University of the Western Cape Domestic Workers Empowerment

University of the Western Cape Domestic Workers Empowerment Programme Presentation to: UWC Community Engagement Colloquium October 2017

Dedicated to Michael Blake

The DWEP Model Programme participant Programme participant Worker Leader Programme participant Programme participant

DWEP Delivery Mode Education, Training and Research for Empowerment Building from the bottom-up

DWEP Approach Rights-based Building from the bottom-up

RESEARCH & DEVELOPMENT Consultative Collaborative Empowering

Domestic Work Research Project (DWRP) DWRP was initiated in January 2009 to gain a better understanding of existing problems – including shortcomings in the legislation – affecting domestic workers, and of potential solutions involving the affected workers, trade unions, and legislators national and international.

Domestic Work Conference 2010 Exploited, Undervalued – and Essential The Plight of Domestic Workers

Seminar Series 2011 Advancing Domestic Workers’ Rights In A Context Of Transformative Constitutionalism (April) Suffering / Nurturing Globalisation: Migration and Domestic Work (May) Strategies for Organising and Regulating Domestic Work (June) Strategies for Organising and Regulating Domestic Work (August) Alternatives to Neoliberalism: A view from the kitchen (September

Towards inclusion of South African Domestic Workers under the Compensation for Occupational Injuries and Diseases Act (COIDA) September 2014

Introduction to Co-Operatives for Domestic Workers in South Africa International Labour Organisation (ILO) Report July 2015

DWEP UWC-Services SETA (SSETA) partnership 2016 Domestic Workers, remain one of the mostly poorly paid and disempowered sections of the workforce. A hard to organize sector, with weak organization exposes them to numerous vulnerabilities. The programme seeks to empower domestic workers to build their collective self-confidence through organization building within the sector.

DOMESTIC WORK SECTOR Legislative Framework Definition Domestic workers and the law Barriers to rights protection Measures and strategies to promote decent work for domestic workers

Legislative Framework BCEA and LRA Sectoral Determination 7 (SD 7) (2002) Unemployment Insurance Act; Skills Development Act, Employment Equity Act ILO Convention 189 & Recommendation 201 (2011) Ratified by SA Parliament

Domestic Worker: Definition “domestic worker” means an employee who performs domestic work in the home of his or her employer and includes— (a) a gardener; (b) a person employed by a household as driver of a motor vehicle; and (c) a person who takes care of children, the aged, the sick, the frail or the disabled; (d) domestic workers employed or supplied by employment services.

Domestic workers & the law Domestic workers, it would seem, are well covered by the legislation. Fundamental problem: based on “standard” employment, i. t. o. content of the law as well as institutional framework through which the law is applied. Result: non-standard workers including domestic workers fall through the cracks, leaving them exposed to abuse and exploitation.

Barriers to rights protection DOMESTIC WORKERS DOMESTIC EMPLOYERS 1. Lack of understanding of the social and 1. Undervaluing of domestic work economic value of domestic work 2. Individualised nature of the 2. Lack of recognition of the employment relationship 3. Fear of losing their jobs if they complain 3. Lack of respect for the dignity of domestic workers 4. Lack of awareness of rights and 4. Lack of awareness of legal requirements obligations 5. Lack of effective organisation 5. Perception that enforcement is ineffective, therefore no need to comply

What measures to promote decent work for domestic workers? A strategy for empowerment of domestic workers could be envisaged as a concerted effort by trade unions, academic institutions, international development agencies and NGOs, with the support of the Do. L, to research and develop a programme capable of reaching the majority of domestic workers.

Strategies to promote decent work for domestic workers? Regulation: objective of regulation in the domestic employment sector, as in other sectors, is to develop a culture of compliance - where compliance is the norm for employers and workers. Empowerment of marginalised workers, is important not only from a trade union perspective; it is part of the bigger picture of transformation envisaged by the Constitution. Awareness raising about minimum standards for employers, workers and the public at large

Regulation of decent work for domestic workers ? The common aim should be to ensure that, through legislative and policy development, Full effect is given to C 189 The contribution of domestic workers to the national economy is recognised Obstacles to the enjoyment of domestic workers’ basic rights are systematically identified and addressed, and The lessons of international best practice are incorporated in law and practice.

Organising for Empowerment Organisation that enables domestic workers to: o o o Understand their position and identify challenges Be knowledgeable about their rights in law as workers and citizens Be knowledgeable about recourse to challenge violations of their rights Articulate demands for change Develop appropriate forms of organisation for pursuing those demands

NEXT STEPS

PLATFORM CO-OPERATIVE PROJECT SA Research and development for a worker-owned platform for precarious workers

Purpose The purpose of the project is to develop a generic model for a cooperative organisation of worked based on an electronic platform owned and used by the workers to market their services and/or or products on their own terms while at the same time developing their professional and organisational skills, deepening their understanding of their social context and providing for collective access to the services which they require. The model is also referred to below as a ‘work collective’.

Project Stages Developing a conceptual model of a work collective; Developing a generic online platform; Developing an organisational model; Developing a specification of services to be offered (products to be produced).

Thank you!