Top in the list of interest of her tight two-week schedule was a focus on the plight of domestic workers. Oliphant says the discussions that led to the adoption of a Convention on Domestic workers centred around the fact that - new standards on domestic work present an unprecedented opportunity to bring into the mainstream workers who were once deemed to be outside the International Labour Organisation (ILO) constituency and to provide guidance to member states of the ILO to facilitate access to decent employment conditions for this historically disadvantaged group, mainly women and girls.
Many domestic workers across the world (estimates range from 50 to 100 million domestic workers globally) were either excluded from labour legislation or worked under loosely regulated conditions. Where legal protection existed it was often little known and poorly implemented. Domestic work absorbs millions of workers whose work is sometimes not perceived as real or productive.
“The adoption of a Convention and accompanying Recommendation on Domestic Workers by the International Labour Organisation on the 15th of last month signals a new era for domestic workers internationally”, Oliphant said. The leader of the South African delegation during the discussions leading to the adoption of this Convention, Virgil Seafield said the new instrument developed at the ILO was not only based on the South African legislation but was also driven by a number of countries including the African block of countries led by South Africa, the Philippines, Australia, Brazil, the Gulf States and the United States of America among others.
What is the convention set out to achieve:
1. It sets out some minimum protection for workers while taking into account the specific nature of the work: i.e. protection of the fundamental principles and rights at work; minimum age for domestic workers; minimum age is set in terms of the Minimum Age Convention and Worst forms of Child Labour Convention as well as the need for employment for those younger than 18 years and older than the minimum age of employment not to impact on their education and vocational training.
2. It addresses the particular vulnerability faced by domestic workers including migrant domestic workers.
3. It addresses a wide variety of issues that are peculiar to domestic workers e.g. accommodation and standby.
“The discussions on the proposed conclusion within the South African context included chiefly an understanding of what or who is regarded as the employer. This discussion mirrored current discussions in South Africa around the labour law review”, said Oliphant. Fundamental in this discussion was the need to clearly determine the responsibility of the “client” (household) in the context of worker’s employment via a private employment or placement agency. Critical in the debate was the matter of joint several liabilities but also to place the responsibility on the household.
“South Africa has already developed a specific set of conditions of employment in the sectoral determination for domestic workers which is regularly reviewed and was first established in 2002. It provides minimum wages and conditions of employment for domestic workers”, Oliphant said. The Minister said with respect to social security domestic workers as any other worker were covered in South Africa.
Oliphant said the discussions at the ILO would provide an impetus for workers in a number of countries such as Tanzania, Kenya, Namibia, Indonesia and others to push their governments for protection and equal rights.
“South Africa was instrumental in the inclusion of a number of key provisions in the international treaty such as the right of domestic workers to education, protection against violence and abuse, an incentive for domestic workers who are required to be on standby whilst the employer is away and other critical provisions that strengthened the protection provided to domestic workers”, Oliphant said.
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Source: Department of Labour
Adoption of Domestic Workers convention by ILO – Oliphant
