
56.
Unless the State keeps an eye on their circumstances, migrant domestic workers are
completely isolated and unprotected, and this increases their vulnerability to abuse and
violations.