Domestic Workers Empowerment Programme Domestic Workers Empowerment - PowerPoint PPT Presentation

Domestic Workers Empowerment Programme Domestic Workers Empowerment Programme Presentation to: UWC Community Engagement Colloquium October 2017

Overview

Domestic Workers Research Project (DWRP) DWRP was initiated in January 2009 to gain a better understanding of existing problems – including shortcomings in the legislation – affecting domestic shortcomings in the legislation – affecting domestic workers, and of potential solutions involving the affected workers, trade unions, and legislators national and international.

Approach Transformative constitutionalism Nancy Fraser, Sandra Liebenberg, Wessel Le Roux

Legislative Framework  BCEA and LRA  Sectoral Determination 7 (SD7) (2002)  Unemployment Insurance Act; Skills Development Act,  Unemployment Insurance Act; Skills Development Act, Employment Equity Act  ILO Convention 189 & Recommendation 201 (2011)  Ratified by SA Parliament

Definition “ domestic worker ” means an employee who performs domestic work in the home of his or her employer and includes— (a) a gardener; (a) a gardener; (b) a person employed by a household as driver of a motor vehicle; and (c) a person who takes care of children, the aged, the sick, the frail or the disabled; (d) domestic workers employed or supplied by employment services.

Domestic workers & the law Domestic workers, it would seem, are well covered by the legislation. Fundamental problem: based on “standard” employment, i.t.o. content of the law as well as employment, i.t.o. content of the law as well as institutional framework through which the law is applied. Result: non-standard workers including domestic workers fall through the cracks, leaving them exposed to abuse and exploitation.

What measures to promote decent work for domestic workers? A strategy for empowerment of domestic workers could be envisaged as a concerted effort by trade unions, academic institutions, international development agencies and NGOs, with the support of the DoL, to research and develop a programme capable of reaching the majority of domestic workers.

Strategies to promote decent work for domestic workers?  Regulation: objective of regulation in the domestic employment sector, as in other sectors, is to develop a culture of compliance - where compliance is the norm culture of compliance - where compliance is the norm for employers and workers.  Empowerment of marginalised workers, is important not only from a trade union perspective; it is part of the bigger picture of transformation envisaged by the Constitution.  Awareness raising about minimum standards for employers, workers and the public at large

Regulation of decent work for domestic workers ? The common aim should be to ensure that, through legislative and policy development,  Full effect is given to C189  Full effect is given to C189  The contribution of domestic workers to the national economy is recognised  Obstacles to the enjoyment of domestic workers’ basic rights are systematically identified and addressed, and  The lessons of international best practice are incorporated in law and practice.

Organising to promote decent work for domestic workers? Organisation that enables domestic workers to: o Understand their position and identify challenges o Be knowledgeable about their rights in law as workers and o Be knowledgeable about their rights in law as workers and citizens o Be knowledgeable about recourse to challenge violations of their rights o Articulate demands for change o Develop appropriate forms of organisation for pursuing those demands -

3. Does government (Department of Labour) have the capacity to implement measures to ensure decent work for domestic workers? The Understanding domestic work as decent (not Understanding domestic work as decent (not necessarily unskilled) work that deserves to be treated with respect is integral to achieving a culture of compliance.

Barriers to rights protection DOMESTIC WORKERS DOMESTIC EMPLOYERS 1. Lack of understanding of the social and 1. Undervaluing of domestic work economic value of domestic work 2. Individualised nature of the 2. Lack of recognition of the employment employment relation employment relation relationship relationship 3. Fear of losing their jobs if they complain 3. Lack of respect for the dignity of domestic workers 4. Lack of awareness of rights and 4. Lack of awareness of legal requirements obligations 5. Lack of effective organisation 5. Perception that enforcement is ineffective, therefore no need to comply