Domestic work – a legislative frame in the EU? ETUC Seminar Brussels, April 2005 Wiebke Düvel European Trade Union Institute for Research, Education and Health and Safety

Legislation and domestic workers  Definition: « A domestic worker is a person working at an employers private residence to provide services. »  Laws exclude the domestic workers from the scope  Laws grant lower levels of protection  Laws are silent on the topic

Council of Europe  European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)  Art. 4.1.prohibits slavery and servitude  Art. 14prohibition of discrimination  European Convention on the Legal Status of Migrant Workers (1977)  European Agreement on „Au pair“ Placement (1969)

Council of Europe  Recommendation 1663 (2004) – domestic servitude  Demands a charter of rights for domestic workers  Recognition as „real work“  Legally enforceable contract of employment  Health insurance  Family life  Leisure and personal time  Immigration status independent of any employer  Recommends a system of accreditation for agencies placing domestic workes  Ensure regular monitoring by authorities of those agencies  Recommendations as well on au-pair placement

European Directives  European Directives in the field of labour/social law  Categorie: silent on the topic  Parental leave, part time, fixed-term work, non-discrimination  Categorie: exclusion of scope  Health + safety Directives  Framework Directive 89/391 – Art. 3 a): „worker: any person employed by an employer, including trainees and apprentices but excluding domestic servants“

Answers questionnaire - comparison  Subject of concern to trade unions – rather active – 6 countries: Italy – Ireland – Netherlands – Spain – Switzerland - Belgium  Nothing on the topic – 6 countries: Denmark – Iceland – Lithuania – Latvia – Romania – Sweden  Between those two – 4 countries: Czech Republic – Finland – Germany – Portugal

Answers questionnaire - comparison  Cross-border activity  None - except Italy  Plans of the Government  None – except Belgium, the Netherlands and Finland  Some specific examples  Trade union membership – Netherlands - Portugal

The results might be due to the definition given in the questionnaire Answers questionnaire - comparison CountryCollective agreement Legislation Belgium(+) France(+) Nether lands (+/-) Italy(+) Ireland(+/-) not specific (+) CountryCollective agreement Legislation Czech Republic (-) general law GreeceNo data(-) Social security Lithuania(-) Romania(-) labour code

The results might be due to the definition given in the questionnaire CountryCollective agreementLegislation AustriaNo data(+) Denmark(-)(+) Finland(-) not for private households (+) HungaryNo data(+) MaltaNo data(+) Portugal(-) no employer organisation (+) Spain(-)(+) Sweden(-)(+) Answers questionnaire - comparison

The results might be due to the definition given in the questionnaire Answers questionnaire - comparison CountryCollective agreeementLegislation Latvia(+) Nothing specific (-) Germany(+)(-) Iceland(+)(-) Switzerland(+) for Geneva(-)

Some national examples  France  Italy  Netherlands  Portugal  Spain

Domestic workers – what must be regulated? Working time Pay Health + Safety Leave Social Security Termination Non- discrimination Employment contract

Conclusion  Legislative framework needed to protect the domestic workers- ensure equal rights under labour and social law  Must be enabled to enforce and claim their rights  At European level:  Definition needed  Recognised as a specific occupation  European legislation must apply as well to domestic work  At national level:  Specific regulations needed  In legislation and/or collective agreements  Written employment contract