4. Why is it especially important to have regard for the wages of migrant domestic workers? It is well known that women migrant domestic workers earn wages that are especially low, whether in comparison to nationals or even to men migrant domestic workers. This is sometimes justified on the basis that (women) migrant domestic workers benefit from in-kind payment in the form of food and accommodation, 31 or that these workers are less “skilled” or educated than other workers. However, in reality, more structural causes are responsible, including the pervasive undervaluing of care work because it is expected to be performed by women and often unpaid; as well as because of poor labour market regulation and the weak bargaining power of domestic workers, due to freedom of association deficits. 32 The ILO Domestic Workers Convention (No. 189) and Recommendation (No. 201), 2011, provide specific guidance regarding payment of the wages of domestic workers. Convention No. 189 requires that where minimum wages exist, these should extend to domestic workers, and that rates of remuneration for domestic workers, including migrant workers, be established without discrimination based on sex (Article 11). Domestic workers should also be paid directly in cash at regular intervals at least once a month (Art. 12(1)). The Convention further allows for national laws, regulations, collective agreements or arbitration awards to provide for the payment of a limited proportion of the remuneration of domestic workers in the form of payments in kind, but these should not be less favourable than those generally applicable to other categories of workers. Measures should be taken to ensure that such 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 (Art. 12(2)). 33 Paragraph 15(2) of Recommendation No. 201 stipulates that upon termination of employment, any outstanding payments should be made promptly. 34 It is critical that methods used to design or adjust sectoral or occupational minimum wage schemes are free from gender bias and that certain skills relating to domestic work considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills. 35 31 See, for example: Jordan – CEACR – Direct Request published in 2021. 32 See, for example: ILO, “Measuring the Economic and Social Value of Domestic Work”, ILO Domestic Work Policy Brief No. 3, 2011. 33 Paragraph 14 of the Domestic Workers Recommendation, 2011 (No. 201), provides further details for when provision is made for the payment in kind of a limited proportion of remuneration. 34 Landuyt and Ghosheh, note 12, above 35 See ILO. Giving Globalization a human face. General Survey on the fundamental Conventions, Report III (Part 1B), International Labour Conference, 101st session, 2012, para. 706. 5