Migrant domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
(also known as foreign home care workers, foreign domestic workers, foreign domestic helpers, transnational domestic workers, foreign domestic employees, overseas domestic workers and domestic migrant workers) are, according to the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
’s
Convention No. 189 and the
International Organization for Migration
The International Organization for Migration (IOM) is a United Nations agency that provides services and advice concerning migration to governments and migrants, including internally displaced persons, refugees, and migrant workers.
The IOM was ...
, any persons "moving to another country or region to better their material or social conditions and improve the prospect for themselves or their family," engaged in a work relationship performing "in or for a household or households." Domestic work itself can cover a "wide range of tasks and services that vary from country to country and that can be different depending on the age, gender, ethnic background and migration status of the workers concerned." These particular workers have been identified by some academics as situated within "the rapid growth of paid domestic labor, the feminization of transnational migration, and the development of new public spheres." Prominent discussions on the topic include the status of these workers, reasons behind the pursue in this labour,
recruitment
Recruitment is the overall process of identifying, sourcing, screening, shortlisting, and interviewing candidates for jobs (either permanent or temporary) within an organization. Recruitment also is the processes involved in choosing individual ...
and employment practices in the field, and various measures being undertaken to change the conditions of domestic work among migrants.
Migrant domestic workers in the world
The status of migrant domestic workers is unique in the field of labor, due to the site of their employment: the home. The domestic sphere, by definition, "is imagined as a place for private individuals, not political or indeed market actors." Due to their embeddedness in what can be considered the "
private sphere The private sphere is the complement or opposite to the public sphere. The private sphere is a certain sector of societal life in which an individual enjoys a degree of authority, unhampered by interventions from governmental or other institutions. ...
", some analysts have gone so far as to equate domestic laborers with members of the employers’ families, a dynamic made all the more complex by these workers' status as migrants. Historically, they have not been regarded as the same form of labor as manufacturers or doctors. From the end of the
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
until the mid-1980s, for instance, "most ILO Conventions explicitly excluded domestic workers from the protections afforded by most employment Conventions."
The lack of knowledge concerning the composition of this workforce has been attributed to this historical lack of attention and
advocacy
Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...
. Current estimates place the number of domestics anywhere between 53 and 100 million. The
ILO
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and ol ...
, in 2010, projected the following distribution of domestic workers throughout the world:
Source: ''Domestic workers across the world: Global and regional statistics and the extent of legal protection'', International Labour Organization. Geneva. 2013
Domestic work is a highly gendered profession. Globally, 83% of domestic workers are women, of whom a majority are
women migrant workers. However, due, to "the heterogeneity, irregularity and invisibility of domestic and care work," statistics can never be comprehensive.
Relationship with international migration
The migration of domestic workers can lead to several different effects both on the countries that are sending workers abroad and countries that are receiving domestic workers from abroad. One particular relationship between countries sending workers and countries receiving workers is that the sending country can be filling gaps in labor shortages of the receiving country.
["Who needs migrant workers? Introduction to the analysis of staff shortages, immigration and public policy". Bridget Anderson and Martin Ruhs, Centre on Migration, Policy and Society (COMPAS) University of Oxford Working draft: 11 May 2009] This relationship can be potentially beneficial for both countries involved because the demand for labor is being met and fulfilled by workers' demand for jobs. This relationship however can prove to be quite complicated and not always beneficial. When unemployment in a receiving country rises migrant domestic workers are not only no longer needed but their presence can be detrimental to domestic workers of that country.
When international migration began to flourish the assumed migrant worker was typically considered to be a man. What studies are now starting to show is that women are dominating large numbers of the international migration patterns by taking up large percentages of domestic workers that leave their home country in search for work as a domestic laborer in another country.
Women who migrate to take up work as domestic workers are motivated by different reasons and migrate to a variety of different outcomes. While for many women, domestic work abroad is the only opportunity to find work and provide an income for their families, domestic labor is a market they are forced to enter due to blocked mobility in their homelands. Additionally, migrant domestic workers often have to face the stress of leaving family members behind in their home countries while they take up work abroad. Upward mobility is particularly difficult for migrant domestic workers because their opportunities are often limited by their illegal status putting a very definite limitation on the work that is available to them as well as their power to negotiate with employers
["Ways to Come, Ways to Leave: Gender, Mobility, and Il/legality among Ethiopian Domestic Workers in Yemen", ''Gender & Society''; 2010 24: 237, Marina De Regt]
Advocacy for migrant workers
Some argue that personal sacrifices of domestic workers has helped to underpin economic and social development globally. Ariel Salleh's article "Ecological Debt: Embodied Debt", defines embodied debt as "debt owed by the Global North and Global South to the 'reproductive workers' who produce and maintain the new labour force." According to the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
(ILO), women constitute 80% of domestic workers. The substantially high percentage of women in domestic work some argue results from this sector's association with motherhood, leading to an assumption that domestic work is by nature the work of females. In support, some argue that because domestic work occurs within the private sphere, which is seen as inherently feminine. This argument goes that the constructed link between domestic work and femininity carries the implication that it is often referred to as 'domestic help,' and that domestic workers are referred to as 'nannies' or 'maids.' At least one author has argued that use of language compounded with the association with domestic work with femininities contributes to the exclusion of domestic work from the majority of national labour laws.
Due to a lack of economic opportunity in the Global South, many women with families leave their countries of origin and their own families to pursue work in the Global North. When they arrive in their country of destination, their work often entails caring for another family (including children and the elderly). Domestic workers often migrate to financially support their immediate family, extended family, and even other members of their community. While enduring dangerous and demeaning working and living conditions in the North, the majority of their wages are remitted to their countries of origin.
An additional argument has been made that because their work takes place within the private sphere, they are often rendered invisible and employers are able to withhold their travel documents, confining them to their employers' home and inhibiting their access to legal redress. Those making this argument assert that the result of what they refer to as a power dynamic and an asserted lack of labour rights, is that domestic workers are often forbidden to contact their families and often go months, years, and even decades without seeing their families, whose lives their remittances are supporting.
Further, it has been argued that their ability to fill labour shortages and accept positions within the reproductive labour force that citizens of their host countries would reject underpins the development of the global capitalist system, Simultaneously, and that they are enabling the beneficiaries of their remittances in the South to ascend the social ladder. To some, these arguments lead to a conclusion that both circumstances in the North and South constitute embodied debt through the improvement of one's life at the expense of another's hardship, and that the labour of such workers is too often not seen as work, due to the association of their gendered bodies with reproductive labour.
However, on June 17, 2011, after 70 years of lobbying by civil society groups, the ILO adopted a convention with the aim of protecting and empowering domestic workers. Much of lobbying that contributed toward the ratification of ILO C189 was done by domestic workers groups, demonstrating that they are not merely victims but agents of change. That only two labour receiving countries have ratified the convention has been argued by some to demonstrates the reluctance of governments to acknowledge what such advocates see as a debt owed by society to such workers and to repay that perceived debt.
Such advocates assert that the ratification and enforcement of ILO C189 would mean that migrant domestic workers would enjoy the same labour rights as other more 'masculine' fields as well as the citizens of their destination countries. An incomplete list of basic rights guaranteed by ILO C189 under Article 7 includes: maximum working hours; fixed minimum wages; paid leave; provision of food and accommodation; and weekly rest periods. Guaranteeing these rights to migrant domestic workers would not constitute repayment the embodied debt owed to them, but they are entitled to these rights as they are both workers and human beings.
Regulations and conventions
The fact that domestic work is often relegated to the
private sphere The private sphere is the complement or opposite to the public sphere. The private sphere is a certain sector of societal life in which an individual enjoys a degree of authority, unhampered by interventions from governmental or other institutions. ...
, coupled with the sometimes-illegal status of these migrants, has created a sparse regulatory environment. As cited above, for example, the ILO had purposefully excluded domestic workers from their labor regulations. However, increasing advocacy, coupled with the increasingly transnational element of domestic work prompted the drafting of Convention 189, "Domestic Workers Convention, 2011," which mandated rest hours, a minimum wage, some freedom of movement, a clearly worded working contract before migrating, and a right to live outside of their workplace. Though this convention passed with a majority of votes, it has thus far only been ratified by
Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
and the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
, both net sending countries. The ILO is not the only international organization attempting to regulate this field, however. The
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
drafted a resolution, submitted to the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
, calling for domestics’ inclusion in future labour legislation, to take into account their unique work environment, and give training,
social security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
, and set work hours to domestic workers. This has yet to be adopted or change international regulation, though. As such, the regulation of migrant domestic labor is left to individual states, which, as will be examined, has led to abuses.
Drivers for demand and supply for migrant domestic workers
Supply
Starting in the mid-19th century, the employment of a
domestic worker
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
became a
status symbol
A status symbol is a visible, external symbol of one's social position, an indicator of economic or social status. Many luxury goods are often considered status symbols. ''Status symbol'' is also a sociological term – as part of social and soci ...
for bourgeois households and a civilizing mission to young female servants coming from the countryside in search for education, lodging and income. The character of this
migration
Migration, migratory, or migrate may refer to: Human migration
* Human migration, physical movement by humans from one region to another
** International migration, when peoples cross state boundaries and stay in the host state for some minimum le ...
changed around the start of the 20th century, when maids were recruited to work overseas as part of
racial purity
The term racial hygiene was used to describe an approach to eugenics in the early 20th century, which found its most extensive implementation in Nazi Germany (Nazi eugenics). It was marked by efforts to avoid miscegenation, analogous to an animal ...
policies, which involved providing suitable brides for the male settlers.
Changes in roles and social aspirations of middle-class women are perceived to have intensified the admission of women into waged work. From an economic perspective, freeing these middle and
upper-class
Upper class in modern societies is the social class composed of people who hold the highest social status, usually are the wealthiest members of class society, and wield the greatest political power. According to this view, the upper class is gen ...
women from
household chores
Housekeeping is the management and routine support activities of running an organised physical institution occupied or used by people, like a house, ship, hospital or factory, such as tidying, cleaning, cooking, routine maintenance, shopping, ...
allowed them to engage in more productive activities; families’ real income thus increases along with their general
welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
.
Escaping hardship
Women migrating into private households thousands of miles away from their country of origin are motivated to do so by the search for better salaries and also that their prospects will improve in the destination countries. These women are frequently escaping
violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...
,
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
,
corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
,
natural disasters
A natural disaster is "the negative impact following an actual occurrence of natural hazard in the event that it significantly harms a community". A natural disaster can cause loss of life or damage property, and typically leaves some econo ...
and long-term economic instabilities or
poverty
Poverty is the state of having few material possessions or little income. Poverty can have diverse social, economic, and political causes and effects. When evaluating poverty in ...
in general.
Remittances
Because these workers'
remittances are a source of revenues for their countries of origin, some countries actively encourage their female workers to migrate abroad for
domestic work
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
as a key
development
Development or developing may refer to:
Arts
*Development hell, when a project is stuck in development
*Filmmaking, development phase, including finance and budgeting
*Development (music), the process thematic material is reshaped
* Photograph ...
strategy, offsetting
unemployment
Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is people above a specified age (usually 15) not being in paid employment or self-employment but currently available for Work (human activity), w ...
problems, while growing the economy through accumulating
foreign-exchange reserves
Foreign exchange reserves (also called forex reserves or FX reserves) are cash and other reserve assets such as gold held by a central bank or other monetary authority that are primarily available to balance payments of the country, influence ...
. Migrant domestic workers tend to replace the native peers of the host country, and displace them towards other (usually more productive) activities.
Brain waste
Migrant domestic workers are, on average, better educated than their domestically sourced counterparts. Undocumented migrants can become
domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
, not only due to demand but also to a lack of access to the formal labor market, language barriers, a lack of
social capital
Social capital is "the networks of relationships among people who live and work in a particular society, enabling that society to function effectively". It involves the effective functioning of social groups through interpersonal relationships ...
(networks), or technical barriers that impede their labor market integration. Some of these workers even hold advanced degrees, but, as their educational credentials are not accepted in the host country, or they are not legally qualified to work in their field, they are not able to find work that would comply with their level of education. The status afforded to highly educated migrants, however, is often more sought after, especially in the field of
child care
Child care, otherwise known as day care, is the care and supervision of a child or multiple children at a time, whose ages range from two weeks of age to 18 years. Although most parents spend a significant amount of time caring for their child(r ...
, as both an asset and a symbol of status for the employer.
Nevertheless, the insufficiency of state-supported care facilities under the auspices of the
welfare state
A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equitabl ...
and an increasingly aging population created a demand for
domestic work
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
, particularly in
OECD
The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate e ...
countries. This so-called ‘care crisis’ has been one of the motors of the
feminization of migration Women migrant workers from developing countries engage in paid employment in countries where they are not citizens. While women have traditionally been considered companions to their husbands in the migratory process, most adult migrant women today ...
, as it has opened up labor opportunities for women in the area of
care work
Care work is a sub-category of work that includes all tasks that directly involve care processes done in service of others. It is often differentiated from other forms of work because it is considered to be intrinsically motivated. This perspectiv ...
.
Demand
Cost and flexibility
Institutional arrangements contribute to making migrant domestic workers cost less to employers than their native counterparts. Due to the largely undocumented or informal nature of their employment, migrants are not automatically entitled to
social benefits
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
(
health care
Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...
, etc.), reproductive, and family rights (e.g., family unification). In countries such as
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, even through
formal employment arrangements, employers are not required to pay
minimum wages
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Bec ...
to
migrant workers
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have the intention to stay permanently in the country or region in which they work.
Migrant workers who work outsi ...
. This legal vulnerability found in the case of
undocumented immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwar ...
is also often cited as a reason for non-payment for services provided.
In terms of working conditions, research on the perception of employers in the UK found that migrants were seen to be more likely to live in and perceived as more ‘flexible’ both in terms of tasks performed and of working hours, another motive for hiring this type of worker. Additionally, in case of formal, legal arrangements, some
immigration law
Immigration law refers to the national statutes, regulations
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the ...
gives the employers control over workers’ mobility during the period of the contract; this is seen as an offset to the fact that
domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
in that
labor market typically experience high
turnover.
Discipline and "loyalty"
Migrant domestic workers tend to shy away from authorities and
social services
Social services are a range of public services intended to provide support and assistance towards particular groups, which commonly include the disadvantaged. They may be provided by individuals, private and independent organisations, or administe ...
, due in some part to their status as undocumented and mostly women. Additionally, research has shown that the perception exists on the part of the workers that they are being afforded some form of protection by their employers, which, thus, demands a projection of
gratitude
Gratitude, thankfulness, or gratefulness is from the Latin word ''gratus,'' which means "pleasing" or "thankful." Is regarded as a feeling of appreciation (or similar positive response) by a recipient of another's kindness. This can be gifts, h ...
and
courtesy
Courtesy (from the word ''courteis'', from the 12th century) is gentle politeness and courtly manners. In the Middle Ages in Europe, the behaviour expected of the nobility was compiled in courtesy books.
History
The apex of European courtly c ...
in their attitude.
This is exemplified by the fact that, in some cases,
domestic work
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
may be considered a viable alternative to
sex work
Sex work is "the exchange of sexual services, performances, or products for material compensation. It includes activities of direct physical contact between buyers and sellers as well as indirect sexual stimulation". Sex work only refers to volunt ...
for a female
illegal immigrant. The pressure to send
remittances from abroad to the source country is felt more strongly by these women, who tend to remit a greater proportion of their
income
Income is the consumption and saving opportunity gained by an entity within a specified timeframe, which is generally expressed in monetary terms. Income is difficult to define conceptually and the definition may be different across fields. For ...
than their male counterparts. Their wages are also used to pay back
recruitment
Recruitment is the overall process of identifying, sourcing, screening, shortlisting, and interviewing candidates for jobs (either permanent or temporary) within an organization. Recruitment also is the processes involved in choosing individual ...
agencies and cover basic costs of family members in their home communities, including their
health care
Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...
and
education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...
. This, in a way, binds them to their jobs and is a disincentive to
repatriate
Repatriation is the process of returning a thing or a person to its country of origin or citizenship. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as to the pro ...
or quit.
When they are required to be officially sponsored, such as in the
Kafala system
The kafala system (also spelled "kefala system"; ar, نظام الكفالة, niẓām al-kafāla; meaning "sponsorship system") is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf ...
of some
Middle Eastern countries, the migrant domestic worker becomes legally and economically bound to their sponsor, creating an environment in which these particular workers are encouraged to be more loyal and more under the control of their employer.
Racial stereotypes of "ideal" domestic workers
Many individual employers reportedly express a preference for
domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
with (assumed or real)
behavioural
Behavior (American English) or behaviour (British English) is the range of actions and mannerisms made by individuals, organisms, systems or artificial entities in some environment. These systems can include other systems or organisms as wel ...
,
cultural
Culture () is an umbrella term which encompasses the social behavior, institutions, and Social norm, norms found in human Society, societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, and habits of the ...
,
linguistic
Linguistics is the scientific study of human language. It is called a scientific study because it entails a comprehensive, systematic, objective, and precise analysis of all aspects of language, particularly its nature and structure. Linguis ...
or
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
traits thought to influence the quality of service provided. Research of the perceptions of employers have shown that
racial stereotypes
An ethnic stereotype, racial stereotype or cultural stereotype involves part of a system of beliefs about typical characteristics of members of a given ethnic group, their status, societal and cultural norms. A national stereotype, or nation ...
identify certain nationalities as ideal
domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
. In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, for instance,
Mexican maids
A maid, or housemaid or maidservant, is a female domestic worker. In the Victorian era domestic service was the second largest category of employment in England and Wales, after agricultural work. In developed Western nations, full-time maids ...
and
Peruvian
Peruvians ( es, peruanos) are the citizens of Peru. There were Andean and coastal ancient civilizations like Caral, which inhabited what is now Peruvian territory for several millennia before the Spanish conquest in the 16th century; Peruvian p ...
nannies
A nanny is a person who provides child care. Typically, this care is given within the children's family setting. Throughout history, nannies were usually servants in large households and reported directly to the lady of the house. Today, modern ...
are seen as ‘
submissive
Deference (also called submission or passivity) is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior, out of re ...
’ workers and ‘natural mothers’ respectively. These perceptions play out in the levels of compensation for these workers. In the
United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at th ...
, for instance, a college-educated
domestic
Domestic may refer to:
In the home
* Anything relating to the human home or family
** A domestic animal, one that has undergone domestication
** A domestic appliance, or home appliance
** A domestic partnership
** Domestic science, sometimes c ...
worker from the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
is seen as more of a status symbol and earns significantly more than her equally skilled counterpart from
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
; this disparity is attributed in the literature to
racial
A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of variou ...
and socioeconomic assumptions on the part of employers.
Recruitment of migrant domestic workers
East
The high
demand
In economics, demand is the quantity of a good that consumers are willing and able to purchase at various prices during a given time. The relationship between price and quantity demand is also called the demand curve. Demand for a specific item ...
for foreign domestic workers in the
Arab states
The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...
has created a flourishing and profitable market for private
employment agencies
An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency.
Public employment agencies
One ...
and informal
brokers
A broker is a person or firm who arranges transactions between a buyer and a seller for a commission when the deal is executed. A broker who also acts as a seller or as a buyer becomes a principal party to the deal. Neither role should be confu ...
that
supply
Supply may refer to:
*The amount of a resource that is available
**Supply (economics), the amount of a product which is available to customers
**Materiel, the goods and equipment for a military unit to fulfill its mission
*Supply, as in confidenc ...
labour from many countries, mainly Asian and African source countries. Statistics from the International Federation of Private Employment Agencies (CIETT) show that 34 per cent of the world’s 72,000 private employment agencies are based in the
Asia-Pacific
Asia-Pacific (APAC) is the part of the world near the western Pacific Ocean. The Asia-Pacific region varies in area depending on context, but it generally includes East Asia, Russian Far East, South Asia, Southeast Asia, Australia and Pacific Isla ...
region and 8 percent in
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
, though most of these agencies are temporary staffing agencies that are not involved in cross-border migration. Local recruiters trawl through villages and portray pictures of promising working environment, success and profitable income in urban centers or rich countries abroad. They have been known to promise recruits income to help them build in their native countries or, for younger recruits, the opportunity to continue their education abroad. Labor recruiters and agencies undergo scant monitoring, and in most countries, few regulations exist to control the recruitment fees charged to workers.
Private recruitment agencies orchestrate much of the migration process from pre-departure to the return. They provide information, financial and logistical support; however, migrant domestic workers’ dependence on private agencies for so many services create many opportunities for exploitation and abuse.
According to
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
, there exist frequent irregularities concerning these intermediaries (i.e., recruiters and agents in sending and receiving countries). Therefore, the inconsistencies, between regulations in source and destination countries, as well as loopholes in existing laws and regulations create opportunities for unscrupulous agencies to exploit the system. Intermediaries who provide services to facilitate the migration process have been indicated to be important perpetrators of
exploitation
Exploitation may refer to:
*Exploitation of natural resources
*Exploitation of labour
** Forced labour
*Exploitation colonialism
*Slavery
** Sexual slavery and other forms
*Oppression
*Psychological manipulation
In arts and entertainment
*Exploi ...
of women migrant workers. Taking advantage of migrants’ desperation to find work, agents and employers have been accused of shifting the burden of recruitment fees, including airfare, visas, and administrative fees, on to the workers themselves, while employers pay a
nominal fee
A nominal fee refers to a sale of a good or service for far less than it is actually worth, when it cannot be given away for free. Typically, such a sale will be for the smallest full denomination of a currency (for example, one dollar). Nominal f ...
. This creates a heavy
debt
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
burden on international migrant domestic workers. Many Indonesian domestic workers migrating to
Persian Gulf
The Persian Gulf ( fa, خلیج فارس, translit=xalij-e fârs, lit=Gulf of Persis, Fars, ), sometimes called the ( ar, اَلْخَلِيْجُ ٱلْعَرَبِيُّ, Al-Khalīj al-ˁArabī), is a Mediterranean sea (oceanography), me ...
countries take out loans from local moneylenders with interest rates as high as 100 percent to pay these fees, while those traveling to
Asia
Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...
typically use a "fly now, pay later" scheme.
For example, in Singapore and Hong Kong, Indonesian migrant domestic workers often spend up to 10 months out of a two-year contract without a salary, since they must turn over these wages to repay their recruitment fees.
The resulting financial pressure makes it difficult for workers to report abuse for fear of losing their jobs and having no way to pay off their debts. Experience has shown that bans on the recruitment and deployment of migrant workers, which often affect domestic workers disproportionally, are difficult to enforce and drive the recruitment process further underground. In addition, the extravagant fees charged by recruiting agencies and the weak legal system in the countries in question establish the path for non-registered recruiters and brokers to engage in
trafficking
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations.
There are various ...
of migrants for domestic work.
Kafala system
In the Arab countries, recruiters match domestic workers with their employers through the
kafala system
The kafala system (also spelled "kefala system"; ar, نظام الكفالة, niẓām al-kafāla; meaning "sponsorship system") is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf ...
or sponsorship system. This system binds domestic workers’ visa and legal status directly to a kafl (or sponsor), who maintains control over her mobility for the duration of her stay in the host country. Consequently, migrant domestic workers cannot change their place of employment without obtaining prior approval from their employer-sponsor. The kafala system over the years has been credited with the "privatization of regional migration", creating unequal working conditions and violations of rights of migrant domestic workers. In some places, like the UAE, the government or the media does not show the full picture. For example, labour camps in Dubai, UAE do not have proper conditions for the workers and if they protest they can be deported if they are foreigners. In the 1990s,
Sarah Balabagan
Sarah Balabagan-Sereno (born March 8, 1979) is a Filipina who was imprisoned in the United Arab Emirates from 1994 to 1996 for murder. She was initially sentenced to death, but was later returned to the Philippines. Her story was made into a fil ...
a foreign domestic worker was sparred the death penalty, after it was established that she killed her abusive employer to protect herself.
West
In the
Western world
The Western world, also known as the West, primarily refers to the various nations and state (polity), states in the regions of Europe, North America, and Oceania. , the employment of migrant domestic workers differs from the predominant hiring and recruiting trends in the East. In Europe, migration has followed a pattern from East to West, that is from Eastern Europe to Western, Southern and Northern Europe and from South to North, from Latin America, Asia and Africa to the EU countries. The demand for migrant domestic workers has been credited to the welfare system of these countries. In order to enable female nationals to ‘reconcile’ care work and a working life, some European states have installed a quota system for the recruitment of domestic workers (Spain, Italy, Greece), which allows employers to recruit workers from abroad under specific criteria, or they have opened their borders to these workers (Britain and Ireland with the domestic worker visa
). Others, such as Germany, the Nordic States, and the Netherlands, have hardly acknowledged the need for migrant domestic workers, let alone included this need in their managed migration policies. United States and Canada have adopted migrant programs such as
Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
The Immigration Reform and Control Act altered U.S ...
IRCA and
Live-In Caregiver A professional live-in caregiver provides personal care and assistance to individuals, including those suffering from chronic illness, Alzheimer’s disease, and dementia, within the home setting. Typical duties of a live-in caregiver include meal p ...
program, respectively, in order to facilitate the employment of migrant domestic workers.
Informal economy
The high demand for domestic care, along with different social
welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
structures, together with restrictive
migration
Migration, migratory, or migrate may refer to: Human migration
* Human migration, physical movement by humans from one region to another
** International migration, when peoples cross state boundaries and stay in the host state for some minimum le ...
policies, has led to an extensive informal domestic services market with a high percentage of undocumented foreign workers in Western countries. For this reason, despite the IRCA's intent to limit
illegal migration, it has been accused of promoting the undocumented immigration of women.
The employment of domestic migrant workers in these countries is known to be based on social capital. There are three entrance doors through which women enter the domestic sector. First, there is the "co-Optation modality" whereby women channel each other into each other into employment positions, by mainly relying from the moment of arrival on
social networks
A social network is a social structure made up of a set of social actors (such as individuals or organizations), sets of dyadic ties, and other social interactions between actors. The social network perspective provides a set of methods for an ...
made-up of family members, friends and/or acquaintances who connect them with potential employers in the country. Second, there is "freelance domestic worker" by building her own clientele through newspapers and magazines job offers, distributing cards offering services in residential areas. Finally, there is the "communitarian social network", which unlike co-Optation,is formed after migration. Religious networks (i.e., churches) are extremely important in network-building of many female immigrants. This entrance door is rarely used upon arrival as it requires the formation of new contacts amongst immigrants.
Vulnerability to abuse
Although the working conditions of migrant domestic workers are also dependent on regional and country specific factors, several global commonalities render these workers vulnerable to
abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
.
Risks of abuse during recruitment and travel
Recruitment agencies and other intermediaries often do not inform migrant domestic workers about their rights in their future employment and about the mechanisms available to them in order to report abuse.
Advertising non-existent domestic jobs and forcing migrants to pay high fees are daily risks migrant domestic workers face. In transit to the country of employment, female workers are particularly vulnerable to physical and sexual harassment and abuse.
Social isolation
Regardless of their country of employment, migrant domestic workers experience social isolation from the local community, as well as from their home community, resulting from the move to a different country. Since they typically leave their families behind, migrant domestic workers are separated physically from their social network, including their children and close relatives, which contributes to their
social isolation
Social isolation is a state of complete or near-complete lack of contact between an individual and society. It differs from loneliness, which reflects temporary and involuntary lack of contact with other humans in the world. Social isolation c ...
. The language and cultural barriers further complicate this transition and make it difficult for these workers to connect with the local population.
[''Ibid.''] Due to the
language barrier
A language barrier is a figurative phrase used primarily to refer to linguistic barriers to communication, i.e. the difficulties in communication experienced by people or groups originally speaking different languages, or even dialects in some ...
, migrant domestic workers know little to nothing about the local laws to protect themselves from abuse in the work place. This prevents them from raising awareness about their working conditions and from forming collective action.
Negative perceptions of migrant domestic workers
In addition to their social isolation, the international community often negatively characterizes these workers and their profession as culturally inferior.
In many countries, migrant domestic workers have a reputation for being "unskilled, low-end and expendable," which contributes to their vulnerability to abuse and exploitation. In February 2020, A former policewoman was sentenced to two weeks' jail after pleading guilty to two charges of assaulting her domestic worker. In September 2020 the son of the Singapore employer of a Filipina maid had committed an offence under the
Protection from Harassment Act whereby the accused had stated "she was only a maid, was poor and had no right to be in Singapore". Similarly, one Singaporean woman was angry at her domestic help and accused her of being a prostitute and trying to sleep with her husband.
Gender stereotypes
A gender role, also known as a sex role, is a social role encompassing a range of behaviors and attitudes that are generally considered acceptable, appropriate, or desirable for a person based on that person's sex. Gender roles are usually cente ...
and bias also add to their negative perception, particularly in the case of female domestic migrant workers who experience "disadvantages arising from their gender and the low social status assigned to domestic work."
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
is not only limited to gender, but also extends to race, class and ethnicity.
Working conditions
Migrant domestic workers’ working conditions further exacerbate their exposure to abuse, which largely arises out of their informal status in the economy. Since their work primarily takes place in private households, they are invisible from the formal labor structures, hidden from the public. As a result, they cannot defend their rights and unions cannot represent them. The informal nature of domestic work, often results in exploitative and harsh forms of labor, exposing these workers to
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
abuses.
Due to poor – in many cases none – regulation, migrant domestic workers face "excessive hours, physical and sexual abuse, forced labor and confinement."
In many countries, this also includes foregoing wages and paying
debt bondage
Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, the pe ...
.
Bonded labor occurs when the migrant domestic worker is required to pay off transportation and recruitment costs, as well as agent commission fees. According to the ILO, 20.9 million persons work as forced labor in the world, of which domestic work represents the biggest proportion, affecting migrant domestic workers around the world. In some countries, these migrants work under slavery-like conditions, trapping them in their employment, and they can be susceptible to food deprivation and, in extreme cases, even death.
Even when the workers are paid, it is not always sufficient to provide for themselves and their families.
Confinement and restrictions on their freedom of movement because of their harsh working conditions also contribute to their social isolation and their further exposure to abuse.
Since migrant domestic workers have little to no opportunity to demand better working conditions through unions and legal protection, they often receive few, if any, social benefits.
This includes insufficient rest time and little to no opportunities to visit their relatives during medical emergencies, and no pension.
Dependency on the employer
Migrant domestic workers can become extremely dependent on their employers through all of the aforementioned risks.
In many cases, employers will withhold their immigration papers and confiscate their passports, which adds to their dependency and helplessness.
This makes it difficult for migrant domestic workers to contact law enforcement officials in order to report abusive working conditions.
Additionally, "the absence of work contracts and the fact that in many countries domestic employment is not recognized in labor legislation allows employers to impose working conditions unilaterally."
Employers frequently consider their migrant domestic workers as their property or do not treat them as "proper" employees.
Sometimes their place of work is also their shelter, making migrant domestic workers dependent on their employers.
Lasting effects of abuse
Even when migrant domestic workers return to their native countries, abuse experienced during their domestic employment abroad can have lasting effects. Workers often do not have access to support mechanisms and do not have the possibility to seek legal counsel due to their informal status during their period of employment.
Improving the conditions of migrant domestic workers
Challenges to collective action
Migrant domestic workers, due to the nature of their work and to their status as
migrants, or irregular migrants, are subject to a number of challenges that prevent
collective action
Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psych ...
and claims for
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
. The same factors that make migrant domestic workers vulnerable to abuse
[Schwenken, "RESPECT for All: The Political Self-Organization of Female Migrant Domestic Workers in the European Union," 45.] also prevent them from developing
social networks
A social network is a social structure made up of a set of social actors (such as individuals or organizations), sets of dyadic ties, and other social interactions between actors. The social network perspective provides a set of methods for an ...
and coordinating action.
Moreover, domestic workers more generally cannot employ tactics used by other workers in organizations, such as
strike action
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to Labor (economics), work. A strike usually takes place in response to grievance (labour), employee grievance ...
, if they live in their employer’s home.
Beyond these structural issues, states are also partially responsible for preventing
collective action
Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psych ...
, with some countries imposing limitations on movement and organization. In fact domestic migrant workers are prohibited from creating or joining
trade unions
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...
in a number of countries around the world.
[CLAIMING RIGHTS Domestic Workers’ Movements and Global Advances for Labor Reform, 24.] Non-governmental organization (NGO) activity has also been constrained by state action, with barriers to registration or prohibition of "political activity."
Efforts by intergovernmental and non-governmental organizations
International organizations have helped raise awareness about the plight of migrant domestic workers by issuing reports, launching programs and discussing issues surrounding migrant domestic work.
The
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
(ILO) has stressed the importance of legal standards for workers and migrants. It has more specifically addressed states’ lack of protection for migrant domestic workers during its June 2004 Congress and during a High-Level Panel Discussion in 2013. The
ILO
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and ol ...
has also launched the Global Action Programme on Migrant Domestic Workers and their Families, undertaken studies in and guidelines for foreign domestic workers in specific countries and published a report making note that female migrant workers constituted the main demographics in the sector of domestic work.
Other
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
agencies have addressed migrant domestic work, with the
United Nations Development Fund for Women
The United Nations Development Fund for Women (UNIFEM, french: Fonds de développement des Nations unies pour la femme, ) was established in December 1976 originally as the Voluntary Fund for the United Nations Decade for Women in the International ...
(UNIFEM) attempting to facilitate dialogue between countries to establish agreements that recognize migrant workers’ rights protection, and the
United Nations Population Fund
The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN agency aimed at improving reproductive and maternal health worldwide. Its work includes developing national healthcare strategies ...
(UNFPA) releasing a report highlighting the gendered aspects of migration.
In terms of efforts to address the problem of private recruitment, the International Confederation of Private Employment Agencies, or Ciett, has created standards for recruitment in its code of conduct that are consistent with the ILO's Convention 181. Ciett's code reaches 47 national federations of private employment agencies and 8 of the largest staffing companies worldwide.
Collaborative works have also been published, including a manual by the International Domestic Workers Network and the
ILO
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and ol ...
, geared to both national and migration domestic workers in Asia and the Pacific, and a report by
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, along with the International Domestic Workers’ Network and The
International Trade Union Confederation
The International Trade Union Confederation (ITUC); german: Internationaler Gewerkschaftsbund (IGB), link=no; es, Confederación Sindical Internacional (CSI), link=no. is the world's largest trade union federation.
History
The federation w ...
.
Strategies by civil society to address issues faced by migrant domestic workers
Advocacy efforts have evolved from fighting to "recognize the position of paid domestic workers" to addressing work conditions and forms of abuse. Through time, a number of strategies have been used by international and civil society organizations in the hopes of improving the conditions surrounding migrant domestic work. These have included conventional means of mobilizing, such as rallies,
protests
A protest (also called a demonstration, remonstration or remonstrance) is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one.
Protests can be thought of as acts of coopera ...
and public campaigns to raise awareness or improve migrant domestic workers’ conditions.
[Agency for Fundamental Rights, Migrants in an Irregular Situation Employed in Domestic Work, 43.][Lan, "Political and Social Geography of Marginal Insiders," 120.] Lobbying, at both the national and supranational levels to modify laws
[Schwenken, "RESPECT for All: The Political Self-Organization of Female Migrant Domestic Workers in the European Union," 50.] or by trade unions attempting to change the irregular status of migrant domestic workers has been used as a tactic.
Civil society
Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.[awareness raising
Consciousness raising (also called awareness raising) is a form of activism popularized by United States feminists in the late 1960s. It often takes the form of a group of people attempting to focus the attention of a wider group on some cause o ...]
has also been used as a strategy, serving in some cases to transform the public view on migrant domestic workers with the hope of stigmatizing abuse against and encouraging respect toward migrant domestic workers at the national level. Educational efforts have also been used to inform women of their rights in countries where laws outlining employers’ obligations do exist. Due to the difficulties in mobilizing domestic workers, initiatives to raise awareness and inform migrant workers of their rights has not always been undertaken in institutionalized manners, but rather through informal means, such as planned encounters in public spaces that migrant domestic workers are known to frequent.
Language and
discourse
Discourse is a generalization of the notion of a conversation to any form of communication. Discourse is a major topic in social theory, with work spanning fields such as sociology, anthropology, continental philosophy, and discourse analysis. ...
represent another component in advocacy efforts for migrant domestic workers. Certain organizations and institutions, have, for example, taken the approach of promoting social and economic benefits of domestic work by migrants to private household and society at large. Groups have also employed
women’s rights
Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, ...
,
workers’ rights[Schwenken, "RESPECT for All: The Political Self-Organization of Female Migrant Domestic Workers in the European Union," 49.] and
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
language
in their discourse. Moreover, groups addressing migrant domestic workers have tied
abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
against migrant domestic workers at the national level to campaigns against abuse at the global level, to wider issues of abuse against women more generally, to
human trafficking
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extrac ...
and domestic
slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
,
and to neoliberal globalization.
[Elias, "Struggles over the Rights of Foreign Domestic Workers in Malaysia," 289.] Migrant domestic groups have also created coalitions with other organizations such as
feminist
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
groups,
labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the la ...
groups, groups for immigrant rights,
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
,
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
organizations, and
trade unions
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...
.
In fact, given these domestic workers come from abroad, there were a number of "cross-border alliances" created.
While women’s rights has been alluded to in some
advocacy
Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...
initiatives and that "cross-border exchanges strengthened the momentum in the development of transnational advocacy of worker rights as a gender-based concern," the intersection between migrant domestic work and gender in advocacy has not been consistent. Some organizations may consider themselves "feminist"
or emphasize the gender dimension of their work, while others may not wish to associate migrant domestic workers’ with feminist issues.
Given that the nature of domestic work poses challenges in mobilizing large groups of migrant workers, other tactics have been used to cater to and improve the situation of these migrants. These strategies have included providing support and services to these workers, with groups offering shelter, food, clothing,
legal advice
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a p ...
and assistance, as well as counselling.
These groups have additionally been required to tailor their human resources and materials in order to ensure accessibility by communicating in a language understood by these foreign employees.
Resistance and agency by migrant domestic workers
Despite the challenges to
collective action
Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psych ...
and
advocacy
Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...
, some works have shown that migrant domestic workers do communicate with and inform each other as well as engage in forms of resistance against their employers. During their time off work, migrant domestic workers "reclaim their
identities" through their attire and can ridicule their employers in their absence. They also find ways to communicate with others and as such "attempt to build
communities
A community is a Level of analysis, social unit (a group of living things) with commonality such as place (geography), place, Norm (social), norms, religion, values, Convention (norm), customs, or Identity (social science), identity. Communiti ...
"
[Lan, "Political and Social Geography of Marginal Insiders," 121.] or learn about ways to improve their own working conditions by making use of information and communication technology
or by undertaking discussions from their balcony with passersby and domestic workers from neighbouring apartments.
Some domestic workers invest efforts to improve their own welfare or further challenge their employers’ authority by using
emotion
Emotions are mental states brought on by neurophysiological changes, variously associated with thoughts, feelings, behavioral responses, and a degree of pleasure or displeasure. There is currently no scientific consensus on a definition. ...
to capitalize on their employers’
guilt
Guilt may refer to:
*Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard
*Culpability, a legal term
*Guilt (law), a legal term
Music
*Guilt (album), ''Guilt'' (album), a 2009 album by Mims
*Guilt ( ...
and
sympathy
Sympathy is the perception of, understanding of, and reaction to the distress or need of another life form. According to David Hume, this sympathetic concern is driven by a switch in viewpoint from a personal perspective to the perspective of ano ...
for monetary gain, refusing to participate in "extracurricular work" such as family dinners, emphasizing "
status
Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to:
* Status (law)
** City status
** Legal status, in law
** Political status, in international law
** Small entity status, in patent law
** Status conference ...
similarity" between themselves and their employers, or refusing to accept statements by their employer that could be offensive to migrant domestic workers. Resistance can be found in ordinary activities such as eating a croissant in front of her employer but also by attending and organising political rallies and engaging in activism.
Best practices
In addressing issues faced by migrant domestic workers, some countries have ratified the Domestic Workers Convention
[CLAIMING RIGHTS Domestic Workers’ Movements and Global Advances for Labor Reform, 8–9.] or have adapted their national legislations by implementing minimum rest requirements or
wages
A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
.
Country-specific initiatives have also been introduced. These have included a
Code of Conduct
A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.
Companies' codes of conduct
A company code of conduct is a set of rules which is commonly writt ...
in Lebanon for recruiting migrant domestic workers, subsidies for assistance offered to migrant workers in
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
,
or mandating certain government agencies with the task of overseeing the treatment of their nationals working as domestic workers in other countries, as it was done in the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
. Finally, there are governments, notably in
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
, which allow for migrant domestic workers to join or start
trade unions
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...
.
[Agency for Fundamental Rights, Migrants in an Irregular Situation Employed in Domestic Work: Fundamental Rights Challenges for the European Union and Its Member States (Luxembourg: Publ. Off. of the European Union, 2011), 35-36.]
See also
*
Care work
Care work is a sub-category of work that includes all tasks that directly involve care processes done in service of others. It is often differentiated from other forms of work because it is considered to be intrinsically motivated. This perspectiv ...
*
Convention on domestic workers
The Convention on Domestic Workers, formally the Convention concerning Decent Work for Domestic Workers is a convention setting labour standards for domestic workers. It is the 189th ILO convention and was adopted during the 100th session of the ...
*
Foreign domestic helpers in Hong Kong
Foreign domestic helpers in Hong Kong () are domestic workers employed by Hongkongers, typically families. Comprising five percent of Hong Kong's population, about 98.5% of them are women. In 2019, there were 400,000 foreign domestic helpers ...
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Domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
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Domestic worker
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
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Migrant worker
A migrant worker is a person who Human migration, migrates within a home country or outside it to pursue work. Migrant workers usually do not have the intention to stay permanently in the country or region in which they work.
Migrant worker ...
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Modern Slavery Act 2015
The Modern Slavery Act 2015 is an Act of the Parliament of the United Kingdom. It is designed to combat modern slavery in the UK and consolidates previous offences relating to trafficking and slavery. The act extends essentially to England and W ...
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Women migrant workers from developing countries
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Violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often consi ...
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International migration
International migration occurs when people cross state boundaries and stay in the host state for some minimum length of the time. Migration occurs for many reasons. Many people leave their home countries in order to look for economic opportunities ...
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Immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
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Emigration
Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...
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Illegal immigration
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwar ...
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Immigration policy
Border control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it a ...
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Human trafficking
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extrac ...
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Informal sector
An informal economy (informal sector or grey economy) is the part of any economy that is neither taxed nor monitored by any form of government.
Although the informal sector makes up a significant portion of the economies in developing countrie ...
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Labor rights
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influen ...
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Labour inspectorate
An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. ...
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Human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
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Labour law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
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Feminist economics
Feminist economics is the critical study of economics and economies, with a focus on gender-aware and inclusive economic inquiry and policy analysis. Feminist economic researchers include academics, activists, policy theorists, and practition ...
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Economic development
In the economics study of the public sector, economic and social development is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and o ...
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Social development
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Remittance
A remittance is a non-commercial transfer of money by a foreign worker, a member of a diaspora community, or a citizen with familial ties abroad, for household income in their home country or homeland. Money sent home by migrants competes wit ...
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Migrant domestic workers in Lebanon
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Indonesian migrant worker
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Overseas Filipino Worker
Overseas Filipino Worker (OFW) is a term often used to refer to Filipino migrant workers, people with Filipino citizenship who reside in another country for a limited period of employment. The number of these workers was roughly 1.77 million be ...
Notes
References
{{Reflist, 30em
Domestic work
Domestic workers
Domestic workers of Hong Kong
Migrant workers
Foreign workers
Domestic workers
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...