Domestic Workers’ Rights in Sri Lanka - Work Like Any Other, Work Like No Other: Need for a Legislative Intervention

Abstract

The phrase ‘work like any other, work like no other’ taken from the ILO Report on Domestic Workers is used in this paper in the context of domestic workers performing their work similar to other workers, but domestic workers are not protected by labour legislation, while other workers are protected. As the plight of the domestic workers has transformed from a domestic issue to global concern, the International Labour Organization (ILO) has adopted a Convention Concerning Decent Work for Domestic Workers (Convention No.189) on 16 June 2011. The Convention provides for working hours, minimum wages, overtime payment, daily and weekly rest, paid annual leave, social security, maternity protection, safe and healthy working environment, trade union rights and protection from all forms of abuse, harassment and violence. The Convention will come into force twelve months after the ratification of two members of the ILO. It is believed that Uruguay may ratify the Convention soon, and become the first member to ratify the Convention. However, as Sri Lanka is a state party to all important human rights conventions of the United Nations and core conventions of the ILO which protect the basic rights and interests of all workers, it has an obligation to protect the rights and interests of the domestic workers as well.