This research examines legal protection for domestic workers, who are highly exposed to varieties of abuses and violence by taking the comparative analysis of some African countries like Kenya and South Africa. The best experience of these countries was selected as they extended labour law protection for domestic workers too. The International Labour Organization (ILO) has adopted the convention for special legal protection of domestic workers. Some countries of the world also signed and ratified the convention. However, Ethiopia was also signed but not yet ratified the convention and explicitly excluded domestic workers from labour law protection. The main objective of the research is to assess the legal protection of domestic workers in the study area. This research has employed doctrinal legal research and some empirical considerations were analyzed qualitatively through narration and thematic analysis techniques to articulate legal protection of domestic workers. The finding of the research indicated that there is no clear contractual agreement between employers and domestic workers, unlimited work time without rest including night time, work with less or no remuneration, abuses and sexual violations. The research also revealed that there is violation of rights of the domestic workers due to multiple factors but the legal protection is inadequate. Some of those factors include bargaining power imbalance, lack of clearly agreed terms of contract, illiteracy and working in private household, lack of awareness and weak realization of laws and failures of the organs of government. So, the research suggests that domestic workers need recognition and adequate legal protection due to their special vulnerability.
References
[1]
Asia Pacific Forum on Women, Law and Development, 2010, the Right to Unite, a Handbook on Domestic Worker Rights across Asia.
[2]
Azzam, O. F. (2019). An Introduction to Labour Law. Helwan: Helwan University, Faculty of Law. http://www.researchgate.net/publication
[3]
Berlanstein, L. R. (1992). The Industrial Revolution and Work in Nineteenth Century Europe (pp. 134-152). London: Routledge.
[4]
Civil Code of the Empire of Ethiopia Proclamation No. 165/1960, Negarit Gazette, Extra-Ordinary Issue No. 2, Addis Ababa, Ethiopia, 11 September, 1960.
[5]
Employment Act, 2007, Republic of Kenya Gazette Supplement Acts No. 107 (Acts No. 11), 26th October, Nairobi, Kenya.
[6]
Federal Democratic Republic of Ethiopia (FDRE) Constitution Proclamation No. 1/1995, Federal Negarit Gazette, 1st year No. 1, Addis Ababa, Ethiopia, 21st August, 1995.
[7]
Gebremedhin, M. M. (2016). Procrastination in Recognizing the Rights of Domestic Workers in Ethiopia. Mizan Law Review, 10, 38-72. https://doi.org/10.4314/mlr.v10i1.2
[8]
Human Rights Watch (2012). The ILO Domestic Workers Convention: New Standards to Fight Discrimination, Exploitation and Abuse.
[9]
Human Rights Watch (2018). Domestic Workers Rights in Qatar: Human Rights Watch Commentary on Qatar’s Laws and Regulations on Domestic Workers.
[10]
ILO (2013). Domestic Workers across the World: Global and Regional Statistics and the Extent of Legal Protection. Geneva: ILO Publication.
[11]
ILO Convention (2011). Social Protection Sector. Geneva: ILO Publication.
[12]
ILO Convention on Decent Work for Domestic Workers No. 189, 2011. Geneva: ILO Publication. http://www.ilo.org/travail
[13]
ILO International Labour Organization (2012). Effective Protection for Domestic Workers: A Guide to Designing Labour Laws. Geneva.
[14]
International Trade Union Confederation (2010). Action Guide: Decent Work, Decent Life for Domestic Workers. Brussels.
[15]
Interview with Alemitu Dana, Interview Conducted on April 05, 2020.
[16]
Interview with Aynalem Ayano, Interview Conducted on April 13, 2020.
[17]
Interview with Mr. Kirubel Getachew, Officer in Wolaita Sodo Town Female and Children, Interview Conducted on April 07, 2020.
[18]
Interview with Tadelech Amare, Interview Conducted on April 10, 2020.
[19]
Labour Proclamation No. 1156/2019, Federal Negarit Gazette, 25th Year No. 89, Addis Ababa, Ethiopia, 5 September 2019.
[20]
Mulugeta, K. (2012). Vulnerability, Legal Protection and Work Conditions of Domestic Workers in Addis Ababa. The Hague: International Institute of Social Studies.
[21]
Redae, M. (2009). Employment and Labour Law. Addis Ababa: Justice and Legal System Research Institute.
[22]
Social Law Project (2014). Domestic Workers’ Law and Legal Issues in South Africa. WIEGO Law and Informality Resources. Cambridge, MA: WIEGO.
[23]
Tanzer, Z. (2013). Domestic Workers and Socio-Economic Rights: A South African Case Study. Washington DC: Solidarity Center.