Domestic Workers Convention, 2011 (No. 189) - Nicaragua (Ratification: 2013)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1(a) to (c) of the Convention. Definition of domestic work and domestic worker. The Committee notes the Government’s reply in which it indicates that “a person who performs domestic work only occasionally or sporadically without this work being a professional occupation is not considered a domestic worker”. Nevertheless, the Committee recalls the Government’s indication in its first report on the application of the Convention that section 145 of the Labour Code, as amended by Act No. 666 amending and supplementing Title VIII, Chapter I, of the Labour Code of the Republic of Nicaragua (hereinafter Act No. 666) defines domestic workers as persons who provide their own services in the household, home or dwelling of a person or family on a habitual or continuous basis, without the service provided directly generating any profit or business for the employer. This definition appears to exclude domestic workers who perform work outside the home, or who work only occasionally or sporadically. The Committee recalls that Article 1(a) of the Convention indicates that the term “domestic work” means work performed in or for a household or households, which includes work performed outside the household, such as work related to the care of children or other members of the employer’s family that is performed outside the household. The Committee once again recalls that the definition of domestic worker set out in Article 1 of the Convention only excludes persons who perform domestic work when it is not their occupation. The Committee once again draws the Government’s attention to the preparatory work for the Convention, in which it was emphasized that the clarification was included in this provision to ensure that day labourers and similar precarious workers are included in the definition of domestic worker (see Report IV(1), International Labour Conference, 100th Session, 2011, page 5). The Committee therefore requests the Government to provide updated information on the manner in which it is ensured that domestic workers who perform work for the household (although not necessary in the home), and occasional or sporadic workers who perform domestic work on an occupational basis are protected by the guarantees set out in the Convention. The Committee also requests the Government to consider the possibility of amending the legislation in force to ensure its compatibility with Article 1 of the Convention.

Article 3(2)(c). Abolition of child domestic labour. The Government indicates that, during the period between 2018 and the first quarter of 2023, 491 inspections were carried out during which cases of domestic work by young persons were detected, resulting in a total of 214 young workers being placed under protection (114 young men and 100 young women). The Government adds that, through labour inspections and the conclusion of undertakings with employers, it can be affirmed that the recruitment of child workers does not occur in Nicaragua. Nevertheless, the Committee observes that the Government’s report does not provide information on the content and impact of the undertakings signed with the employers of young domestic workers, nor on the specific results of the labour inspections carried out and the penalties imposed. The Committee therefore requests the Government to provide further information on the undertakings signed by employers of young domestic workers and their impact, taking into account the need to prevent cases of domestic work by minors in which the employer has not declared the worker or signed an undertaking. The Committee also requests the Government to provide detailed and updated information on the number of inspections carried out in households where domestic workers are employed, the number or percentage of those inspections that have identified cases of minors engaged in domestic work, the number of violations reported and the penalties imposed. The Committee also requests the Government to provide information on the measures taken when cases of child domestic work are detected to support the victims through access to education and vocational training and other services, and information on the measures adopted to prevent and prohibit child domestic work, and their impact.

Article 5. Abuse, harassment and violence. The Committee recalls that section 146 of the Labour Code, as amended by Act No. 666, provides that the corresponding labour inspection services, jointly with the Ministry of the Family, Youth and Children, shall undertake regular inspections of homes in which young persons perform domestic work, and that any humiliating treatment, discrimination or physical, psychological or sexual violence, duly proven by the Forensic Medicine Institute, which is committed by the employer, family members or persons who live in or visit the house, to the prejudice of a young worker, requires the respective departmental labour inspection services to order the administrative penalties within their competence and to inform the Ministry of the Family, Youth and Children with a view to the adoption of special protection measures for the victim and the filing of charges with the public prosecutor. However, the Government has not provided information on the protection measures that would be adopted in relation to adult domestic workers in the event of abuse, harassment or violence at the workplace. In this context, the Committee notes the information provided by the Government indicating that the Ministry of Labour received 1,360 complaints from men and women workers, of which 272 denounced ill-treatment and harassment at work relating to the failure to comply with the right to benefit from holidays, the non-payment of overtime hours, special leave and verbal dismissals. Nevertheless, the Committee notes that the statistical data provided does not indicate whether the complaints concerned the domestic work sector. Moreover, the complaints referred to by the Government do not appear to be related to Article 5 of the Convention. The Committee therefore once again requests the Government to provide detailed and updated information on the measures adopted with a view to ensuring that domestic workers, both adults and minors, benefit from effective protection against any form of abuse, harassment and violence, including information on the manner in which these measures take into account the special characteristics of domestic work, particularly in the case of migrant domestic workers who habitually live in the home of the employer, and on the impact of these measures. It also reiterates its request to the Government to provide statistical data, disaggregated by sex, on the number of complaints of harassment, abuse and violence in the context of domestic work, their outcome and the compensation granted.

Articles 6 and 17(2) and (3). Fair terms of employment and decent living conditions. Labour inspection. Access to household premises. The Committee notes that the Government has not provided specific information on the manner in which it ensures the conformity of the conditions of work of adult domestic workers, as Act No. 666 does not establish the requirement for employers of domestic adult workers to be subject to regular inspection by the departmental labour inspection services. The Committee also notes the information provided by the Government on the programmes for the updating, reinforcement and exchange of good practices for the investigation of workplaces. The Government also refers to the General Act on labour inspection, the General Guide on Labour Inspection and the Processes and Procedures Manual of the General Direction of Labour Inspection. However, the Government has not provided specific information on labour inspection in the context of domestic work. Recalling that, while Act No. 666 provides for regular inspections in houses where young persons perform work, it does not establish the requirement for employers of adult domestic workers to be subject to regular inspection by the departmental labour inspection services, the Committee once again requests the Government to indicate whether any type of monitoring has been or will be undertaken to ensure the conformity of the working conditions of adult domestic workers with the requirements of the national legislation. The Committee also reiterates its request to the Government to provide information on the specific measures adopted or envisaged with regard to labour inspection that take due account of the specific characteristics of domestic work, including information on the training received by labour inspectors, and statistical data on the number of inspections in the domestic work sector, the number of violations detected and the penalties imposed.

Article 7. Information on terms and conditions of employment. The Committee notes that the Government has not provided information on the measures adopted to give full effect to this Article of the Convention. The Committee therefore once again encourages the Government to adopt the necessary measures to ensure that domestic workers are informed of their conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws or collective agreements, which include all the elements set out in Article 7 of the Convention. In this context, the Committee once again invites the Government to take into consideration the possibility of developing a model employment contract for domestic work, in consultation with the most representative employers’ and workers’ organizations and the representative organizations of domestic workers and their employers, where such organizations exist.

Article 8. Migrant domestic workers. In response to the Committee’s previous comment, the Government indicates that, with reference to the repatriation process envisaged in Article 8(4) of the Convention, the Ministry of the Interior, through the General Direction of Care for Co-nationals, follows up the repatriation processes of co-nationals in an irregular situation, or who are exposed to risk, expulsion or deportation, to provide them with protection, assistance and support through the consular services of Nicaragua abroad. The Government adds that the Ministry of the Interior, through the General Direction of Migration and Foreign Nationals, documents the nationals who travel outside the country for various reasons, including for reasons of work. However, the Committee notes that the Government has not provided specific information on the manner in which effect is given to Article 8(1) and (3) of the Convention. Moreover, it has not provided information on the conditions under which migrant domestic workers are entitled to repatriation, as envisaged in Article 8(4).The Committee therefore once again requests the Government to take the necessary measures to ensure that Nicaraguan migrant domestic workers who are recruited in one country for domestic work in another receive a written job offer or contract of employment that is enforceable in the country in which the work is to be performed, which includes the terms and conditions of employment set out in Article 7 of the Convention, prior to crossing national borders for the purpose of taking up the domestic work to which the offer or contract applies (Article 8(1)). It also reiterates its request to the Government to take measures to cooperate with other States to ensure the effective application of the provisions of this Convention to migrant domestic workers (Article 8(3)). Finally, it once again requests the Government to provide specific information detailing the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of the employment contract for which they were recruited (Article 8(4)).

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Right of domestic workers to keep in their possession their travel and identity documents. With reference to the right of domestic workers to reach agreement with the employer on whether or not to reside at the workplace, the Government indicates that the Labour Code guarantees the freedom to agree contracts between workers and employers. Domestic workers are therefore free to accept or not the contract that is proposed. The Committee observes that the Government’s response does not appear to take into consideration the inequality that may exist between the employer and the domestic worker in terms of negotiating power, which may affect their freedom to conclude contracts. Moreover, the Government has not provided information on the measures adopted or envisaged to ensure that domestic workers who reside in the household where they work, including workers from other countries, are not obligated to remain in the household or with household members during periods of daily and weekly rest or annual leave, and that they are entitled to keep in their possession their travel and identity documents. The Committee urges the Government to provide detailed and updated information on the manner in which it is ensured that domestic workers are free to reach agreement with their employer on whether to reside in the household where they work and that workers who reside in the household, including workers from other countries, are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, and the measures adopted to ensure that domestic workers are entitled to keep in their possession their travel and identity documents, as provided in Article 9(c) of the Convention.

Article 10. Equality of treatment between domestic workers and workers generally in relation to normal hours of work. In reply to the Committee’s previous comment, the Government indicates that working hours and leave are agreed in the employment contract, whether it is oral or written, and are ascertained during inspections carried out when complaints are received. Nevertheless, the Government has not provided information on the legislative measures adopted to give full effect to Article 10 of the Convention. The Committee urges the Government to take the necessary measures to amend section 147 of the Labour Code with a view to guaranteeing equal conditions in terms of normal hours of work for domestic workers and workers generally. The Committee also once again requests the Government to provide information on the manner in which periods are regulated during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household so that these periods are regarded as hours of paid work.

Article 12(2). Payment in kind. The Committee notes the Government’s indication that section 146 of the Labour Code provides that the compensation of domestic workers includes, in addition to payment in cash, food of normal quality and the provision of accommodation in cases where the workers sleep in the house where they work. It adds that, for the payment of contributions, food and accommodation are taken into account at an estimated value equivalent to 50 per cent of the wages paid in money. The Government explains that, in addition to wages, domestic workers have to be guaranteed 50 per cent more in payment for the work performed. The Committee requests the Government to provide detailed information, including copies of case law or any other official document establishing the interpretation in practice of section 146 of the Labour Code.

Article 13. Right to a safe and healthy working environment. The Committee notes that the Government has not provided specific information on the manner in which effect is given to Article 13 of the Convention. It also notes the Government’s indication that scheduled inspections are not carried out in houses where domestic workers work to ensure that the employer is in compliance with the legal provisions respecting the occupational safety and health of those workers. The Committee therefore reiterates its request and urges the Government to provide specific information on whether the provisions of Title V of the Labour Code on health, occupational safety and occupational risks are applicable to domestic workers. The Committee also once again requests the Government to provide information on the measures adopted or envisaged with due regard for the specific characteristics of domestic work with a view to ensuring in practice the occupational safety and health of domestic workers.

Article 14, Social security. The Committee notes the statistics of the Nicaraguan Social Security Institute (INSS) provided by the Government. The statistics indicate that in March 2023 there were a total of 16,938 domestic workers employed in private households who were registered with the social security system (13,511 women and 3,427 men), while in December 2018 there were a total of 20,497 insured domestic workers (16,716 women and 3,781 men ), which represents a significant reduction of 3,599 persons (or 17 per cent fewer) in the number of domestic workers registered with the INSS. The Committee also notes that the Government has not provided information on the measures adopted or envisaged to promote the registration of domestic workers with the social security system. The Committee requests the Government to provide information on the causes of the fall between December 2018 and March 2023 in the number of domestic workers registered with the national social security system and on the measures adopted or envisaged with a view to promoting and encouraging the registration of these workers in the system. The Committee also requests the Government to provide statistical data, disaggregated by sex, on the total number of men and women domestic workers in the country, and on the number and percentage of Nicaraguan domestic workers registered with the social security system.

Article 15. Private employment agencies. The Committee notes that the Government has not provided information on the specific measures adopted or envisaged to provide adequate protection for and prevent abuses against domestic workers recruited or placed in Nicaragua by private employment agencies. The Government indicates that the national law makes no distinction between nationals of Nicaragua and foreign nationals who work in the country, who are protected by the General Act on inspection and through the administrative labour procedures that apply to all sectors of the national economy. With reference to mechanisms and procedures for the investigation of complaints by the labour inspection services, the Government indicates that the Ministry of Labour receives all complaints (whether they are verbal, written, anonymous or received over the telephone) and refers them to the corresponding departmental services for on-site inspection to investigate the facts and the persons affected and issue the corresponding administration decision in which it can set out the complaint and order the employer to remedy the violation. With reference to statistics on the number of violations identified and penalties imposed, the Government indicates that, between 2018 and the first quarter of 2023, some 83,576 labour inspections were carried out, with protection measures being ordered for 2,905 workers (1,862 men and 1,042 women), and a total of 210,613 violations were identified in various areas, including: working hours, rest periods, leave and holidays; wages; labour law and the employment contract; the right to social security; labour discipline; equality and non-discrimination; collective rights; and work by young persons. However, the Committee notes that the information provided by the Government appears to be of a general nature, and the statistics provided do not indicate whether or not they include workers in the domestic work sector. The Committee notes the Government’s indication that at all times it consulted the National Chamber of Medium and Small Industry and Artisans (CONAPI). However, the Government does not indicate whether consultations have been held with the most representative organizations of employers and workers on the implementation of the measures adopted to give effect in practice to each of the provisions of Article 15, as set out in paragraph 2 of the Article. Moreover, the Government has not provided information on the consultations held with the most representative organizations of employers and workers on the implementation of Article 15. The Committee requests the Government to continue providing detailed information on the specific measures adopted or envisaged for the provision in practice of effective protection and to prevent abusive practices against domestic workers recruited or placed in Nicaragua by private employment agencies. It also urges the Government to provide information on the consultations held with the most representative organizations of employers and workers, and with organizations representative of the domestic work sector, on the implementation of such measures. The Committee further requests the Government to continue providing disaggregated statistical data on the number and type of violations identified and the penalties imposed.

Article 16. Access to justice. In its reply to the Committee’s request, the Government provides information on the manner in which the process functions in practice of the receipt, verification and resolution of complaints of violations of the labour rights of domestic workers. The Government indicates that when workers come in from the domestic sector, they are directed to the Labour Guidance Department to be provided with guidance on their labour rights. In the case of active domestic workers reporting violations of their labour rights, the complaint is transferred to the Labour Inspection Department so that an inspection can be carried out and the facts ascertained. For workers whose employment relationship has already ended and the employer has not paid the corresponding social benefits, the case is transferred to the Department of Collective Bargaining and Conciliation, first to set in motion a conciliation process with the employer, under the responsibility of a conciliation lawyer who ensures that the labour rights of the worker are respected in compliance with the law. If no agreement is reached, the case is transferred to the Office of the Labour Defender for the allocation of a lawyer to assist the worker during the judicial procedure. The Committee requests the Government to provide disaggregated statistics indicating the number and type of cases referred to conciliation, or to a judicial procedure, and their outcome. It also requests the Government to provide copies of the decisions or rulings issued by the courts on questions of principle relating to the application of the provisions of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(c) of the Convention. Definition of domestic work and domestic worker. The Committee notes, in response to its previous comments, the Government’s indication that the labour legislation is applicable to all domestic workers, including occasional domestic workers. However, the Committee observes that section 145 of the Labour Code defines domestic workers as those who “perform household tasks for an individual or family in their home and in a regular and continuous manner, without the service provided directly generating any profit or business for the employer”. The Committee observes that the inclusion of the terms “regular and continuous” in the definition of domestic worker could give rise to interpretations under which workers who perform domestic work only occasionally or sporadically are not considered to be domestic workers. Consequently, the Committee requests the Government to adopt the necessary measures to amend section 145 of the Labour Code so that domestic workers who perform domestic work occasionally or sporadically, but on an occupational basis, are explicitly included in the definition of domestic work.

Article 3(2)(c). Abolition of child labour. In its previous comments, the Committee requested the Government to supply information on the measures adopted with a view to eliminating child labour in domestic work, including the number of inspections conducted in households where young persons are engaged in domestic work. The Committee notes the Government’s indication that 78 special inspections were conducted in households where young persons worked in 2017. However, the Committee observes that the Government has not specified which of these inspections were conducted in the domestic work sector. Nor does it indicate the sanctions imposed in cases in which domestic child labour was identified. The Committee also notes the Government’s indication that awareness-raising action has been carried out, which included the education of 1,807 young domestic workers in labour rights. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to guaranteeing in practice the abolition of child domestic labour. The Committee also requests the Government to provide updated information on the number of inspections conducted in homes where cases of child domestic labour are identified, their outcomes and the penalties imposed.

Article 5. Abuse, harassment and violence. In response to its previous comments, the Committee notes the Government’s indication that complaints of harassment, abuse or violence filed by domestics workers are dealt with by the General Labour Inspectorate by means of an immediate assistance, verification and resolution process. The Committee observes that under section 174 of the Penal Code perpetrators of sexual harassment incur a prison sentence of one to three years; and section 17(c) and (p) of the Labour Code establish the requirement for the employer to refrain from mistreating and prejudicing the dignity and decency of workers, and ensuring that workers are not victims of harassment or sexual blackmail. In this regard, the Committee refers to its 2014 comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it recalled the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and to establish adequate penalties for the offenders, whether they are employers or workers. The Committee refers to its comments on Convention No. 111, particularly those in which it once again requested the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that expressly covers both quid prod quo and hostile working environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides compensation for victims and penalties for offenders. The Committee also requests the Government to supply statistical information, disaggregated by sex, on the number of complaints of harassment, abuse and violence in the context of domestic work presented before the various competent bodies, their outcomes, the penalties imposed on the perpetrators and the compensation awarded.

Articles 6 and 17(2) and (3). Fair terms of employment and decent living conditions. Labour inspection. Access to household premises. In its previous comments, the Committee requested the Government to indicate whether any monitoring mechanism or procedure existed to ensure the conformity of the working conditions of adult domestic workers with the national legislation. The Committee also requested the Government to provide information on the manner in which effect is given to Article 17 of the Convention. The Committee notes the Government’s reference to the technical guide for labour inspection, which is the methodological tool used to conduct labour inspections. The Government indicates that the guide provides information to labour inspectors on the procedures to be followed to monitor compliance with labour legislation in the domestic work sector. The Committee requests the Government to provide information on the specific measures adopted or envisaged with regard to labour inspection that take due account of the specific characteristics of domestic work, including information on the training of labour inspectors and statistical information on the number of labour inspections in the sector, the number of violations detected and the penalties imposed.

Article 7. Information on terms and conditions of employment. In response to the Committee’s previous comments, the Government once again refers to section 24(b) of the Labour Code, which establishes that employment contracts for domestic work may be concluded verbally. The second subparagraph of this section provides that the employer must supply a written record within the first three days of employment containing the starting date of the employment relationship, the service to be provided or the work to be carried out and the agreed wages. The Government indicates that section 24 of the Labour Code does not deprive domestic workers of the rights arising out of the services they provide and labour legislation, as it is the employers’ responsibility to comply with these standards. However, the Committee observes that the written record does not include information on all of the elements set out in Article 7 of the Convention. In this respect, the Committee recalls that, under Article 7 of the Convention, each Member: “shall take measures to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws, regulations or collective agreements, in particular: (a) the name and address of the employer and of the worker; (b) the address of the usual workplace or workplaces; (c) the starting date and, where the contract is for a specified period of time, its duration; (d) the type of work to be performed; (e) the remuneration, method of calculation and periodicity of payments; (f) the normal hours of work; (g) paid annual leave, and daily and weekly rest periods; (h) the provision of food and accommodation, if applicable; (i) the period of probation or trial period, if applicable; (j) the terms of repatriation, if applicable; and (k) terms and conditions relating to the termination of employment, including any period of notice by either the domestic worker or the employer.” Lastly, the Committee notes the Government’s indication that programmes to promote and disseminate labour rights have been implemented at the national level as well as a free call centre that provides employment guidance to the whole population. The Committee encourages the Government to adopt the necessary measures to ensure that domestic workers are informed of their conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws or collective agreements, including at least all of the elements set out in Article 7 of the Convention. The Committee suggests that the Government might consider the possibility of developing a model employment contract for domestic work, in consultation with the most representative employers’ and workers’ and the representative organizations of domestic workers and their employers, where such organizations exist.

Article 8. Migrant domestic workers. In response to its previous comments, the Committee notes the Government’s indication that there is currently no treaty, agreement or procedure in place for the recruitment of Nicaraguan migrant domestic workers abroad. The Government adds that there is only a migration management procedure for Nicaraguan workers who emigrate to Costa Rica to engage in temporary work in the agricultural, agro-industrial and construction sectors. The Committee urges the Government to adopt the necessary measures to guarantee that Nicaraguan migrant domestic workers who are recruited in one country for domestic work in another receive a written job offer or contract of employment that is enforceable in the country in which the work is to be performed, addressing the terms and conditions of employment referred to in Article 7, prior to crossing national borders for the purpose of taking up the domestic work to which the offer or contract applies (Article 8(1)). The Committee also requests the Government to take measures to cooperate with other States to ensure the effective application of the provisions of this Convention to migrant domestic workers (Article 8(3)). Lastly, it requests the Government to indicate the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of the employment contract for which they were recruited (Article 8(4)).

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of travel and identity documents. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that domestic workers are free to reach an agreement with their employer on whether or not to reside in the household where they work. The Committee also requested the Government to provide information on the measures taken or envisaged to ensure that migrant domestic workers have the right to keep in their possession their travel and identity documents. In this regard, the Government indicates that migrant domestic workers who work outside the country are under the jurisdiction of the laws of the country in which they are working. The Government adds that there are no monitoring and enforcement mechanisms in place to guarantee the labour and migration rights of such workers. The Committee notes that the Government has not provided information on the measures adopted to guarantee that domestic workers are free to reach agreement with their employer on whether to reside in the household in which they work. The Committee reiterates its request to the Government to provide information on the measures taken to ensure that domestic workers are free to reach agreement with their employer on whether to reside in the household where they work. The Committee also requests the Government to indicate the measures adopted or envisaged to guarantee that those workers who reside in the household in which they work, including migrant workers from other countries, are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, and are entitled to keep in their possession their travel and identity documents.

Article 10. Equal treatment between domestic workers and workers generally in relation to normal hours of work. In its previous comments, the Committee requested the Government to provide information on the normal hours of work of adult domestic workers, overtime compensation and paid annual leave to ensure equal treatment between domestic workers and workers generally. It also requested the Government to provide information on how the applicable legislation regulates periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls, so that these periods are regarded as paid hours of work. The Committee notes the Government’s reference to section 51 of the Labour Code, which establishes for all workers a maximum working day of eight hours a day and 48 hours a week; a maximum night period of seven hours a day and 42 hours a week; and mixed day and night hours of seven-and-a-half hours a day and 45 hours a week. However, the Committee notes that section 147 of the Labour Code provides that domestic workers shall be entitled to an absolute minimum of 12 hours of daily rest, including a continuous period of eight hours at night. The Committee observes that this provision could be interpreted to mean that the maximum working day for domestic work is 12 hours, as domestic workers are only entitled to 12 hours of rest, rather than the maximum working day of eight hours for all other categories of workers. Regarding overtime compensation, the Government refers to section 62 of the Labour Code, which provides that “hours of overtime and those during which the worker works on a day of rest or compensation for any reason, shall be paid 100 per cent more than the agreed amount for the respective normal working day”. Lastly, the Committee observes that the Government has not indicated how it regulates periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household to respond to possible calls, so that these periods are regarded as hours of paid work. The Committee requests the Government to take the necessary measures to amend section 147 of the Labour Code to guarantee equal conditions in terms of normal hours of work between domestic workers and workers generally. The Committee also reiterates its request to the Government to provide information on how it regulates periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls, so that these periods shall be regarded as hours of paid work.

Article 12(2). Payment in kind. In response to the Committee’s previous comments, the Government refers to section 86 of the Labour Code, which prohibits payment in kind. The Government also indicates that the labour legislation recognizes domestic workers’ right to receive the minimum wage established by the minimum wage board along with quality food and a room, when the domestic worker sleeps in the house where he or she works. The Committee notes that section 146 of the Labour Code provides that “the remuneration of workers in domestic service comprises, in addition to the payment in money, quality food and the provision of a room, when the worker sleeps in the house in which he or she works. For the payment of benefits, food and accommodation provided to the domestic worker shall be taken into account with an estimated value equivalent to 50 per cent of the wages received in money.” In this regard, the Committee recalls that Paragraph 14(d) of the Domestic Workers Recommendation, 2011 (No. 201), provides that “when provision is made for the payment in kind of a limited proportion of remuneration, Members should consider ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. The Committee requests the Government to take the necessary steps to amend section 146 of the Labour Code with a view to ensuring that, when a domestic worker is required to live in the employer’s household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker.

Article 13. Right to a safe and healthy working environment. In its previous comments, the Committee requested the Government to indicate whether the provisions of Title V of the Labour Code on occupational safety and health and occupational risks are applicable to domestic workers. It also requested the Government to indicate the measures adopted, with due regard for the specific characteristics of domestic work, to ensure the occupational safety and health of domestic workers. The Committee notes the Government’s indication that the employer is required to register the domestic worker with the social security system and, in the case of non-compliance, shall assume responsibility for any common illness of the domestic worker contracted as a result of contact with the employer or persons living in the house. However, the Committee notes that the Government has not indicated whether the provisions of Title V of the Labour Code are applicable to the domestic work sector. The Committee therefore reiterates its request to the Government to indicate whether the provisions of Title V of the Labour Code on occupational safety and health and occupational risks are applicable to domestic workers. The Committee also once again requests the Government to provide information on the measures adopted or envisaged, with due regard for the specific characteristics of domestic work, to ensure the occupational safety and health of domestic workers.

Article 14. Social security. The Committee notes the Government’s reiteration that, under the Labour Code, employers are required to register domestic workers with the social security scheme. The Government reports that, since 2012, the Nicaraguan Social Security Institute (INSS), through the General Directorate of Registration, has developed technical advice and assistance plans for domestic workers with the aim of guaranteeing their inclusion in the compulsory social security scheme to ensure that those workers and their family units are protected against the social contingencies of invalidity, old age, death, occupational risks, sickness and maternity. The Committee also notes with interest the various measures adopted to: promote the registration of domestic workers in the social security scheme, such as visits to homes to verify and/or properly enrol domestic workers in social security; guidance and education for domestic workers and their employers regarding the requirements and rights of social security; simplification of the monthly wage reporting process that the employer must undertake for the monthly payment of worker–employer contributions; and the promotion and delivery of insurance and benefit cards for domestic workers, which can be presented to health-care institutions to receive health care or claim maternity allowance. The Government indicates that, as a result of such actions, the number of insured domestic workers increased from 4,666 in December 2011 to 27,221 in May 2018. The Committee requests the Government to continue providing detailed information on the measures adopted with a view to promoting the registration of domestic workers in the social security system. The Committee also requests the Government to continue supplying statistical information, disaggregated by sex, on the number of domestic workers registered with the social security scheme.

Article 15. Private employment agencies. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to provide adequate protection for, and prevent abuses against, domestic workers recruited or placed in Nicaragua by private employment agencies. It also requested the Government to supply information on the consultations held with the most representative organizations of employers and workers with regard to the implementation of measures envisaged to protect domestic workers recruited or placed by private employment agencies against abusive practices. The Committee also requested the Government to indicate whether any mechanism or procedure for the investigation of complaints has been established by the Departmental Labour Inspectorate for reporting fraudulent practices by employment agencies, and to describe the operation of such a mechanism in practice. Lastly, the Committee requested the Government to provide information on the number of offences detected and other penalties imposed. In this regard, the Committee notes the Government’s general indication in its report that labour inspections are conducted in the various private employment agencies in collaboration with the Employment Directorate and the General Labour Inspectorate in order to prevent wrongdoing and abuses by private employment agencies. The Committee therefore reiterates its request to the Government to provide information on the measures taken or contemplated to provide adequate protection in practice for, and prevent abuses against, domestic workers recruited or placed in Nicaragua by private employment agencies. It also reiterates its request to the Government to supply information on the consultations held with the most representative organizations of employers and workers with regard to the implementation of such measures. It also reiterates its request to the Government to indicate whether any mechanism or procedures for the investigation of complaints have been established by the Departmental Labour Inspectorate for reporting fraudulent practices by employment agencies, and to describe the operation of such a mechanism in practice. Lastly, the Committee once again requests the Government to provide statistical information on the number of offences detected and penalties imposed.

Article 16. Access to the justice system. In response to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour has established an immediate assistance, verification and resolution process for complaints of violations of the labour rights of domestic workers. The Government indicates that through this procedure assistance is provided to domestic workers during the inspection, conciliation and judicial process. The Committee requests the Government to provide detailed information on how this process functions in practice.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(c) of the Convention. Definition of domestic work and domestic worker. In its first report, the Government indicates that section 145 of the Labour Code, as amended by Act No. 666 establishing reforms and additions to Chapter I of Title VIII of the Labour Code of Nicaragua (Act No. 666) defines domestic workers as persons who provide their own services in the household, home or dwelling of a person or family “on a habitual or continuous basis”. The Committee notes that this definition appears to exclude domestic workers who work sporadically. In this regard, the Committee recalls that the definition of domestic worker established in Article 1 of the Convention only excludes sporadic workers when the domestic work they perform is not on an occupational basis. The Committee draws the Government’s attention to the preparatory work on the Convention, in which it was emphasized that the clarification referred to above was included in this provision to ensure that day labourers and similar precarious workers remain included in the definition of domestic worker (see Report IV(1), International Labour Conference, 100th Session, 2011, page 5). The Committee requests the Government to indicate the manner in which it is ensured that persons who perform domestic work occasionally or sporadically but on an occupational basis are protected by the guarantees provided for in the Convention.

Article 3(2)(c). Abolition of child labour. The Committee notes that article 84 of the Constitution prohibits the engagement of young persons in work likely to affect their normal development or their compulsory school attendance. It also notes that sections 73–75 of the Children and Young Persons Code prohibit work by children under 14 years of age, in unhealthy places which pose a risk to the life, health or physical integrity of young persons. The Committee refers to its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Minimum Age Convention, 1973 (No. 138), in particular with regard to inspections conducted in premises where children and young persons work as domestic employees. The Committee requests the Government to provide information on the range of measures taken to ensure the effective promotion and protection of domestic workers by abolishing child labour, including the number of inspections conducted in households where young persons are engaged in domestic work, the number of offences reported and the penalties imposed.

Article 5. Abuse, harassment and violence. The Government indicates that section 146 of the Labour Code, as amended by Act No. 666, establishes with regard to young domestic workers that any humiliating treatment, act of discrimination or violence, duly verified by the Institute of Legal Medicine, which is committed by the employer against a young person shall require the corresponding Departmental Labour Inspectorate to apply the administrative penalties within its competence and inform the Ministry for the Family, Young Persons and Children with a view to the adoption of special protective measures for the victims and the submission of the respective complaint to the Public Prosecutor’s Office. However, the Government does not provide any information on the measures to be applied in relation to adult domestic workers. The Committee requests the Government to provide information on the measures taken by the Government in this respect and to specify the legislation whose purpose is to ensure that adult domestic workers enjoy protection against abuse, harassment and violence at work.

Article 6. Fair terms of employment and decent living conditions. The Committee notes that the Government does not provide any specific information on the application of this Article. The Government indicates that section 146 of the Labour Code, as amended, provides that remuneration for domestic workers shall include, in addition to cash payments, the provision of sufficient good-quality food and a room if the worker resides in the house where he/she works. Section 147 of the Labour Code provides for minimum daily rest of 12 hours for domestic workers, including at least eight hours at night, and one rest day for every six days of uninterrupted work. The Committee notes that although Act No. 666 provides for regular inspections in houses where young persons provide their services, the Act does not lay down any obligation for the employers of adult domestic workers to undergo periodic inspection by the Departmental Labour Inspectorate. The Committee requests the Government to indicate whether any type of monitoring is being planned or implemented to ensure the conformity of working conditions for adult domestic workers with the national legislation.

Article 7. Information on terms and conditions of employment. The Committee notes the particulars which, under the terms of section 20 of the Labour Code, must appear in a written employment contract. However, it notes that section 24 of the Labour Code provides that, for domestic work, employment contracts may be concluded verbally and, if so, the employer must provide the worker within the first three days of work with a certificate indicating the start date of the employment relationship, the services to be provided or the work to be performed, and the wages that have been fixed. This certificate is considered sufficient to demonstrate the existence of an employment relationship. In this regard, the Committee notes that the certificate that the employer must give to the worker does not include all the particulars referred to in section 20 of the Labour Code. The Committee recalls that Article 7 of the Convention provides that each Member shall take measures to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts. The Committee requests the Government to provide information on the measures taken to give full effect to Article 7 of the Convention.

Article 8. Migrant domestic workers. The Government indicates that the Ministry of Labour, through the Department of Labour Migration, establishes procedures for the recruitment of female temporary workers originating from Costa Rica on the basis of the bilateral agreement between Nicaragua and Costa Rica signed in December 2007. However, the Government explains that this agreement excludes domestic workers because they were reportedly opposed to being included as a group in an agreement of this kind, in view of the particular features of their recruitment. The Committee requests the Government to provide detailed information on the measures taken or contemplated to ensure compliance with Article 8(1) of the Convention, and also on any bilateral, regional or multilateral agreements that apply to domestic work. In view of the fact that a large proportion of Nicaraguan migrant women are employed as domestic workers in Costa Rica, the Committee requests the Government to describe the specific measures taken to ensure that the latter can obtain consular assistance, if necessary, and that they know their labour rights. The Committee also requests the Government to explain how effect is given to the Convention in cases where an intermediary organization handles the recruitment of domestic workers and to indicate the measures taken or contemplated by the Government to protect Nicaraguan female migrant workers in a foreign country. The Committee further requests the Government to provide information on the measures taken or contemplated to ensure compliance with Article 8(4) of the Convention concerning the right to repatriation on the expiry or termination of the employment contract.

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of travel and identity documents. The Committee notes that the Labour Code, as amended, does not specify whether domestic workers are free to reach agreement with their employer or potential employer on whether or not to reside in the household where they work. Furthermore, it notes that the legislation does not establish the right of domestic workers to keep their travel and identity documents in their possession. The Committee requests the Government to provide information on the measures taken to ensure that domestic workers are free to reach agreement with their employer on whether or not to reside in the household where they work. The Committee also requests the Government to provide information on the measures taken or contemplated to ensure that migrant domestic workers have the right to keep their travel and identity documents in their possession.

Article 10. Equal treatment between domestic workers and workers generally in relation to normal hours of work. The Committee notes that Act No. 666 establishes normal hours of work only with respect to young workers. However, section 147 of the Labour Code complements this by adding that domestic workers are entitled to an absolute minimum of 12 hours’ daily rest, including a continuous period of eight hours at night, subject to the exceptions established in the Labour Code. As regards overtime, the Committee notes that this is not regulated by Act No. 666 and so section 62 of the Labour Code would apply. As regards annual leave, the legislation applicable to domestic workers does not contain any specific provisions in this regard, but section 76 of the Labour Code provides for 15 days of continuous paid rest for every six months of continuous service for the same employer. Lastly, the Committee notes that Act No. 666 does not regulate the periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household. However, section 49 of the Labour Code, which applies in general terms, establishes that the working day must be considered as starting at the time when the workers arrive at the place of work or the place where they receive orders or instructions relating to the work to be done during the day, and ending at the time when the workers are free to dispose of their time as they please. The Committee requests the Government to provide information on normal hours of work for adult domestic workers, overtime compensation and paid annual leave to ensure equal treatment between domestic workers and workers generally. It also requests the Government to provide information on how the applicable legislation regulates periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls, in such a way that these periods shall be regarded as paid hours of work.

Article 12(2). Payment in kind. The Committee observes that section 149 of the Labour Code, as amended, prohibits payments in kind. Section 146 of the Labour Code provides that remuneration for domestic workers shall include, in addition to cash payments, the provision of sufficient good-quality food and a room if the worker resides in the house where he/she works. However, the second paragraph of section 146 of the Labour Code provides that, to establish the basis for calculating payments for services, account shall also be taken of food and lodging provided, with a value equivalent to 50 per cent of the wages received in cash. The Committee requests the Government to provide information on the measures taken to ensure that payments in kind are agreed to by the worker, are for the personal use and benefit of the worker, and that the monetary value attributed to them is fair and reasonable. The Committee also requests the Government to indicate whether specific measures have been taken to ensure that the calculation of food and lodging is in conformity with Article 12 of the Convention.

Article 13. Right to a safe and healthy working environment. The Government indicates in its report that effect is given to Article 13(1) and (2) of the Convention by Act No. 666. However, the Committee notes that the Labour Code, as amended, does not refer to safety and health at work, except for the general reference in section 150 of the Labour Code to “special health programmes”. In addition, it notes that section 17(q) of the Labour Code stipulates that employers are obliged to provide free lodging for workers when, as a result of the nature of the work or because of requirements imposed by the employer, workers are required to remain at the workplace, while Title V of the Labour Code regulates occupational health and hygiene and occupational risks. The Committee also notes that, under section 101 of the Labour Code, employers are obliged to adopt minimum measures regarding occupational hygiene and accident prevention, training and protection services. The Committee requests the Government to provide information on the application of Title V of the Labour Code, indicating whether this applies to domestic workers, and on the measures it intends to adopt, with due regard for the specific characteristics of domestic work, to ensure the occupational safety and health of domestic workers. The Committee also requests the Government to provide information on the measures taken or contemplated to ensure that full effect is given to Article 13.

Article 14. Social security. The Committee notes that article 74 of the Constitution provides for special protection for women during pregnancy, the right to paid leave and adequate social security benefits, and prohibits dismissal during pregnancy and the post-natal period. Article 78 of the Constitution establishes maternity and paternity protection, while article 82(7) of the Constitution establishes the right of workers to social security coverage in relation to invalidity, old age, occupational risks, sickness and maternity. In addition, section 150 of the Labour Code, as amended, lays the obligation on the employer to affiliate domestic workers to the social security scheme, whereupon they are entitled to social security benefits and special health programmes. Lastly, the Committee notes that the Social Security Act (No. 539 of 12 May 2005) includes domestic workers in its scope of application (section 5), so that they appear to be covered for the same social security benefits as other workers (old age, invalidity, death, health, occupational risks). The Committee requests the Government to indicate the manner in which it is ensured that domestic workers, including those who work for multiple employers, enjoy conditions that are not less favourable than those applicable to workers generally in respect of social security protection and to specify the benefits to which they are entitled and the applicable legislative provisions. The Committee also requests the Government to indicate the manner in which it ensures the application in practice of the abovementioned provisions and to supply statistics on the number of domestic workers who are affiliated to the social security scheme.

Article 15. Private employment agencies. The Government indicates that private employment agencies are regulated by Ministerial Decision JCHG-004-04-07 (the Decision). Under the terms of the Decision, it is the Ministry of Labour which is responsible for supervising and regulating the operation of private employment agencies concerned with arranging job placements for workers and employers (section 1). The Committee notes that, according to section 19 of the Decision relating to appropriate mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices, it is the Departmental Labour Inspectorate which is responsible for enforcing the Decision. Section 15 of the Decision imposes the obligation on private employment agencies to send a statistical report every month to the Directorate of Employment and Wages or to the corresponding Departmental Office of the Ministry of Labour. Lastly, section 7 of the Decision prohibits private agencies from demanding any kind of direct or indirect payment or imposing any kind of fees or charges. The Committee requests the Government to provide information on the measures taken or contemplated to provide adequate protection for, and prevent abuses against, domestic workers recruited or placed in Nicaragua by private employment agencies. It also requests the Government to supply information on consultations with the most representative organizations of employers and workers with regard to the implementation of measures provided for in Article 15 of the Convention to protect domestic workers recruited or placed by private employment agencies against abusive practices. In addition, the Committee requests the Government to indicate whether any mechanism or procedure for the investigation of complaints has been established by the Departmental Labour Inspectorate for reporting fraudulent practices by employment agencies, and to describe the operation of such a mechanism in practice. Lastly, the Committee requests the Government to provide information on the number of offences identified and other penalties imposed.

Article 16. Access to the justice system. The Government indicates in its report that all workers, including domestic workers, have effective access to labour tribunals, administrative channels and inspection services attached to the Ministry of Labour, either in person or through a representative. The Committee requests the Government to specify the different resources to which domestic workers have access and to indicate the measures it has taken to facilitate access to the justice system for domestic workers, including information and awareness-raising campaigns.

Article 17. Access to household premises. The Government does not specify any arrangements whereby the labour inspectorate has access to household premises, except for periodic inspections relating to the working conditions of young domestic workers (section 146 of the Labour Code). The Committee notes that, under section 22 of Act No. 664 (General Labour Inspection Act), labour inspectors may carry out inspections at any time of the day or night without prior warning, during the working day established by the workplace or in respect of any establishment or premises which can reasonably be supposed to be liable to inspection, in order to ensure the due application of the labour legislation. At the same time, the Committee notes that under article 26 of the Constitution, every person has the right to the inviolability of his/her home. The Committee requests the Government to provide information on the manner in which effect is given to Article 17 of the Convention.

Court decisions. The Committee requests the Government to provide examples of court decisions handed down on the basis of Act No. 666.

Observations from the social partners. The Committee observes that the Government’s report does not contain any information in this respect. The Committee requests the Government to provide information on any observations made by, or discussions held with, the social partners regarding the implementation of the Convention.