The government should improve social security and protection of domestic workers through legislation, urged the Independent Democracy of Informal Economy Association (IDEA) and Oxfam, stressing that they deserve the same rights granted to other workers, such as access to fair working conditions and healthcare.
The group called for the adoption of International Labor Organization (ILO) Convention 189 during a forum held in conjunction with International Domestic Workers’ Day, themed “Social Protection and Decent Work for Domestic Workers”, on June 15.
The forum presented an opportunity for direct dialogue between stakeholders and domestic workers, who highlighted challenges, insights and experience related to social protection policies and practices. They urged policymakers to develop measures and solutions.
Domestic workers are persons who work in an employer’s household. They perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to housekeeping, including cleaning and household maintenance. But, domestic workers are currently ineligible for National Social Security Fund (NSSF) schemes because they are not covered by the Cambodia Labour Law of 1997.
According to IDEA and Oxfam, domestic workers play an invaluable role in society, providing essential direct and indirect care services to private households. However, in many lower middle-income countries, effective social protection provision remains a key challenge, placing informal workers at risk of exclusion from social protection coverage.
Recognizing the importance of inclusive development, ILO, through the adoption of Convention 189, stated that domestic workers’ rights should be seen as equal to other workers who are entitled to decent work.
The informal economy accounts for more than half the global labour force, ILO said, which is “also a reality for Cambodia”. In a 2018 research, ILO estimated that income generation from approximately 240,000 domestic workers helped Cambodian households’ revenues, thus playing a part in poverty eradication.
Impose strict enforcement
During the event, domestic workers said they faced problems trying to take time off as they do not have annual leave like other employees. In addition, the employer deducts their salary if their service is terminated.
Yong Sreymom, head of the domestic workers’ group, said the network of domestic workers monitors and encourages them when faced with problems with their landlords.
She requested the Ministry of Labor and Vocational Training and other relevant parties to urge landlords to register their domestic workers with the NSSF.
“Some landlords do not issue NSSF cards, and their workers seem to have difficulty registering as self-employed,” she said during the forum.
Another participant at the forum, who asked not to be named, said she decided to apply for the NSSF card herself because the landlord she worked for was not willing to issue her an NSSF card.
She added that only if the government commits to address this issue can domestic workers legally obtain NSSF cards.
“I think that if the NSSF authority only notifies the homeowner, it won’t [compel] the homeowner [to do anything]. But if the government imposes strict enforcement on homeowners to do [NSSF] as well as inspect homes or companies [they will adhere],” the participant said.
Legalizing domestic workers
IDEA president Vorn Pao said associations and partner organizations have been calling for the government to ratify ILO Convention No. 189.
Despite the existence of legal documents and protocols, and limited implementation, some 75.8 million domestic workers worldwide, including Cambodia, still face exclusion from employment, employment protection, social security or social protection, and violation of basic rights.
Pao said they often face discrimination or harassment, economic exploitation, verbal abuse, gender-based violence and lack privacy. At the same time, the right to join unions is still limited, with some employers not aware of social protection or not registering domestic workers on the NSSF.
“The legal documents and regulations in some districts still lack concrete mechanisms for the effective implementation of the protection of domestic workers,” said Pao. “I also request the ILO to encourage member countries to ratify Convention No. 189 on Domestic Workers.”
The government should re-establish a roadmap for the ratification of Convention No. 189 to push homeowners with domestic workers to register them under the NSSF, and to conduct inspections on homeowners to check who has not registered their workers with the NSSF yet.
Citing the 2024 ILO report, Tan Visal, a representative of Oxfam, said domestic workers still do not have specific working hours, are not granted holidays and annual leave, and do not receive minimum wage, maternity leave, compensation, sick leave, as well as compensation for work-related accidents.
“I hope that the government will consider ratifying ILO Convention 189 soon for the common benefit of all domestic workers,” said Visal.
Similarly, Ou Tephalin, a representative of Social Protection for All (SP4ALL), said when the government ratifies the ILO Convention on Domestic Workers, workers will have the same rights as other workers. It will enable them to fulfill their tax obligations to the state, which will see to their needs in return.
When a state ensures the protection of benefits and employment rights, domestic workers will not have to worry about losing their jobs or benefits, because the state acts like a guardian.
“If domestic workers are fully registered, employers will have full protection, and taxes will be paid accordingly. The state has revenue, and the people are fully employed and protected,” said Phalin.
Only Philippines ratified ILO Convention
Kuch Somean, Secretary of State of the Ministry of Labor and Vocational Training, said they will review previous announcements to check the effectiveness.
He acknowledged that is great because the ministry will develop a new national policy, adding that the inputs from the forum will be studied as a priority to provide support to specific target groups.
“Domestic workers are one target group, but we have other target groups. We will study other social security packages that will be more flexible to respond to the situation,” Somean said.
ILO national project coordinator Van Vit mentioned that only the Philippines has ratified the ILO Conventions in Asia, while encouraging other countries to develop laws, policies and regulations that can improve the situation, and protect the rights and benefits of domestic workers.
“The ILO is supporting the development of new policies, and this new policy focuses on occupational safety, but also includes working conditions at home, domestic workers working abroad. For the private sector, we have also developed a code of ethics and code of conduct to protect the rights in compliance with Cambodian and international labor standards,” Vit said.
In 2017, the Labor and Vocational Training Ministry issued Notification No.336 on the registration of informal workers in the NSSF to ensure eligibility for the Health Equity Fund system so that they can receive additional allowance.
According to the Social Security Law, when a domestic worker goes to work at a place, it means that the person is already an employee. Thus, the employer should register them with NSSF. Those who fail to register NSSF means that the “employer is illegal”, suggesting that all parties discuss this issue and disseminate information widely.
