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

Domestic Workers Convention, 2011 (No. 189) - Grenada (Ratification: 2018)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It also notes the observations made by the Grenada Trades Union Council (GTUC), received on 20 September 2024. The Government is requested to provide its comments in this respect.

Article 1. Definitions of domestic work and domestic worker. Occasional or sporadic work. The Committee welcomes the Government’s first report on the application of the Convention. The Government reports that Part VI, section 36 of the Employment Act, No. 14 of 1999 (hereinafter “the 1999 Employment Act”), defines the term “domestic worker” as “any person who is employed for the purpose of undertaking household chores, including but not limited to cooking, washing, ironing, baby-sitting, and general cleaning”. The Government does not provide information with regard to a definition of the term “domestic work”, nor does it indicate whether or in what manner a person who performs domestic work only occasionally or sporadically, but does so on an occupational basis is covered under the provisions of the Convention. The Committee notes that the definition of “domestic worker” set out in the 1999 Employment Act refers only to “household chores”, and could be interpreted to exclude other types of work carried out in or for a household or households. In its 2022 General Survey on Securing Decent Work for Nursing Personnel and Domestic Workers: Key Actors in the Care Economy, the Committee of Experts noted that the Convention defines the term “domestic work” to include work performed in or for a household or households (Article 1(a) of the Convention), thereby identifying domestic workers with reference to their place of work in or for a private household, rather than the type of work they perform (2022 General Survey, para. 556). With respect to the definition of “domestic worker”, the Committee recalled in its 2022 General Survey that the definition set out in Article 1(b) of the Convention encompasses “any person engaged in domestic work within an employment relationship”. The Committee observed that this formulation ensures a broad scope of application in two ways: first, by taking into account that the services of domestic workers may be provided outside the household on a full-time or occasional basis through activities (such as taking children to school, chauffeuring, gardening or guarding the premises); and, second, by extending coverage to those who provide domestic services to households through intermediaries. The Committee noted that the reference in Article 1(a) to “a household or households” takes into account the situation of the many domestic workers who work for multiple employers, or who are employed by temporary work agencies and outsourced to perform domestic work in numerous households The broad approach adopted by the Convention “includes domestic workers engaged on a part-time basis and those working for multiple employers, nationals and non-nationals, as well as both live-in and live-out domestic workers” (2022 General Survey, para. 569). It noted that the Convention’s definition of “domestic worker” excludes solely those workers who perform domestic work “only occasionally or sporadically and not on an occupational basis” (Article 1(c)). The Committee recalled that the expression “and not on an occupational basis” was intended to ensure the inclusion in the definition of “domestic worker” of day labourers and similar precarious workers, including care workers (2022 General Survey, para. 557). The Committee invites the Government to consider the possibility of developing and adopting definitions of domestic work and domestic worker which are more closely aligned with Article 1(a) and (b) of the Convention, in consultation with the most representative organizations of employers and workers, as well as with organizations representative of domestic workers and employers of domestic workers, where these exist. In addition, the Committee requests the Government to indicate whether and how persons who perform domestic work only occasionally or sporadically, but do so an occupational basis, are covered within the scope of the Convention, as contemplated by Article 1(c).

Article 2. Exclusions. Consultations. The Government provides no information in its report with respect to whether or not specific categories of workers are excluded either wholly or partly from the scope of the Convention. Similarly, no information is provided in relation to any consultations held in this respect. The Committee requests the Government to indicate whether any categories of workers have been excluded wholly or partially from the scope of application of the Convention and, if so, the manner in which such workers are provided with protections which are at least equivalent to those afforded under the Convention, as contemplated in Article 2(2). Additionally, the Committee requests the Government to provide information on consultations held with the most representative organizations of employers and workers and, where these exist, with organizations representative of domestic workers and those representative of employers of domestic workers, with respect to the exclusion a specific group or groups from the scope of application of the Convention.

Article 3(1). Effective promotion and protection of the human rights of all domestic workers. The Government provides no information with respect to the manner in which effect is given to this provision in practice. The Committee notes that article 1 of the Constitution of Grenada, 1973 provides for the protection of fundamental rights and freedoms for every person in Grenada, regardless of race, place of origin, political opinions, colour, creed or sex. The rights enumerated in this Constitutional provision also include freedom of assembly and association and the right to work. The Committee requests the Government to provide detailed updated information. on measures taken to ensure the effective promotion and protection, in both law and practice, of the human rights of all domestic workers as set out in the Convention.

Article 3(2)(a) and (3). Freedom of association and effective recognition of the right to collective bargaining. The Government does not provide information in its report on measures taken or envisaged to promote and protect the right of domestic workers and employers of domestic workers to form and join organizations of their own choosing and effectively exercise their freedom of association and collective bargaining rights. The Committee notes that Part V, sections 25(1) and 27 of the Grenada Labour Relations Act, No. 15 of 1999, provides for the right of all employees and employers, respectively, to form, join, hold office and participate in legal activities of organizations of their own choosing. Nevertheless, the Committee recalls that, due to the particular characteristics of domestic work, which often involve physical and social isolation in the employer’s private household, practical obstacles make it more difficult for domestic workers and their employers to organize (2022 General Survey, Para. 628). In this context, the Committee recalls its 2024 Observation on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), in which it noted that it had been commenting for some time with respect to the number of members required for the registration of an employers’ organization as well as for the registration of a workers’ organization under sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999, respectively. The Committee recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the country’s relatively small size. It also noted the minimum requirement of 25 employees to form a workers’ organization. The Committee recalled the importance of ensuring that the minimum membership number for employers’ and workers’ organizations be fixed in a reasonable manner so that the establishment of organizations would not be hindered, and urged the Government to review the above-mentioned provisions of the Labour Relations Act in consultation with the social partners. Recalling that the particular characteristics of domestic work frequently make it particularly difficult for domestic workers and domestic employers to form and join unions, as well as to collectively bargain, the Committee requests the Government to provide concrete information on measures taken to ensure the exercise of the right of domestic workers and employers of domestic workers to freedom of association and collective bargaining in practice. The Government is also requested to provide information on measures taken or envisaged to ensure that the minimum membership number to register an employer or worker organization pursuant to the Labour Relations Act, No. 15 of 1999, is not excessive and does not thereby hinder the formation and functioning of such organizations in the domestic work sector. Lastly, the Government is requested to a information on measures taken, including awareness-raising campaigns and related activities aimed at informing domestic workers, including migrant domestic workers, and their employers of their rights and obligations under Article 3(2)(a) and 3(3) of the Convention.

Article 3(2)(b). Elimination of forced or compulsory labour. Article 4 of the Constitution of Grenada, 1973, prohibits the use of forced labour. In addition, section 25(1) of the 1999 Employment Act provides that “no person shall be required to perform forced labour”. Section 25(2) of the Act provides that anyone convicted of exacting or imposing forced labour, or causing or permitting forced labour may be subjected to a fine not exceeding 10,000 East Caribbean dollars or a term of imprisonment not exceeding three years, or to both such a fine and imprisonment. The Government does not, however, provide information in its report on the nature of any measures taken to address forced or compulsory labour in the context of the domestic work sector. Accordingly, the Committee requests the Government to provide concrete information on measures taken or envisaged to prevent and all forms of forced or compulsory labour in relation to domestic workers, including migrant domestic workers. The Committee may also wish to request the Government to provide information on the impact of the measures taken, including information on the number of violations identified and the sanctions imposed, if any.

Articles 3(2)(c) and 4(2). Elimination of child labour. Minimum age of admission to employment. Access to compulsory education and opportunities for further education and vocational training. The Government reports that section 32(1) of the 1999 Employment Act prohibits child labour. That provision establishes the minimum age of admission to employment, stipulating that, subject to its subsection (3), no person under the age of 16 years shall be employed or allowed to work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof, save and except for holiday job employment. The Government does not, however, provide information on measures taken to ensure that domestic work performed by young persons who are under the age of 18 and above the minimum age for employment does not deprive them of compulsory education, or of opportunities for further education or vocational training. The Committee requests the Government to provide detailed updated information on the nature and impact of measures taken to effectively prevent and eliminate child domestic work in both law and practice. In addition, the Government is requested to provide information, including statistical data disaggregated by sex and age, on the number of incidents of child domestic work identified and penalties imposed, if any. Lastly, the Government is requested to provide information on the manner in which effect is given to Article 4 (2) of the Convention.

Article 3(2)(d). Elimination of discrimination in employment and occupation. The Committee notes that the Government provides no information with respect to measures taken or envisaged to ensure that domestic workers, including migrant domestic workers, enjoy effective protection from workplace discrimination in practice. It notes that section 26 of the 1999 Employment Act prohibits discrimination in employment, stipulating that: “no person shall discriminate against any employee on the grounds of race, colour, national extraction, social origin, religion, political opinion, sex, marital status, family responsibilities, age or disability, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship”. The Committee requests the Government to provide information on the manner in which this provision is given effect in both law and practice in relation to the domestic work sector.

Article 5. Prevention of and protection from workplace abuse, harassment and violence. The Government reports that Grenada does not currently have legislation which specifically deals with sexual harassment, nor are there specific regulations for domestic workers in this respect. It adds that the common law can be used to provide remedies to persons who are victims of sexual harassment in the workplace under tort and contract law. In previous comments on Grenada’s application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee has been requesting the Government to take measures to prevent and prohibit sexual harassment in the workplace since 2007. Moreover, for some years, the Committee of Experts has noted that a Sexual Harassment Bill was being drafted. In its 2020 direct request concerning the application of Convention No. 111, the Committee noted the copy of the 2008 Concept Paper on Sexual Harassment prepared by the Grenada National Organization of Women and the social partners which prompted the development of the draft Sexual Harassment Bill. In its 2022 direct request under Convention No. 111, the Committee of Experts once again noted that a Sexual Harassment Bill was being prepared and that a draft revised Employment Bill had been formulated to address the issue of sexual harassment in employment and occupation. Noting its previous comments concerning the need to adopt measures to prevent and prohibit sexual harassment in Grenadian workplaces, the Committee requests the Government to take urgent measures to adopt and implement effective protections against sexual harassment in the workplace. In addition, the Committee recalls that Article 5 of the Convention calls for Member States to take measures to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence. It thus requests the Government to provide updated concrete information with respect to all measures taken or envisaged to give full and effective effect to this Article of the Convention, taking due account of the particular characteristics of domestic work, which is often carried out behind closed doors and may increase the vulnerability of domestic workers, especially migrant domestic workers, to situations of abuse, violence and harassment, both sexual and moral harassment, in the domestic workplace. Lastly, the Government is requested to supply information in its next report on progress made in the adoption of the draft Sexual Harassment Bill and related measures aimed at protecting all workers, including domestic workers, from abuse, harassment and violence in the workplace.

Article 6. Ensuring fair terms and conditions of employment as well as decent working conditions and decent living conditions that respect the privacy of the domestic worker. The Government indicates that the 1999 Employment Act ensures that the requirements of Article 6 of the Convention are met. In its observations on Grenada’s application of the provisions of the Convention, the GTUC expresses the view that there are gaps in national legislation as it relates to domestic workers. The GTUC requests that specific legislation be enacted to address the unique situation of live-in domestic workers, particularly with respect to their living conditions and hours of weekly rest. While the Government indicates that some aspects of the Convention are adequately provided for in specific provisions in the legislation, it nevertheless recognizes the need for legislation that considers the unique situation of domestic workers, particularly those who live or sleep in the employer’s household. It adds that, in situations where there are gaps in the legislation, the Ministry of Labour will make recommendations drawing on the principles set out in the Convention and the general provisions of the labour legislation. With respect to decent living conditions that respect the privacy of live-in domestic workers, the Committee notes that, pursuant to Paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201), when accommodation and food are provided to domestic workers by their employers, these should include, taking into account national conditions: (a) a separate, private room that is suitably furnished, adequately ventilated and equipped with a lock, the key to which should be provided to the domestic worker; (b) access to suitable sanitary facilities, shared or private; (c) adequate lighting and, as appropriate, heating and air conditioning in keeping with prevailing conditions within the household; and (d) meals of good quality and sufficient quantity, adapted to the extent reasonable to the cultural and religious requirements, if any, of the domestic worker concerned. The Committee requests the Government to provide information on specific measures taken or envisaged to give full effect to Article 6 of the Convention in both law and practice, including measures to ensure that domestic workers who reside in the employer’s household enjoy decent living conditions that respect their privacy. The Committee invites the Government to develop such measures in consultation with the representative organizations of employers and workers, as well as with organizations representative of domestic workers and organizations of employers of domestic workers, where these exist. In developing such measures, the Committee invites the Government to take into consideration the guidance provided by Paragraph 17(a) through (d) of the Domestic Workers Recommendation, 2011 (No. 201).

Article 7. Right to be informed of terms and conditions of employment in an appropriate, verifiable and easily understandable manner. The Government indicates that there are no provisions which specify how domestic workers are notified of the terms and conditions of their employment, but that it is understood that domestic workers are subject to the general provisions in Section 30 of the 1999 Employment Act which indicate the particular terms and conditions of employment that every employer is required to provide to each employee. That provision requires employers to provide employees with a written statement of particulars of employment within a specified period of time (one month from commencement of duties for new employees). These particulars include the names of the employee and the employer, the date of commencement of the contract, the rate of remuneration and method of calculation, the intervals at which remuneration is to be paid, the nature of the work to be performed, and the normal hours of work, among other items. Nevertheless, it is noted that section 30 does not apply to employees whose normal hours of work are less than 16 hours per week. The Government does not indicate the manner in which it is ensured that domestic workers whose normal hours of work are less than 16 hours per week are informed of their terms and conditions of employment. Moreover, the Government does not indicate 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 requests the Government to consider amending section 30 of the 1999 Employment Act to include some or all of the additional particulars contemplated under Article 7 of the Convention, as well as those contemplated under Paragraph 6(2) of the Domestic Workers Recommendation, 2011 (No. 201). The Committee further requests the Government to indicate the manner in which it is ensured that all domestic workers, including those whose normal working hours are less than 16 hours per week, are informed of their terms and conditions of work in an appropriate, verifiable and easily understandable manner. Lastly, the Committee encourages the Government to consider, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers and domestic employers, developing and making publicly available a model domestic work employment contract, as contemplated under Paragraph 6(3) and (4) of Recommendation No. 201.

Article 8. Migrant domestic workers. Right to receive an enforceable written job offer or contract of employment prior to crossing national borders. The Government provides no information on the application of this Article of the Convention. Accordingly, the Committee requests the Government to provide concrete information on the manner in which effect is given to the provisions of Article 8 of the Convention in both law and practice. In particular, the Committee requests the Government to provide information on the laws or regulations requiring that 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. The Government is further requested to provide information relative to any bilateral, regional or multilateral agreements, or any arrangements within the framework of a regional economic integration area, by virtue of which workers might enjoy freedom of movement for the purpose of employment, as well as any measures taken in cooperation with other ILO Member States to ensure the effective application of the Convention to migrant domestic workers. Lastly, the Government is requested to indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract.

Article 9. Right to reach agreement on whether or not to reside in the employer’s household. Right of live-in domestic workers to leave the household during periods of daily and weekly rest and annual leave. Right to retain possession of identity or travel documents. (Insufficient information). The Government indicates that, while there are no legislative provisions giving effect to this provision, it is customary practice for domestic workers and their employers to reach agreement on clauses (a), (b) and (c) of Article 9 of the Convention. The Committee requests the Government to provide detailed, concrete information on the manner in which effect is given to the provisions of Article 9 of the Convention in both law and practice.

Article 10(a) and (c). Equal treatment between domestic workers and workers generally in relation to normal hours of work, overtime compensation, periods of daily and weekly rest and paid annual leave. Standby hours. The Government indicates that section 39 of the 1999 Employment Act establishes maximum limits on daily normal working hours for different categories of employees. Section 39(1) stipulates that, as ordinary working hours, “no employer shall require any employee save and except a security guard or a domestic worker, to work for more than eight hours on any day, exclusive of lunch period without paying adequate compensation for overtime work”. In contrast, section 39(2) provides that “as ordinary working hours, no employer shall require a domestic worker to work for more than ten hours on any day, inclusive of two hours for lunch and rest periods”. In addition, section 37(d) of the 1999 Employment Act establishes a maximum limit on normal working hours for domestic workers of no more than 60 hours per week, significantly higher than for other workers: 40 hours for agricultural workers, construction workers or industrial workers, whose normal days of work are Mondays through Fridays (section 37 (a)); 44 hours for clerical assistants and shop assistants, again whose normal days of work are Mondays through Fridays (section 37(b)); and 44 hours per week for catering assistants. Section 38 of the 1999 Employment Act prohibits employers from requiring their employees to work for more than six (6) consecutive days without a weekly day of rest. With respect to paid annual leave, section 56 of the 1999 Employment Act provides that agricultural workers, catering assistants, clerical assistants, construction workers, domestic workers, industrial workers, security guards and shop assistants are entitled to a period of annual leave with pay of not less than two weeks for the first year of employment and three weeks thereafter. Specific methods of calculation apply to workers employed on a half day basis, or those employed on a daily or hourly basis. With respect to the application of Article 10(c) of the Convention, the Government provides no information on whether and to what extent 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 are regarded as hours of work. The Committee requests the Government to take the necessary measures to guarantee equal conditions in terms of normal daily and weekly hours of work between domestic workers and other workers generally. In addition, the Government is requested to provide information on the measures adopted to ensure that domestic workers who reside in the household receive overtime compensation under equal conditions with other workers. The Committee further requests the Government to provide information on the manner in which it is ensured that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household for possible calls are regarded as paid hours of work, in accordance with Article 10(c) of the Convention, and taking into consideration Paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 12(2). Payments in kind. Section 47(5) of the Employment Act provides that the partial payment of wages in the form of allowances in kind may be made in industries and occupations where such allowances are customary. Payment in the form of liquor or noxious drugs is not permitted under any circumstances (section 47(5)(a). The Committee notes that the requirements for payments in kind include most of the elements set out in Article 12(2) of the Convention, in that any such allowances must be appropriate for the personal use and benefit of the employee’s family and the value attributed to the allowances must be fair and reasonable (section 47(5)(b) and (c). Nevertheless, section 47 of the 1999 Employment Act does not impose an overall limit on the proportion of the worker’s wages that may be paid in the form of in kind payments, nor does it require that the worker consent to receiving a portion of her wages in kind. The Committee invites the Government to consider establishing an overall limit on the proportion of the remuneration that may be paid in kind so as not to diminish unduly the remuneration necessary for the maintenance of domestic workers and their families, as contemplated in Paragraph 14 of the Domestic Workers Recommendation, 2011 (No. 201). The Committee further invites the Government to consider limiting payments in kind to those clearly appropriate for the personal use and benefit of the domestic worker, such as food and accommodation and to ensure 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 (Recommendation No. 201, Para. 14(c) and (d)).

Article 13. Occupational safety and health protections in relation to domestic workers. The Government provides no information with respect to the application of this Article of the Convention. The Committee therefore requests the Government to provide detailed updated information, including statistical data, on the nature and impact of measures adopted or envisaged with a view to ensuring the occupational safety and health of all domestic workers, with due regard for the specific characteristics of domestic work, as required by Article 13 of the Convention.

Article 14. Social security protection, including maternity benefits. The Government provides no information with respect to the application of this Article of the Convention. The Committee requests the Government to provide concrete detailed information on the measures taken or envisaged to ensure that domestic workers enjoy conditions that are not less favourable than those applied to workers generally in respect of social security protection, including with respect to maternity. In addition, please provide information, including disaggregated statistical data, on the number of domestic workers covered by social protection benefits, including maternity benefits.

Article 15. Private employment agencies. The Government provides no information with respect to the application of this Article of the Convention. The Committee requests the Government to provide detailed information on the measures taken to give effect to each of the provisions of this Article. The Committee further requests the Government to supply information on the consultations that have taken place in this regard with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers and those representative of employers of domestic workers.

Article 16. Access to justice. The Government provides no information with respect to the application of this Article of the Convention. The Committee requests the Government to indicate the measures taken to ensure in accordance with national laws, regulations and practice, that domestic workers have effective access to courts, tribunals, or other dispute resolution mechanisms, under conditions that are not less favourable than those available to workers generally. In addition, the Committee requests the Government to provide updated information in its next report on decisions rendered by courts of law or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention, providing copies or extracts of such decisions.

Article 17. Accessible complaints systems and procedures. Labour inspection. The Government provides no information with respect to the application of this Article of the Convention. The Committee therefore requests the Government to indicate the measures taken to establish effective and accessible complaints mechanisms and means of compliance with national legislation for domestic workers, including measures for inspection, enforcement and penalties, that take account of the special characteristics of domestic work. The Government is also requested to provide information on public awareness-raising activities conducted with respect to the labour rights and obligations of domestic workers and their employers, as well as information on the content and frequency of trainings provided to labour inspectors aimed at building their capacity to better ensure compliance with the provisions of the Convention. In addition, the Committee requests the Government to provide detailed practical information on the measures taken to give effect to Article 17 (2) of the Convention, including statistical information on the number of inspections carried out in the context of domestic work, the nature of violations detected, and the sanctions imposed, if any.

Article 18. Implementation. The Committee notes the Government’s indication that the Employment Act, No. 14 of 1999 (hereinafter “the 1999 Employment Act”) gives effect to the provisions of the Convention. It further notes that Labour Relations (Amendment) Act, No. 9 of 2003 introduced clause 3A to section 3 of the 1999 Labour Relations Act, which stipulates that “the provisions of the principal Act together with those of the Employment Act of 1999 (Act No. 14 of 1999) shall constitute the Labour Code of Grenada”. The Government indicates that the Ministry of Labour is the authority responsible for the implementation of the provisions of the Convention. Additionally, the Committee notes the Government´s indication that a copy of its first report on the application of the Convention was communicated to the most representative employers’ and workers' organizations in Grenada, namely the Grenada Employer’s Federation (GEF) and the Grenada Trade Union Confederation (GTUC). The Committee requests the Government to provide information on the nature and impact of consultations held with the most representative organizations of employers and workers and with organizations of domestic workers and domestic employers in respect of the continued application of the Convention.