Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Domestic Workers Convention, 2011 (No. 189) - Antigua and Barbuda (Ratification: 2021)

The Committee welcomes the information provided in the Government’s first report. The Committee notes the observations of the Antigua and Barbuda Domestic Workers Association, (ABDWA), received on 19 October 2023. The Government is requested to provide its response thereto.

Articles 1 and 2. Definitions of domestic work and domestic worker. Exclusions. The Committee welcomes the information provided in the Government’s report. The Government indicates that the terms “domestic work” and “domestic worker” are not defined in national legislation, collective agreements, or court decisions. The Government adds that domestic workers are subject to the same laws as other workers. In its observations, the ABDWA indicates that the Labour Code of Antigua and Barbuda (Section A5) is interpreted to include domestic workers, unless otherwise indicated in certain provisions or parts of the Code, and that domestic workers are categorized as workers “like all other workers in Antigua and Barbuda”. The ABDWA adds, however, that while this legal recognition is important, the experience of many domestic workers differs from that of most other workers in the formal sector In this context, the Committee recalls that, to ensure effective protection of the rights of domestic workers, the relevant legislation should ensure clarity with respect to legal terminology, the definition of terms and the scope of the specific laws and regulations governing domestic work” (2022 General Survey on Securing Decent Work for Nursing Personnel and Domestic Workers: Key Actors in the Care Economy, para. 555). The Government further indicates that persons who perform domestic work occasionally or sporadically, but who do so on an occupational basis, are covered by the guarantees established in the Convention. It indicates that work permit applications are scrutinized and that employees are interviewed to ensure that job offers provide for the guarantees contemplated in the Convention, noting that domestic work contracts must be in line with both the Antigua and Barbuda Labour Code and the provisions of the Convention. The Committee nevertheless notes that the Government does not provide details on the authority responsible for ensuring that job offers are in conformity with the provisions of the Labour Code, nor does it indicate the manner in which the rights of domestic workers who are nationals of Antigua and Barbuda and do not require work permits, are ensured. With respect to exclusions from coverage under the Convention, the Government refers to “general workers” as categories of workers who are offered at least equivalent protection, citing the definition of the term “employees” provided under section A5 of the Antigua and Barbuda Labour Code. It indicates that this term includes “any person who enters into or works under or stands ready to enter into or work under a contract with an employer, personally to perform any services or labour whether the contract be oral or written, expressed or implied”. It adds that the term “general workers” does not include established employees of the Government, who enjoy protections afforded under other legislation and agreements. The Government indicates that a collective agreement is being developed for domestic workers which will be provided to the Antigua and Barbuda Employers’ Federation. Taking note of the special characteristics of domestic work, the Committee invites the Government to consider developing definitions of the terms “domestic work” and “domestic worker” to be included in national legislation and which are aligned with Article 1 (a) and (b) of the Convention. The Committee also requests the Government to provide additional practical information on the manner and extent to which effect is given to subsection (c) of Article 1 of the Convention in both law and practice.The Committee requests the Government to provide information on the status of the collective agreement being developed for domestic workers, as well as on consultations held with the social partners in relation to the development of the agreement and to provide a copy once it is available.

Article 3(2)(a). Freedom of association and effective recognition of the right to collectively bargain. The Government reports that the freedom of association and collective bargaining rights of domestic workers are protected under national law in the same manner as other workers, referencing the Antigua and Barbuda Labour Code and the Labour Commissioner Act, as amended. In addition, the Committee notes that freedom of association and collective bargaining rights are guaranteed pursuant to section 13(1) of the Antigua and Barbuda Constitutional Order, 1981. The Government indicates that the Antigua Trades and Labour Union (AT&LU) represents domestic workers. In its observations, the ABDWA states that it is fairly easy, administratively, for domestic workers to form an association, but that there is significant fear among domestic workers of discrimination and victimization from their employers if they learn that their workers belong to such an organization. The ABDWA observes that there is no collective bargaining in the domestic work sector in practice, due to the particular characteristics of the domestic employment relationship, which is typically between an individual domestic worker and an individual employer, or between an individual domestic worker and multiple domestic employers. The ABDWA adds that individual negotiations are typical in the domestic work sector, and vary depending upon the employer. The ABDWA suggests that the Government could conduct a public awareness campaign to encourage the formation of an association of employers of domestic workers and promote collective bargaining in the domestic work sector in practice. The Committee requests the Government to provide updated information on the measures taken or envisaged to ensure the effective exercise by domestic workers of their freedom of association and collective bargaining rights, including information concerning any collective bargaining agreements adopted in this sector. Moreover, noting that the specific nature of domestic work, which is often carried out in private households behind closed doors, may pose obstacles to the exercise of the right to organize and join workers’ organizations and collectively bargain, the Committee may wish to request the Government to provide information concerning measures taken or envisaged to raise awareness of and promote the effective exercise of these rights among both domestic workers and domestic employers.

Article 3(2)(b). Elimination of forced or compulsory labour. The Government reports that forced labour, which is usually tied to human trafficking, is prohibited in Antigua and Barbuda, adding that anyone involved in forced labour is subject to prosecution. The Committee notes that Antigua and Barbuda Constitution Order 1981 prohibits forced labour. The Government does not, however, provide specific information with respect to the application of Article 3(2)(b) in the context of domestic work. In its observations, the ABDWA expresses the view that a gap exists in terms of a lack of legislation imposing sanctions or remedies in situations where a domestic worker is forced to work. Referring to the Migrant Smuggling Prevention Act, 2021, the ABDWA indicates that the Act provides for sanctions only with respect to migrants to or from other countries. The Committee requests the Government to provide information on the manner in which effect is given to Article 3 (2) (b) of the Convention in the context of domestic work, and to provide information on sanctions and penalties that may be imposed in cases where national and migrant domestic workers are subjected to forced or compulsory labour.

Article 3(2)(c). Elimination of child labour. The Government reports that section E3 of the Antigua and Barbuda Labour Code prohibits the employment of children, indicating that the country is on an aggressive drive to eliminate child labour, including in domestic workplaces. The Government does not, however, provide information on how the prohibition against child labour is ensured in the context of domestic work. The Committee requests the Government to provide additional concrete information on the nature and impact of measures taken to prevent and eliminate child domestic labour, including awareness-raising campaigns, labour inspection procedures, training for inspectors in the area of child domestic labour, sanctions and penalties imposed in the event of violations, compensation to victims and remedial measures to remove child domestic workers from exploitation and abuse and provide them with education and training to improve their employability and opportunities to access decent work.

Article 4.Minimum age of admission to employment. Access to education. The Government indicates that the minimum age for admission to employment in Antigua and Barbuda is 14 years, citing section E2 of the Antigua and Barbuda Labour Code, which defines “child” to mean a person under the age of fourteen (14) and the term “young person” as “a person who has ceased to be a child and is under the age of eighteen (18)”. The Government adds that the general working age limitations set out in the Labour Code apply to domestic workers, which are covered by the definition of employee provided in section A5 of the Code. The ABDWA points out that the prohibition against child labour in section E3 of the Code is only applicable to fixed categories of workers, prohibiting children from working “in a public or private agricultural or industrial undertaking or in any branch thereof, or on any ship”. It indicates that section E3 applies to certain fixed categories of work and does not cover domestic work. Additionally, the ABDWA observes that the minimum age of admission to employment (14 years) established in section E3 of the Code differs from that established in the Prohibition of the Employment of Children Act of 1939, which fixes the minimum age of employment at 12 (section 2 of the Act) and prohibits the employment of children “in any occupation whatsoever” (section 3 of the Act), as well as with the minimum school leaving age of 16 established under section 27(1) of the Education Act of 2008. In this context, the Committee recalls its 2011 comments relative to the application by Antigua and Barbuda of the Minimum Age Convention, 1973 (No. 138), in which it expressed satisfaction that section 47(1) of the Education Act of 2008 (Act No. 21 of 2008) prohibits employing a child of school age during the school year, whereas section 27(1) of the Act specifies that education is compulsory for all persons under 16 years of age. The Committee invites the Government to consider taking measures, in consultation with the relevant employers’ and workers' organizations, to harmonize the minimum age limits set out in national legislation for admission to employment and leaving school established in the Education Act, 2008, the Prohibition of the Employment of Children Act 1939 and the Antigua and Barbuda Labour Code. In addition, the Committee requests the Government to indicate the measures taken in both law and practice to ensure that work performed by domestic workers under the age of 18 and above the minimum age of employment does not deprive them of compulsory education or interfere with their opportunities to participate in further education or vocational training.

Article 5. Abuse, harassment and violence. The Government reports that a Sexual Harassment Bill applicable to all workers, including domestic workers, has been drafted and will be discussed. It further indicates that measures to make existing complaints mechanisms accessible to domestic workers are already available. In its observations, the ABDWA indicates that there is no legislation in force protecting domestic workers against abuse, harassment, and violence, nor are there any criminal penalties or civil remedies for sexual harassment in employment. It notes that domestic workers are subjected to abuse, but that they are reluctant to report this, due to fear that they will not be believed. It notes the Government’s undertaking to enact legislation prohibiting violence and harassment in the workplace following the country’s ratification of the Violence and Harassment Convention, 2019 (No. 190), on 9 May 2022, and suggests that the Government request ILO technical assistance and consult with the social partners, including the ABDWA, in developing such legislation. The Committee requests the Government to provide additional concrete information on the nature and functioning of the complaints mechanisms which it indicates are already available to domestic workers, as well as on the nature and impact of measures taken or envisaged to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence, including but not limited to moral and sexual harassment.The Committee further requests the Government to provide a copy of the Sexual Harassment Bill once it is adopted. In addition, the Government is requested to provide information, including statistical data on the number, type and outcome of complaints brought for abuse, harassment and violence in the context of domestic work.

Article 6. Fair terms of employment and decent working and living conditions. The Government reports that the Antigua and Barbuda Labour Code (Division C on Basic Employment and Division D on Employment Health, Safety and Welfare) and the Labour Commissioner Act set out the measures taken to ensure that domestic workers enjoy fair terms of employment, decent working conditions and decent living conditions that respect their privacy. The Government also refers to the Labour Commissioner (Amendment) Act, which repealed section 6(1)(a) of the Labour Commissioner Act, Cap. 231, and authorizes inspectors “to visit and inspect any premises in which employees are employed between the hours of 6 a.m. and 6 p.m., and to obtain and to require from any employer information as to the number of such employees employed and the wages, hours and conditions of work of such employees”. The ABDWA observes that Article 6 of the Convention is covered under various provisions in the Antigua and Barbuda Labour Code (Declaratory Division section A3(3)), but notes the absence of an express requirement in the national legislation that employers treat their domestic workers fairly. The ABDWA considers that the Government fails to hold employers of domestic workers accountable, pointing out that some employers provide fair terms or employment and decent working conditions, but most do not. The ABDWA notes that no inspections have taken place in the domestic workplaces in which their members are employed. In addition to fair terms of employment and decent working conditions Article 6 calls for measures to be taken that ensure that domestic workers who reside in the household where they are employed enjoy decent living conditions that respect their privacy. In its observations, the ABDWA indicates that there is no applicable legislation that establishes minimum living conditions and ensures privacy for live-in domestic workers. It adds that a significant number of domestic workers in Antigua and Barbuda live outside of the workplace and typically work Monday through Friday. However, ABDWA members who are live-in domestic workers reported abuses of overtime hours and no real privacy, as the doors to their room could not be locked. The ABDWA suggests that the Government develop and implement legislation to address these concerns, including by introducing an amendment to the Labour Code to include an explicit requirement that employers ensure fair terms of employment and decent working conditions. The ABDWA also calls for an effective public education campaign communicating that ‘Domestic Work is Work’ and raising awareness among employers of domestic workers of the provisions of the Convention. The Committee requests the Government to provide detailed updated information on the nature and impact of measures taken or envisaged to ensure the effective implementation of these provisions in practice to ensure fair and decent working and living conditions for domestic workers.

Article 7. Information on terms and conditions of employment. The Government indicates that Division C of the Labour Code outlines the measures taken to ensure that domestic workers are informed of their terms and conditions of work. Section C5 of the Labour Code requires employers to provide their employees with written information concerning their general terms and conditions of work within ten days of their employment. In its observations, the ABDWA notes that section C5(1) of the Labour Code requires employers to provide employees with a written contract setting out their general responsibilities and related duties, their regular hours of work and rest periods, their starting pay and the method of calculation, leave and vacation entitlements and other items. It nevertheless indicates that, in practice, none of its members reported holding a written contract. It adds that a number of its members reported holding oral employment agreements which their employers modified without prior discussion with them. The ABDWA suggests that the Government could develop a model domestic work employment contract and conduct a public education campaign aimed at raising awareness that domestic work is work and ensuring that all domestic workers are provided with written contracts of employment. The Committee requests the Government to provide information on the manner in which it is ensured that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner. The Committee also encourages the Government to carry out awareness-raising activities, with the participation of the representative worker and employers' organizations, to raise public awareness of the provisions of the Convention, as well as of the requirement that domestic employers receive written copies of their employment in accordance with section C5(1) of the Antigua and Barbuda Labour Code. In addition, the Committee invites the Government to consider developing and publishing a model domestic work employment contract, in consultation with the social partners and, where they exist, with organizations representative of domestic workers and domestic workers, that is aligned with the provisions of the Convention and freely available for use by domestic workers, domestic employers, representative organizations and the general public, as contemplated in Paragraph 6(3) and (4) of the Domestic Workers Recommendation, 2011 (No. 201).

Article 8(3) and (4). Migrant domestic workers. Cooperation measures. Repatriation. The Government indicates that there are no measures taken in cooperation with other ILO Members to ensure the effective application of the Convention to migrant domestic workers. It adds that migrant workers, including migrant domestic workers, enjoy freedom of movement for employment purposes within the Eastern Caribbean Economic Union, which allows persons from Member States of the ECEU to work in Antigua and Barbuda without a work permit. With respect to repatriation entitlements, the Government reports that there is no legislation providing for repatriation rights for migrant domestic workers on the expiry or termination of their employment contracts, although this is currently under consideration by the Minister of Labour. The Committee requests the Government to provide information with respect to any measures taken or envisaged in cooperation with other ILO Member States to ensure the effective application of the provisions of the Convention to migrant domestic workers. It further requests the Government to provide information on developments with respect to the consideration of laws, regulations or other measures specifying the conditions under which migrant workers are entitled to repatriation upon expiration or termination of their employment contracts.

Article 9(b) and (c). Right to leave the household during periods of daily and weekly rest of annual leave. Rightof the domestic worker to retain possession of identity and travel documents. The Government indicates that the contract of employment for domestic work must specify that domestic workers who reside in the household are not obligated to remain in the household or with household members during periods of daily and weekly rest or annual leave. In its observations, the ABDWA indicates that there is no legislative provision establishing the domestic worker’s right to leave the household during periods of daily and weekly rest or annual leave. With respect to Article 9(c) of the Convention, the Government does not provide information on whether or not there is any legislative provision entitling domestic workers to keep their travel and identity documents in their possession. The ABDWA observes that several abuses have been reported in this respect, noting that many domestic workers in Antigua and Barbuda are migrant domestic workers from other Caribbean countries. It suggests that the Government adopt relevant legislation and appropriate sanctions to prevent this practice. The Committee requests the Government to indicate the manner in which effective compliance with Article 9(b) of the Convention is ensured. The Government is further requested to provide concrete information on the manner in which effect is given to Article 9(c) of the Convention.

Article 10(c) Equal treatment between domestic workers and other workers in relation to working time. Standby hours. The Government does not provide information on the manner in which Article 10(c) of the Convention is given effect. In its observations, the ABDWA indicates that there is no applicable legislation regulating standby hours, adding that live-in domestic workers in Antigua and Barbuda have reported abuse of overtime hours. The Committee requests the Government to indicate how standby hours are calculated and compensated as hours of work where the domestic worker is required to remain on standby and at the disposal of the household. In addition, the Government is requested to provide information on the nature and impact of measures taken to ensure that domestic employers respect the maximum working hours established for domestic workers as well as their right to leave the household during their periods of rest and leave.

Article 12(2). Payments in kind. The Government indicates that section Convention No. 29 of the Antigua and Barbuda Labour Code establishes for payment of workers’ wages in legal tender, adding that in addition, workers may receive a gratuity, food, a dwelling place, or other allowances and privileges as remuneration. The Committee notes that this provision does not establish any limitations on the proportion of the worker’s benefits that may be paid in kind. In its observations, the ABDWA expresses the view that section Convention No. 29 of the Labour Code does not provide for all of the protections contemplated under Article 12(2) of the Convention, as it fails to require that the domestic worker agree to the in kind payments, that these be of personal use and benefit to the worker, and that the monetary value attributed to them be fair and reasonable. While it indicates that there are no reported abuses in this respect, it suggests that the Government take measures to align this provision with the Convention and provide for sanctions in the event of violations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that reasonable limits are placed on the proportion of payments in-kind that can be made to domestic workers, and that such limits are not less favourable than those applied to other categories of workers. Moreover, the Government is requested to indicate the measures taken to ensure that in-kind payments are agreed by the domestic worker, are for the personal use and benefit of the domestic workier and that the value attributed to the payments in-kind are fair and reasonable, taking into account the unequal bargaining power that often exists between the domestic worker and the domestic employer.

Article 13. Occupational safety and health. The Government indicates that it has adopted occupational safety and health policies from the ILO covering domestic workers and workers in general, adding that the provisions of the Antigua and Barbuda Labour Code apply to all workers including domestic workers. It refers to Division D of the Labour Code relating to Employment, Health Safety and Welfare, specifically to sections D10 and D11, which set out guidelines for ensuring the health and safety of workers. The Government adds that, to further ensure the occupational safety and health of domestic workers, the Labour Commissioner is authorized is to inspect private homes for health and safety issues, in accordance with the Labour Commissioner Act. In its observations, the ABDWA considers that the provisions of Division D of the Antigua and Barbuda Labour Code are not compatible with the Convention, noting that Division D applies to commercial workplaces and not to private households. It adds that 64 per cent of ABDWA members reported that their employers do not provide them with protective equipment, such as gloves, aprons and masks, and suggests that the Government amend the Labour Code to ensure that occupational safety and health requirements apply to all workplaces, including private households. In this context, the Committee notes that section D2 of Division D defines “workplace” as “the place where work is performed in connection with cultivation of any crop, or activities related thereto; any manufacturing, storage, construction and land, sea or air transport enterprises; any retail establishment; other commercial or industrial enterprises of any kind; and any office or operation related to any of these”. It further notes that section D3 provides that “except as is otherwise indicated herein, the provisions of this Division shall apply to all workplaces”. The Committee requests the Government to provide information on the manner in which

Article 15. Private employment agencies. The Government reports that there are no private employment agencies registered in Antigua and Barbuda. It adds that, since private employment agencies are not regulated in the country, agencies mediating domestic workers from abroad tend to also be located abroad. The Committee requests the Government to indicate the measures taken or envisaged, including in collaboration with other Member States, to provide adequate protection for and prevent abuses of domestic workers recruited or placed in Antigua and Barbuda by private employment agencies. The Committee invites the Government to consider, where domestic workers are recruited in one country to work in another, concluding bilateral, regional or multilateral agreements to prevent abuses and fraudulent practices in recruitment, placement and employment, as contemplated under Article 15(d) of the Convention. Lastly, the Committee requests the Government to indicate the manner in which it is ensured that fees are not charged to domestic workers by private employment agencies that recruit or place domestic workers in employment in Antigua and Barbuda.

Article 16. Access to justice.Part V of the Report Form. The Government reports that the AT&LU represents domestic workers, working with the Labour Commissioner to ensure that domestic workers have access to various dispute resolution mechanisms. It adds that senior labour inspectors and the Labour Commissioner handle domestic worker issues with employers of domestic workers, while regular labour inspectors conduct routine investigations relating to domestic workers. In its observations, the ABDWA indicates that domestic workers have access to the same remedies as other workers. The Committee requests the Government to provide additional practical information regarding the dispute resolution mechanisms available to domestic workers, including the number and type of complaints filed and the outcomes. In addition, the Government is requested to provide information, including copies or extracts of any court decisions involving questions of principle relating to the application of the Convention.

Article 17. Complaints mechanisms. Labour Inspection. The Government indicates that matters are handled through the AT & LU, which works with the Labour Commissioner. However, the Committee notes that no specific information is provided with respect to the complaint mechanisms in place, or the means in which compliance with national laws and regulations for the protection of domestic workers is ensured. With respect to labour inspection, the Committee notes with interest the Government’s indication that the Labour Commissioner (Amendment) Act provides for the inspection of private homes. Paragraph 6(1)(a) of the Act provides that the Labour Commissioner is empowered and authorized to visit and inspect any premises in which employees are employed between the hours of 6 a.m. and 6 p.m. and to obtain and require from any employer information as to the number of employees employed, as well as information on their wages, hours and conditions of work. Section 6(1) of the Labour Commissioner Act, Chapter 232 of 1951, previously excluded domestic workplaces from inspection, but the Labour Commissioner Amendment Act of 2017, amended section 6(1) to remove this exclusion. The ABDWA nevertheless observes that no inspections have taken place in any of the domestic workplaces in which its members are employed. The Committee requests the Government to provide updated concrete information on measures taken to establish and implement effective and accessible complaints mechanisms and means of ensuring compliance with national laws and regulations for the protection of domestic workers. The Committee further requests the Government to provide information on the number of inspections carried out during the reporting period in the domestic sector, the number and type of violations found, if any, and the outcome of such inspections.

Article 18. Implementation. The Government reports that both before and after ratification of the Convention, it has held consultations with the AT&LU and the Antigua and Barbuda Employers’ Federation (ABEF), as well as with stakeholders such as Women Against Rape (WAR) and Non-Governmental Organizations (NGOs) that offer assistance to women subjected to gender-based violence. The Government adds that UN Women and the ILO collaborated in sponsoring workshops to sensitize domestic workers, employers of domestic workers and government agencies. The Committee requests the Government to continue to provide information on measures taken to effectively implement the provisions of the Convention in consultation with the social partners, through laws, regulations and collective agreements or additional measures consistent with national practice.