REGULATION OF DOMESTIC WORK: A COMPERATIVE ANALYSIS BY RUTENDO. S. MUDARIKWA

INTRODUCTION Domestic work forms an essential source of livelihood for men and women globally. But- associated with long working hours, no privacy, low wages and deplorable working conditions. Why: Informal, intimate and isolated nature of domestic work Progressive realisation: Convention 189 and Recommendation No. 201

INTRODUCTION….. AIM: comparative analysis on the regulation of domestic workers wages and condition of service in Ghana, South Africa and Zimbabwe Key Questions considered: International, regional and national framework governing domestic work Key areas in regulations, gaps and loopholes Prospects of regulation of domestic work The benefits of a comparative analysis: provides insight into your own system, can be used as a tool of law reform and to provide the need. Approach adopted: consider regulation of domestic work and the impact of other factors like politics, economics, technology and change. Allows us to identify trends.

OVERVIEW OF REGULATION ZIMBABWE: Labour Act (Chapter 28:01) specifically Labour Relations Regulations of 1985 Ghana: Labour Act No: 651 of 2003. Applies to all workers employed under a contract of employment. Includes part-time, temporary and casual workers South Africa: domestic workers included in the definition of an employee in the Labour Relations Act a wide range of Acts. Sectoral Determination No:7 under Basic Conditions of Employment Act of 1997 Different approaches to regulation of domestic work- SA and Zim ancillary legislation. SD and Labour Relations Regulations. Ghana- implicitly included in the Labour Act But there are limitations and loopholes in the regulation. Evaluate

KEY ISSUES: 1. COMPREHENSIVE RECOGNITION AND REGULATION OF DOMESTIC WORK GHANA- although in theory most of the provision of the Labour Act apply to domestic workers, application is hampered by factors such traditional practices about fostering children and taking care of the extended family . ZIMBABWE: Effectiveness of regulating domestic work hampered by the invisibility of domestic workers due to the camouflaging of the employment relationship by using familial titles like “aunt” and “uncle”. Where formal titles are used they perpetuate low social status of domestic work “garden boy” and “house girl” SOUTH AFRICA: progressively recognised domestic workers as seen by the ratification C189

Key Issues: 2. REGULATION OF WAGES SOUTH AFRICA: SD 7 provides minimum wages. Criticised for failing to differentiate wages by education, skills and experience. GHANA: legislation provides for minimum wages ZIMBABWE: minimum wages according to Grade 1 (Yard/ garden worker) US$85 – Grade 4 : disabled/ aged child minder with Red Cross certificate- US$ 100 REALITY: workers receiving below the minimum wages, levels of the minim wages lower compared to other wage rates of work of equal value

KEY ISSUES: 3. REGULATION OF WORKING TIME GHANA- Section 44 LA expressly excludes domestic workers from the provisions governing daily working hours and rest periods. ZIMBABWE: comprehensive s 5 (1) & (2) 49 hours per week not exceeding 9 hours 30 min per day. Leave-out not required to work beyond 7 pm on any night unless they consent. SOUTH AFRICA: comprehensive regulation COMPLAINCE ?

KEY ISSUES: 4. LEAVE REGULATION All countries regulate. BUT: Limited awareness of leave regulation & fear of losing work if they go on leave (Ghana) Zimbabwe: limited awareness of leave entitlement due to absence of employment contracts

No regulation in all countries. Issues of privacy KEY ISSUES: 5. Live-in Domestic Workers No regulation in all countries. Issues of privacy Zimbabwe- link between location and privacy-high density, medium and low density

Regulated in Zimbabwe and South Africa. KEY ISSUES: 6. ISSUES OF DISCRIMINATION Regulated in Zimbabwe and South Africa. Ghana- some regulation but no mention of workplace harassment and abuse.

Zimbabwe- entitled to free protective clothing KEY ISSUES: 7. OCCUPATIONAL HEALTH AND SAFETY Zimbabwe- entitled to free protective clothing South Africa comprehensive OSH regulation under Health and Safety Act, 1993 but Act tailor made for larger formal workplaces

KEY ISSUES: 8. SOCIAL PROTECTION South Africa- covered under Unemployment Insurance Fund and non-contributory state pension. Ghana- Pension Act and National Health Insurance Scheme but limited registration Zimbabwe- explicitly excluded from the ambit of the National Social Security Act Chpt 17:04 However: Informal social protection mechanisms

Ghana & Zimbabwe- no regulation KEY ISSUES: 9. PROTECTION OF MIGRANT DOMESTIC WORKERS Ghana & Zimbabwe- no regulation South Africa- Labour Court ruling on rights of undocumented domestic workers.

KEY ISSUES: 10. COMPLAINCE MECHANISM Ghana- Labour Department and Labour court South Africa- CCMA, Inspections Zimbabwe- Labour Department, inspections Inspection challenges. However use of other methods eg. media

WAY FORWARD Prospects of regulation Approach to take? Need for a holistic approach in both regulation and implementation Need for multi-stakeholder approach –identify, assign role eg. Lawyers, unions, role of soft law, media, Need for a sector specific solution

THANK YOU TATENDA ME DAA SI ENKOSI