Domestic work – a legislative frame in the EU?

Domestic work – a legislative frame in the EU? ETUC Seminar Brussels, 14-15 April 2005 Wiebke Düvel European Trade Union Institute for Research, Education and Health and Safety http://www.etui-rehs.org

Legislation and domestic workers • Definition: « A domestic worker is a person working at an employers private residence to provide services. » • Laws exclude the domestic workers from the scope • Laws grant lower levels of protection • Laws are silent on the topic

Council of Europe • European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) • Art. 4.1. prohibits slavery and servitude • Art. 14 prohibition of discrimination • European Convention on the Legal Status of Migrant Workers (1977) • European Agreement on „Au pair“ Placement (1969)

Council of Europe • Recommendation 1663 (2004) – domestic servitude • Demands a charter of rights for domestic workers • Recognition as „real work“ • Legally enforceable contract of employment • Health insurance • Family life • Leisure and personal time • Immigration status independent of any employer • Recommends a system of accreditation for agencies placing domestic workes • Ensure regular monitoring by authorities of those agencies • Recommendations as well on au-pair placement

European Directives • European Directives in the field of labour/social law • Categorie: silent on the topic • Parental leave, part time, fixed-term work, non-discrimination • Categorie: exclusion of scope • Health + safety Directives • Framework Directive 89/391 – Art. 3 a): „worker:any person employed by an employer, including trainees and apprentices but excluding domestic servants“

Answers questionnaire - comparison • Subject of concern to trade unions – rather active – 6 countries: Italy – Ireland – Netherlands – Spain – Switzerland - Belgium • Nothing on the topic – 6 countries: Denmark – Iceland – Lithuania – Latvia – Romania – Sweden • Between those two – 4 countries: Czech Republic – Finland – Germany – Portugal

Answers questionnaire - comparison • Cross-border activity • None - except Italy • Plans of the Government • None – except Belgium, the Netherlands and Finland • Some specific examples • Trade union membership – Netherlands - Portugal

Answers questionnaire - comparison The results might be due to the definition given in the questionnaire

Some national examples • France • Italy • Netherlands • Portugal • Spain

Domestic workers – what must be regulated? Employment contract

Conclusion • Legislative framework needed to protect the domestic workers- ensure equal rights under labour and social law • Must be enabled to enforce and claim their rights • At European level: • Definition needed • Recognised as a specific occupation • European legislation must apply as well to domestic work • At national level: • Specific regulations needed • In legislation and/or collective agreements • Written employment contract

Domestic work – a legislative frame in the EU?