FORCED LABOUR IN DOMESTIC WORK

FORCED LABOUR IN DOMESTIC WORK

DOMESTIC WORK (DW) Complex & diversify working phenomenon comprising a large and heterogeneous number of tasks and situations falling withing the sphere of the household (*) (*) i.e. in the employer’s residence or on his/her premises

DOMESTIC WORK Majority of tasks are of a «genuine domestic nature» - housekeeping, - cooking, - house-cleaning, - child and personal care

DOMESTIC WORK (Traditional views) • perceived and considered as unskilled work • offers poor prospects of social advancement • with poor economic value (considered unproductive) • a job without dignity (with low social status) • normally considered as a women’s work

DOMESTIC WORK • insufficiently covered by labour statistics • involves substantial numbers of migrant workers mainly female (at national and international levels) • with high prevalence of unlawful or clandestine situations: . unregistered employers . undocumented employees

EMPLOYMENT RELATIONSHIP The special nature of the workplace – a private household – renders the conditions of work largely dependent on the character or will of the employer

EMPLOYMENT RELATIONSHIP • high level of control by the employer • regimented lifestyle • isolation (in the working place & in the world of work) • entails long hours of work & heavy workloads

EMPLOYMENT RELATIONSHIP • low salaries • lack of working benefits(maternity protection, medical benefits, pension schemes) • high level of vulnerability(changes of work contracts, pay cuts, non payment of salaries, unfair dismissal…)

EMPLOYMENT RELATIONSHIP • inadequate accommodation • inadequate food • lack of privacy, interference in personal matters • violence at the work place

LEGAL PROTECTION DWs are tipically excluded from labour market regulations, or if afforded any protection, this is lower than for other categories of worker (stigmatized): • when explicitly excluded from the scope of basic labour standards DWs are deprived of basic protection afforded to other workers - when special laws or rules in the basic labour legislation are enacted, on the grounds of the particular nature of the work, they tend to grant DWs lower protection than other categories are offered by labour laws

EMPLOYMENT RELATIONSHIP • difficult / lack of protection and control by • labour authorities • out of the control of labour inspection

MIGRANTS AND FORCED DOMESTIC WORK • Migrant DW are especially vulnerable to FL mainly because of: - the unprotected nature of the work, - the highly personalized relationship between the worker and the employer, - their insecure legal status in host country

MIGRANTS AND FORCED DOMESTIC WORK • Domestic service is often used as a cover to lure women into employment abroad while deceiving them about the real nature of the work (sexual exploitation) • Deception and abuse are also present during the recruitment process (pre-migration trainings, contracts concluded between the employer and the recruitment agency…)

MIGRANTS AND FORCED DOMESTIC WORK • UNIONIZATION / ORGANIZATION of DW is often problematic. - In some countries DW are prevented by the law from exercising freedom of association. - Trade unions face difficulties in reaching out to DW: . hidden and confined nature of the work . atomized work (1employer -1 employee) . working hours vary from one situation to another and many DW do not have days off to attend meetings

MECHANICS OF FL IN DOMESTIC WORK • Domestic work is not forced labour, in and of itself. • Only when certain circumstances exist does work in the household become forced. • The critical question is: Is the worker free to leave work? What can prevent this freedom?

MECHANICS OF FL IN DW • Typical scenarios follow: - Confiscation of passport or other official papers (migrant workers); - Worker’s indebtedness to the employer, particularly where the debt is, in practice, extremely difficult to liquidate; - Where the age of the worker makes it impracticable for him or her to be able to leave the workplace; - Where the worker is sold or given into bondage.

MEETING THE CHALLENGE AS WORKERS 1) Organizing DW by: • Working with other civil groups to encourage and assist DW to come together to form their own associations. • Providing special services to them, including employment exchanges, telephone support networks, a place to congregate on days off, counseling and advisory services (both legal and general advice). • Ensuring that DW can easily contact the union. • Conducting publicity and media campaigns to make DW aware of their rights and to sensitize the public to the exploitation of such workers.

MEETING THE CHALLENGE AS WORKERS 2) Lobbying for national legislation to cover domestic workers. 3) Assisting domestic workers to lobby for legislation to improve their terms and conditions of work. 4) Fighting for a legal requirement that domestic workers must have written contracts.

MEETING THE CHALLENGE AS WORKERS • 5) Raising awareness of the link between unpaid domestic work and the low status of paid domestic work. • 6) Provide training for domestic workers. - to improve skill levels and standard of work - to help raise their self confidence and the dignity of their work; - to expose them to skills other than those related to domestic work so as to enhance their employment options.

MEETING THE CHALLENGE AS WORKERS Finally, it is important to understand a number of particular aspects of FL in DW that have an effect on efforts to combat it. • the gender aspect • the role of migration, and • the prevalence of child domestic workers these three particular aspects of forced domestic work often coexist, complicating decision making on action and action taking.

FORCED LABOUR IN DOMESTIC WORK