Migrant domestic workers

Source: Wikipedia, the free encyclopedia.

domestic workers (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’s Convention No. 189 and the International Organization for Migration, any persons "moving to another country or region to better their material or social conditions and improve the prospect for themselves or their family,"[1] engaged in a work relationship performing "in or for a household or households."[2] 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."[3] 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."[4] Prominent discussions on the topic include the status of these workers, reasons behind the pursue in this labour, recruitment
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."

Second World War until the mid-1980s, for instance, "most ILO Conventions explicitly excluded domestic workers from the protections afforded by most employment Conventions."[7]

The lack of knowledge concerning the composition of this workforce has been attributed to this historical lack of attention and

ILO
, in 2010, projected the following distribution of domestic workers throughout the world:

Region Domestic Workers Percentage of women
Developed Countries 3 555 000 73%
Eastern Europe/CIS 595 000 67%
Asia/Pacific 21 467 000 81%
Latin America/Caribbean 19 593 000 92%
Africa 5 236 000 74%
Middle East 2 107 000 63%

Source: Domestic workers across the world: Global and regional statistics and the extent of legal protection, International Labour Organization. Geneva. 2013[9]

Domestic work is a highly gendered profession. Globally, 83% of domestic workers are women, of whom a majority are women migrant workers.[10] However, due, to "the heterogeneity, irregularity and invisibility of domestic and care work," statistics can never be comprehensive.[11] [check quotation syntax]

Relationship with international migration

Bandoeng with a servant sitting on the floor, Dutch East Indies
, 1870s
Goanese serving maid, c. 1880

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.[12] 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.[12]

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.[13]

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.[14] 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[15]

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."[16] According to the International Labour Organization (ILO), women constitute 80% of domestic workers.[17] 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[18] 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.[19]

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.[20]

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,[21] 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.[22]

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.[23]

Regulations and conventions

The fact that domestic work is often relegated to the

social security, and set work hours to domestic workers.[25]
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

racial purity policies, which involved providing suitable brides for the male settlers.[26]

Changes in roles and social aspirations of middle-class women are perceived to have intensified the admission of women into waged work.

household chores allowed them to engage in more productive activities; families’ real income thus increases along with their general welfare.[28]

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

natural disasters and long-term economic instabilities or poverty in general.[29]

Remittances

Because these workers'

foreign-exchange reserves.[30] Migrant domestic workers tend to replace the native peers of the host country, and displace them towards other (usually more productive) activities.[31]

Brain waste

Migrant domestic workers are, on average, better educated than their domestically sourced counterparts. Undocumented migrants can become

domestic workers, not only due to demand but also to a lack of access to the formal labor market, language barriers, a lack of social capital (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, as both an asset and a symbol of status for the employer.[32]

Nevertheless, the insufficiency of state-supported care facilities under the auspices of the

feminization of migration, as it has opened up labor opportunities for women in the area of care work.[34][35]

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

undocumented immigrants is also often cited as a reason for non-payment for services provided.[38]
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
labor market typically experience high turnover.[39]

Discipline and "loyalty"

Migrant domestic workers tend to shy away from authorities and social services, due in some part to their status as undocumented and mostly women.[40] 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 and courtesy in their attitude.[41] This is exemplified by the fact that, in some cases,

repatriate or quit.[44]
When they are required to be officially sponsored, such as in the
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.[45]

Racial stereotypes of "ideal" domestic workers

Many individual employers reportedly express a preference for

racial and socioeconomic assumptions on the part of employers.[48]

Recruitment of migrant domestic workers

East

The high

Asia-Pacific region and 8 percent in Africa, though most of these agencies are temporary staffing agencies that are not involved in cross-border migration.[49] 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.[50] Labor recruiters and agencies undergo scant monitoring, and in most countries, few regulations exist to control the recruitment fees charged to workers.[51] 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.[52][53][54]

According to International Labour Organization, 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.[55] Intermediaries who provide services to facilitate the migration process have been indicated to be important perpetrators of exploitation 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. This creates a heavy debt burden on international migrant domestic workers. Many Indonesian domestic workers migrating to Persian Gulf countries take out loans from local moneylenders with interest rates as high as 100 percent to pay these fees, while those traveling to Asia typically use a "fly now, pay later" scheme.[51] 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.[51] 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.[56] 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 of migrants for domestic work.[57]

Kafala system

In the Arab countries, recruiters match domestic workers with their employers through the kafala system 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.[58] 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.[59] 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 a foreign domestic worker was sparred the death penalty, after it was established that she killed her abusive employer to protect herself.[60][61][62][63]

West

In the

Live-In Caregiver
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 structures, together with restrictive migration 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.

social networks 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.[67]

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.

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.[68] 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.[68]

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.[69][70][71] 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. The language and cultural barriers further complicate this transition and make it difficult for these workers to connect with the local population.[72] Due to the language barrier, migrant domestic workers know little to nothing about the local laws to protect themselves from abuse in the work place.[73] This prevents them from raising awareness about their working conditions and from forming collective action.[68]

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.

Gender stereotypes 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."[72] Discrimination is not only limited to gender, but also extends to race, class and ethnicity.[76][77]

Working conditions

Migrant domestic workers’ working conditions further exacerbate their exposure to abuse, which largely arises out of their informal status in the economy.[78][79] 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 abuses.[80]

Due to poor – in many cases none – regulation, migrant domestic workers face "excessive hours, physical and sexual abuse, forced labor and confinement."[72] In many countries, this also includes foregoing wages and paying debt bondage.[81] Bonded labor occurs when the migrant domestic worker is required to pay off transportation and recruitment costs, as well as agent commission fees.[82] 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.[83] 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.[84]

Even when the workers are paid, it is not always sufficient to provide for themselves and their families.[80] 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.[81] 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.[85] This includes insufficient rest time and little to no opportunities to visit their relatives during medical emergencies, and no pension.[72]

Dependency on the employer

Migrant domestic workers can become extremely dependent on their employers through all of the aforementioned risks.[72] In many cases, employers will withhold their immigration papers and confiscate their passports, which adds to their dependency and helplessness.[86][64] This makes it difficult for migrant domestic workers to contact law enforcement officials in order to report abusive working conditions.[85] 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."[72] Employers frequently consider their migrant domestic workers as their property or do not treat them as "proper" employees.[74] Sometimes their place of work is also their shelter, making migrant domestic workers dependent on their employers.[85]

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.[87]

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

social networks[95] and coordinating action.[94] Moreover, domestic workers more generally cannot employ tactics used by other workers in organizations, such as strike action, if they live in their employer’s home.[96]

Beyond these structural issues, states are also partially responsible for preventing

trade unions in a number of countries around the world. [a][98] Non-governmental organization (NGO) activity has also been constrained by state action, with barriers to registration or prohibition of "political activity."[99]

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

ILO has also launched the Global Action Programme on Migrant Domestic Workers and their Families,[103] undertaken studies in and guidelines for foreign domestic workers in specific countries[b][104] and published a report making note that female migrant workers constituted the main demographics in the sector of domestic work.[105]

Other United Nations agencies have addressed migrant domestic work, with the United Nations Development Fund for Women (UNIFEM) attempting to facilitate dialogue between countries [c] to establish agreements that recognize migrant workers’ rights protection,[106] and the United Nations Population Fund (UNFPA) releasing a report highlighting the gendered aspects of migration.[107]

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.[108]

Collaborative works have also been published, including a manual by the International Domestic Workers Network and the

ILO, geared to both national and migration domestic workers in Asia and the Pacific,[109] and a report by Human Rights Watch, along with the International Domestic Workers’ Network and The International Trade Union Confederation.[110]

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.[111] 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,[112] protests[113] and public campaigns to raise awareness or improve migrant domestic workers’ conditions.[114][115][116] Lobbying, at both the national and supranational levels to modify laws [d][117] or by trade unions attempting to change the irregular status of migrant domestic workers[118] has been used as a tactic. Civil society has also played a role in negotiating international legislation such as the International Labour Organization’s Domestic Worker Convention.[119]

Beyond these public mobilizations and lobbying efforts for change,

awareness raising 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[120] and encouraging respect toward migrant domestic workers[121] at the national level.[e] Educational efforts have also been used to inform women of their rights in countries where laws outlining employers’ obligations do exist.[122] 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.[98][114]

Language and

trade unions.[i][117][136] In fact, given these domestic workers come from abroad, there were a number of "cross-border alliances" created.[j][137]

While women’s rights has been alluded to in some advocacy initiatives and that "cross-border exchanges strengthened the momentum in the development of transnational advocacy of worker rights as a gender-based concern,"[138] the intersection between migrant domestic work and gender in advocacy has not been consistent. Some organizations may consider themselves "feminist"[k][133][35][53][54] or emphasize the gender dimension of their work,[139] while others may not wish to associate migrant domestic workers’ with feminist issues.[l][140][141]

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,[142][143][144] with groups offering shelter, food, clothing, legal advice[98] and assistance,[145] as well as counselling.[m][116] 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.[114][98]

Resistance and agency by migrant domestic workers

Despite the challenges to

communities"[149] or learn about ways to improve their own working conditions[150] by making use of information and communication technology[149] or by undertaking discussions from their balcony with passersby and domestic workers from neighbouring apartments.[n][151]

Some domestic workers invest efforts to improve their own welfare or further challenge their employers’ authority by using emotion to capitalize on their employers’ guilt and sympathy for monetary gain,[152] refusing to participate in "extracurricular work" such as family dinners,[153] emphasizing "status similarity" between themselves and their employers,[154] or refusing to accept statements by their employer that could be offensive to migrant domestic workers.[155] 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.[156]

Best practices

In addressing issues faced by migrant domestic workers, some countries have ratified the Domestic Workers Convention

trade unions.[160]

See also

Notes

  1. ^ Countries where migrant workers are prohibited from creating or joining trade unions include Malaysia, Singapore, Bangladesh, Thailand, and those in the Middle East
  2. ^ Countries for which studies were undertaken and guidelines prepared by the ILO include Lebanon, Bahrain, Kuwait and the United Arab Emirates
  3. ^ UNIFEM has facilitated dialogue between countries such as Jordan with Indonesia and the Philippines
  4. ^ Lobbying at national and supranational levels was done by Waling Waling in the UK and Europe
  5. ^ Transient Workers Count Too (TWC2) has notably encouraged respect toward migrant domestic workers in Singapore
  6. ^ Organizations and institutions include the ILO, NGOs such as Waling Waling, and the European Parliament
  7. ^ The TWC2 tied abuse against migrant domestic workers at the national level to campaigns against abuse at that global level with its White Ribbon Campaign
  8. ^ Migrant domestic groups in Canada created coalitions with such groups
  9. ^ Waling Waling established coalitions with religious and human rights organizations
  10. ^ Transnational and international networks and movements include Kalyaan, Migrante International, the Asian Domestic Workers’ Union, RESPECT, Women in Informal Employment: Globalizing and Organizing
  11. ^ The Women's Aid Organization in Malaysia considers itself feminist
  12. ^ The Association of Women for Action and Research (AWARE) in Singapore did not wish to explicitly associate its position with feminism
  13. ^ Counselling could involve providing guidance on how to undertake negotiations with the employer
  14. ^ Balcony talks notably take place in Lebanon

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