Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las trabajadoras y los trabajadores domésticos, 2011 (núm. 189) - Paraguay (Ratificación : 2013)

The Committee notes the observations of the Central Confederation of Workers Authentic (CUT-A), received on 27 August 2021. It further notes the observations made jointly by three domestic worker trade unions: the Union of Women Domestic Workers of Paraguay – Legitimate (SINTRADOP-L); the Union of Women Workers in Domestic Service of Paraguay (SINTRADESPY); and the Union of Women and Men Domestic and Allied Workers of Itapúa (SINTRADI), received on 31 August 2021. The Government is requested to provide its comments in this respect.

Article 2. Exclusions. Domestic workers who perform paramedical work. The Committee notes the information provided by the Government with respect to the criteria that distinguishes “carers of the sick, elderly or disabled”, who are considered domestic workers pursuant to section 3(2)(h) of Act No. 5.407/15, from workers who “perform both domestic work and specialized paramedical work of grooming, cleaning or caring for older adults and persons with disabilities and/or health problems” and are excluded from the application of the Act under its section 4(b). The Government indicates that workers excluded pursuant to section 4(b) will be covered under general contract law provisions. The Government refers to Note No. 629/2020 issued by the Ministry of Labour, Employment and Social Security (MTESS) and provides a copy of the report of the Department of Rehabilitation and Disability in this respect, which describes the tasks of therapists who have received specialized training, including first aid courses to enable them to handle emergency situations. The Government adds that the Department of Older Persons of the Social Welfare Institute, which under the Ministry of Public Health and Social Welfare defines paramedical tasks to include assisting patients in emergency situations, providing them with first aid and assisting with their transfer to an appropriate medical institution, depending upon their status. Noting the information provided by the Government on the definition of paramedical tasks, the Committee reiterates its request that the Government provide information on the application in practice of sections 3(2)(h) and 4(b) of Act No. 5.407/15. The Government is also requested to provide information on previous consultations held with the most representative employers’ and workers’ organizations concerning the exclusion set out in section 4(b) of Act No. 5.407.

Workers who perform their services independently and with their own supplies. The Committee reiterates its request that the Government provide detailed information in relation to the criteria by which it is determined that a domestic worker is considered to perform his or her services “independently”. The Committee further reiterates its request that the Government provide information concerning the specific labour regulations that govern such workers, and on their application in practice.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. In its observations, the CUT-A refers to section 24 of Act No. 5.407, which establishes the right of domestic workers and employers to form and join their own organizations, federations and confederations. The CUT-A maintains that, despite this provision, the Government has not taken measures to ensure the effective implementation of the right to collective bargaining. In this respect, the workers’ organization points to the absence of collective labour agreements in the domestic sector. The Committee also notes the joint observations of SINTRADOP-L, SINTRADESPY and SINTRADI, who indicate that the domestic worker organizations have not received support from the Government to effectively exercise their rights in respect of freedom of association and collective bargaining. In addition, the latter three organizations submit that they face difficulties, including complex procedures, in the process of gaining recognition of their status before the MTESS. The Committee requests the Government to provide information on measures taken or envisaged to ensure the effective application of Article 3 of the Convention, including provision of training to organizations of domestic workers and employers, as well as information on consultations held with the social partners in the domestic sector.

Articles 6 and 9. Freedom to reach an agreement with the employer or potential employer on whether to reside in the household. Travel and identity documents. The Committee notes the Government’s indication that section 6 of Act No. 5.407/15 establishes that domestic work may be arranged on a live-in or live-out basis, as may be agreed by the parties. With respect to live-in domestic workers, the Committee notes that section 12 of Law No. 5.407/15 provides that accommodation provided to the domestic worker must be private, furnished and hygienic. With respect to the domestic worker’s right to leave the employer’s household during periods of rest or leave, the Committee notes that section 8(a) of Act No. 5.407 establishes that any clause prohibiting a domestic worker from leaving the employer’s household shall be deemed null and void, whereas section 8(b) provides that clauses requiring the domestic worker to work during periods of daily or weekly rest or annual leave shall also be deemed null and void. Notwithstanding these provisions, the Committee recognises that the power imbalance that exists between the domestic employer and the domestic worker may impede the effective exercise by the domestic worker of the rights set out in Article 6 of the Convention. It thereforereiterates its request that the Government provide detailed information on measures adopted or envisaged to ensure in practice that domestic workers are free to reach agreement with their employer on whether or not to reside in the employer’s household and are not obliged to remain in the household or with household members during periods of daily or weekly rest or annual leave. In addition, the Committee once again requests the Government to provide detailed information on the measures envisaged or adopted to guarantee in practice that domestic workers who reside in the household for which they work enjoy decent living conditions that respect their privacy, as contemplated in paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 7. Information on terms and conditions of employment. The Government reports that the MTESS has developed and distributed informative pamphlets throughout the country providing clarifications concerning the terms and conditions of employment that may be included in domestic work contracts. It also refers to the model contract for part-time domestic work which is available on the MTESS website, and which contains these terms and conditions. The Committee once again notes that the model contracts for general and part-time domestic work on the MTESS website contain the elements set out in Article 7 of the Convention, with the exception of repatriation. The parties may add additional terms and conditions as agreed. The Government does not, however, provide information with respect to the manner in which it is ensured that domestic workers are informed in practice of their terms and conditions of employment, particularly the items set out in Article 7. In their joint observations, the SINTRADOP-L, SINTRADESPY and SINTRADI indicate that, despite section 7 of Act No. 5.407/15, which requires the domestic work contract to be in writing and for a copy of the contract to be provided to the worker, very few domestic workers receive a written contract in practice and very few contracts are registered with the MTESS. They add that information about their labour rights is difficult for domestic workers to obtain, except for that provided by the workers’ organizations themselves. the Labour Affairs Service (SAAL), through which MTESS officials inform domestic workers of their rights and obligations, is only present in the capital and while it provides advice nationwide, consists of a small team which is understaffed. Regional labour offices are not trained in the area of domestic work and lack inspectors. Ciudad Mujer, which provides labour assistance for women, is also only present in the central region of the country. The Committee notes that the Government has not provided information with respect to the number of employment contracts registered in the domestic work sector during the reporting period. The Committee requests the Government to provide additional updated information on the measures adopted or envisaged to ensure that domestic workers receive a written contract of employment and are informed of their terms and conditions of employment, including the conditions of repatriation, where applicable, in an appropriate, verifiable and easily understandable manner, particularly migrant domestic workers and those from disadvantaged communities, including indigenous and tribal communities and those in rural areas. The Committee also reiterates its request that the Government continue to provide statistical information on the number of employment contracts registered in the domestic work sector.

Article 12. Payments in kind. In its previous comments, the Committee noted the Government’s indication that the wages of domestic workers must be paid in cash and that section 231 of the Labour Code, which limits payments in kind to 30 per cent of wages, therefore does not apply to the domestic work sector. The Committee nevertheless noted the presumption in section 12 of Act No. 5.407/15, according to which the remuneration of domestic workers includes, in addition to cash wages, the provision of food and, for live-in domestic workers, also accommodation. Recalling paragraph 14(d) of the Domestic Worker Recommendation, 2011 (No. 201), the Committee requested the Government to amend section 12 of Act No. 5.407/15 to prohibit the deduction of any food and accommodation provided from the remuneration of domestic workers. Noting that the Government has provided no information in this respect, the Committee requests the Government to provide detailed information on measures taken or envisaged to ensure that domestic workers receive their remuneration in cash and that food and accommodation are not deducted from this remuneration.

Article 14. Conditions not less favourable than those applicable to workers generally in respect of social security protection, including maternity. In response to the Committee’s previous comments, the Government indicates that, according to information compiled by the National Institute of Statistics (INE), in 2021 there were 235,333 domestic workers in Paraguay, of which most – 219,314 – are women. It adds that the number of full-time domestic workers registered with the General Social Security System of the IPS has fallen from 18,893 to 10,134 in April 2021. The Government indicates that it has taken certain measures to promote registration of domestic workers in the social security system, including the adoption of the Integrated Strategy for the Formalization of Work, through Presidential Decree No. 816/2019, which seeks to promote formalization of domestic work through facilitating registration of domestic workers with the IPS. The Government adds that in 2019 it introduced Act No. 6339/2019 on the regulation of part-time work, which permits workers that work 16 to 32 hours per week and earn less than the national minimum wage to contribute to the social security system. The implementation of Act No. 6339/2019 has contained the decline in the numbers of domestic workers registered in the social security system as a result of the increase of the minimum wage, facilitating the registration of new domestic workers who work for multiple employers or work fixed hours and do not earn the legal minimum monthly wage. While the general full-time work model saw a decline of 31 per cent in the number of contributors registered, there was an increase of 27 per cent in the number of domestic workers registered under the part-time work model, as workers migrated from one model to the other. In their observations, SINTRADOP-L. SINTRADESPY and SINTRADI point out that domestic work is the most informal sector of the economy, noting that in the second trimester of 2021, of the 253,358 domestic workers only 5.3 per cent, or 13,512 workers had social security benefits, with most being employed under the part-time work model. The workers’ organizations add that these part-time workers, being limited to 16–32 working hours per week, will not be able to reach the required number of contributions (based on a 48-hour working week) to access retirement benefits. Nor does the part-time work model permit pro rata contributions, which are permitted, on the other hand, for domestic workers employed for a 48-hour week. With respect to maternity protection, the Government indicates that all working women, regardless of whether they work full-time or part-time, are entitled to maternity benefits. The workers’ organizations nevertheless note that the lack of access to social security for many domestic workers affects their ability to exercise their maternity and breastfeeding entitlements in practice. The Committee observes that despite efforts to extend the protection of the social security system to domestic workers, a significant portion of domestic workers remains in informal employment, lacking access to social security and enduring precarious working conditions. The Committee therefore requests the Government to continue to provide updated detailed information, including statistical data, on the nature and impact of measures taken to promote the registration of domestic workers with the social security system. It also requests the Government to indicate whether and how domestic workers are covered and eligible to old age, disability and survivors’ protection. The Government is further requested to provide information on the manner in which it is ensured that domestic workers employed under the part-time work model are able to enjoy access to social protection benefits upon reaching retirement age. Lastly, the Government is requested to continue to provide statistical data, disaggregated by form of employment, whether full or part-time, on the number of domestic workers registered with the social security system, as well as the number who contribute to the maternity benefit and have accessed these benefits.

Article 15. Private employment agencies. The Government reports that the National Strategy for the Prevention of Forced Labour (2021–24), adopted by MTESS Resolution No. 555/21, provides for the supervision of private employment agencies. The Committee notes, however, that the Government does not provide information in response to the Committee’s previous request. The Committee therefore reiterates its request that the Government provide detailed information on the conditions governing the operation of private employment agencies that employ or place domestic workers. In addition, the Committee reiterates its request that the Government indicate the measures adopted to ensure that adequate mechanisms and procedures are in place for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers. Lastly, the Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that fees charged by private employment agencies are not deducted directly or indirectly from the remuneration of domestic workers.

Article 16. Access to justice. The Government indicates that the remedies available to domestic workers include the right to file complaints before the Administrative Labour Authority, whose Department for the Social Promotion of Working Women, is charged with providing effective protection of the rights of women in the labour force. In addition, domestic workers may refer matters to the Office for the Mediation of Conflicts, under the auspices of the Department of Labour, which provides assistance for their resolution. The Government adds that any person, including domestic workers, who considers that his or her rights have been violated may also bring complaints to the Public Defence Ministry, which will provide them with assistance free of charge. The Public Defence Ministry has a team of public defenders who are specialized in labour law, and are distributed among 51 offices in all 17 departments across the country. The Government indicates that, as of June 2021, 92 domestic workers had received assistance from the public defenders with respect to labour complaints (86 women and 6 men). The Committee notes that most of the domestic workers who received assistance from the Public Defence Ministry were located in the capital, Asunción. It further notes that information referenced by the Government concerning the cases in which the public defenders provided assistance to domestic workers (Note D.G. No. 358 of 14 July 2021 of the Public Defense Ministry) was not received by the Office. The Committee reiterates its request that the Government continue providing detailed updated information on the measures taken or envisaged to ensure that domestic workers are aware of their labour rights and are aware of the administrative and judicial remedies available to them. In addition, the Committee requests the Government to continue to supply information on the number and type of complaints brought by domestic workers to the various administrative and judicial bodies, the outcome of such complaints, the penalties imposed on offenders where rights violations are found, and the compensation granted to the complainants, if any.

Article 17(1). Complaint mechanisms.The Committee reiterates its request that the Government continue to provide updated information on the different services provided to domestic workers by the Labour Affairs Service (SAAL). In particular, the Government is requested to provide information regarding the number of domestic workers to whom the SAAL provided advice during the reporting period, the number and type of complaints received by the SAAL involving domestic work, and the number of mediations held. The Government is also requested to provide information on measures taken to raise the awareness of domestic workers concerning the services provided by the SAAL and other complaints mechanisms, including through social media or other channels, such as radio or television broadcasts.

Article 17(2) and (3). Labour inspection and penalties. Access to the premises of the household. The Government reiterates its reference to section 16 of Act No. 5115/13, which establishes that the General Directorate of Labour Inspection and Supervision is the competent body for the inspection, surveillance and supervision of labour laws. It further reiterates that labour inspections in the domestic work sector are carried out upon the issuance of an Inspection Order issued by a competent judge, noting that article 34 of the National Constitution establishes the inviolability of private residences. The Committee notes that the Government does not provide information concerning the number of inspections carried out in the domestic sector, the number of violations and penalties imposed. It once again recalls that, in its 2018 report, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, drew attention to the lack of capacity in the labour inspectorate, noting that the inspectorate is centralized in the capital of Asunción and has only 25 inspectors for the entire country. The Special Rapporteur noted that this situation could leave workers highly vulnerable to exploitation, particularly in certain regions and sectors (A/HRC/ 39/52/Add.1, paragraph 35). In this context, the Committee recalls its 2023 Observation on the application of the Labour Inspection Convention, 1947 (No. 81), in which it noted with deep concern persistent issues regarding the insufficient numbers of labour inspectors and material means assigned to the labour inspectorate. The Committee reminds the Government once again of the need to strengthen labour inspection controls and to impose dissuasive administrative and criminal penalties and requests the Government to provide information on measures taken or envisaged to strengthen the labour inspection system, including measures to strengthen the capacity of labour inspectors in the area of domestic work, particularly with respect to child domestic work. Noting the complexity of carrying out labour inspections in the domestic work sector due to the inviolability of the home, the Committee once again reminds the Government that it may avail itself of ILO technical assistance. In addition, the Committee reiterates its request that the Government provide information on the number of inspections carried out in the domestic work sector, the number and type of violations detected, and the penalties imposed, if any.

Court decisions. The Committee notes the copy of the court decision provided by the Government in its report, concerning a pregnant domestic worker who was dismissed from employment during her pregnancy and subsequently reinstated in her employment by the court. The Committee requests the Government to continue to provide information, including extracts and copies of court decisions relevant to the application of the Convention.

Observations by the social partners. The Committee notes that in its observations, the CUT-A indicates that, while the Government should work in coordination with the social partners, it did not transmit its draft report on Paraguay’s application of the Convention to the CUT-A for its information and comments. The Committee once again requests the Government to provide information on the tripartite consultations held with the social partners on the implementation of the Convention, indicating the frequency and outcome of such consultations.