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

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

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.