Introduction
Paid domestic work, despite its crucial role in households, the economy and society, remains invisible and neglected by broader society. Historically, to patriarchal gender norms, paid and unpaid domestic labour. Female domestic workers face several precarious work situations, including low wages and limited access to labour rights, such as social security, long working hours, discrimination, and human rights violations. This situation generates a cycle of poverty that weakens the possibility of these workers fully achieving their rights. This article will focus on Paid Domestic Workers (PDW) and aims to address this issue through a human rights lens and legislative perspective, raising awareness of their inaccess to rights, precarious work conditions, and lack of legislative protection. As a country case study, this article will address Brazil, a country where domestic workers are significantly overrepresented in Latin America and the Caribbean, which collectively ranks as the world’s second-largest employer of domestic workers.
Definition of Domestic Work
Domestic work is defined by Convention No. 189 of the International Labour Organisation (ILO) in Article 1 as “work performed in or for a household or households within an employment relationship” (ILO, 2011). Even though tasks vary across countries and over time, domestic work usually entails cleaning, cooking, caring for children, the elderly, and persons with disabilities, gardening, driving, and providing private security to households (Hobden and Bonne, 2021). To summarise, domestic work can be defined as:
[W]ork performed in or for a household or households, within an employment relationship and on an occupational basis. Thus, it covers those who live in and out of the household; who work on an hourly, daily, monthly or other basis; who work for a single household or multiple households; and who are employed either by the household or through a service provider. Regardless of the working arrangements, the factor that brings them together is that their activities are performed in or for private households (Hobden and Bonne, p. 5 2021).
Approximately 75.6 million people around the world work as Paid Domestic Workers (PDW). This occupation serves as a vital source of employment worldwide, accounting for 2.3 percent of total employment and 4.5 percent of employees. However, the absence of rights and constant undervaluation experienced by this category of workers place them as one of the most vulnerable groups globally. Society sees domestic work as having low social and economic value and labels it as unproductive and “women’s work”, which perpetuates discrimination and gender inequality (Marcadent, 2013).
The number of domestic workers varies across the regions. Asia and the Pacific have the world’s largest number of domestic workers, with over 38.3 million, representing 50.6 percent of the total PDW worldwide. Nonetheless, in terms of total employment, domestic work has a small share of 2 percent. Next comes the Americas, with the world’s second-largest share of domestic workers. The region has 17.6 million workers, accounting for 23 percent worldwide. Most of the region’s domestic workers reside in the subregion of Latin America and the Caribbean. With 4.8 million people employed as domestic workers, the subregion represents 19.6 percent of domestic workers in the world. In terms of total employment, domestic work represents 5.1 percent (Hobden and Bonne, 2021).
In the Arab States, approximately 6.6 million people are domestic workers, which comprises 8.7 percent of the global total of PDW. Unlike the other regions, total PDW employment represents 12.3 percent of the workforce in the Arab States, one of the highest percentages of domestic workers as a share of total employment. Finally, Europe and the Central Asia region have the smallest share of all domestic workers, 4.7 percent worldwide, and also the smallest share of total employment, only 0.8 percent (Hobden and Bonne, 2021).
Women, mostly migrants and from vulnerable communities, constitute the majority of the domestic work sector, accounting for 76.2 percent. Domestic work employs over 57.7 million women, representing 8.8 percent of female employees and 4.5 percent of female employment worldwide. When it comes to regions, Asia, the Pacific, and the Americas account for the largest proportions of female domestic workers worldwide, with 52.1 percent and 27.2 percent, respectively (Hobden and Bonne, 2021). Globally, one in every 12 female employees are domestic workers, and the probability of a woman joining the sector is substantially greater than that of a man. In terms of male total employment, domestic work represents only 0.9 percent, and in almost every region, the number of women is disproportionately higher (Marcadent, 2013).
Poverty and lack of employment opportunities are the main driving forces compelling both men and women to take up domestic work. Additionally, it is argued that the domestic work sector sustains itself due to income inequality within a country. This occurs because income disparity has resulted in a considerable number of people who are willing to accept low payments as well as those with a high enough income to employ them increasing the demand for this sector (Marcadent, 2013).
PDWs are often diminished and seen as second-class workers. They are highly vulnerable to numerous human rights violations, including physical violence and forced labour, as well as sexual violence and harassment in the workplace mainly among women and girls. PDWs generally endure long working hours, without sufficient time to rest and receive disproportionately lower payments. Working hours can be particularly long for live-in domestic workers, who are expected to be available at all times of the day. These practices violate domestic workers’ rights and human rights, such as the right to rest and leisure, which directly affect their physical and psychological health (Marcadent, 2013). In addition, it is important to stress that a significant number of domestic workers, about 61.4 million, are engaged in informal employment. This leaves them without the coverage of social protection or labour laws, which exacerbates their already challenging working conditions.
ILO Convention No. 189
International mechanisms play a significant role in the protection of domestic workers’ rights. In 2011, the International Labour Organisation (ILO) adopted Domestic Workers Convention No. 189, the first international legal instrument devoted to the sector. The Convention established the definition of domestic workers and standards for their working conditions and rights. Furthermore, in 2014, the ILO adopted the Forced Labour Protocol, which demands that member states take action to eliminate forced labour, support victims, and guarantee their access to justice. This is particularly important for domestic workers and the protection of their rights, given that the majority work informally and are often undervalued and marginalised, making them more vulnerable to forced labour (Hobden and Bonne, 2021). To date, 36 countries have ratified the Convention, and 60 countries have ratified the Protocol.
Table 1: Key guidelines of Convention 189
| Contract | Article 7 – PDW are entitled to a written, clear, and understandable employment contract that outlines the terms and conditions of their employment. |
| Working Day | Article 10 – In accordance with national legislation, there must be limitations on the working day, overtime compensation, daily and weekly rest, and paid annual leave. The weekly rest shall be at least 24 consecutive hours. |
| Abuse, violence and harassment | Article 5 – States must take action to safeguard domestic workers from violence, abuse, and harassment, to which they are vulnerable. |
| Privacy, freedom and dignity: | Article 6 – As workers generally, PDW must enjoy fair terms of employment as well as decent working conditions. If a mutual agreement is established for the worker to reside in the employer’s home, respect for privacy must be key. |
| Migrant Domestic Workers | Article 8 – Migrant domestic workers must receive a written job offer, or contract of employment before moving to the country of destination. |
| Salary | Article 11 – Each Member must guarantee that domestic employees receive minimum wage coverage and that this compensation is not subjected to any discrimination based on sex. |
| Minimum Age | Article 4 – Each Member can establish a minimum age for domestic workers unless it is less than the age determined by national laws and regulations for employees in general. Ensuring that those under the age of 18 continue their education. |
| Social Security | Article 14 – Each Member must ensure that domestic workers have social security protections, including maternity leave. |
| Safe and healthy working environment | Article 13 – Each Member shall ensure the occupational safety and health of domestic workers. |
| Access to Justice | Article 16 – Domestic Workers must have effective access to courts, tribunals, or other protection mechanisms on equal terms with the rest of the workforce. |
Source: (OAS and PADF n.d; ILO, 2011)
For more information on which countries ratified the Convention see https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:2551460:NO
For more information on which countries ratified the Protocol see https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:3174672:NO
The Convention made clear that domestic workers are entitled to and must enjoy the same work conditions and rights as all other types of workers. Since its implementation, and along with the tireless efforts of workers’ organisations and activists, a number of countries have changed their policies and legislation. The percentage of domestic employees who were completely excluded from the application of labour laws and regulations has decreased by 16.3 percentage points. While the expansion of legal coverage has provided some domestic employees with access to important labour rights, there are still those who are not entitled to enjoy them. Crucial gaps remain, and most of the time, policies and laws alone are not sufficient. Governments and employers must guarantee that these laws are being properly implemented to guarantee rights and protections (Hobden and Bonne, 2021).
Domestic Work in Latin America and the Caribbean
Paid domestic work in Latin America and the Caribbean (LAC) has traditionally been an important source of employment for women, mostly from rural, poor, indigenous, and A fro-descendant households. This source of employment first originated from slave labour and other forms of servitude. The intersectionality between race, class, and gender plays a significant role in how domestic work is structured in the region (Salvador and Cossani, 2020).
The historical correlation between discrimination based on race and ethnicity, tracing back to the slavery period, along with gender roles designating domestic work exclusively for women, has resulted in a majority of black women working in the domestic sector in the region. In LAC, 91.1 percent of domestic workers are women, which is about one-quarter of the world’s female domestic workers. The countries with the highest proportion of female domestic workers are Paraguay, Argentina, and Brazil (Hobden and Bonne, 2021). In addition, according to 2010 data from the Economic Commission for Latin America and the Caribbean (ECLAC), 63 percent of domestic workers were Afro-American descendants (Salvador and Cossani, 2020).
In terms of data, LAC corresponds to the world’s second-largest employer of domestic workers, holding 19.6 percent of global domestic workers, approximately 14.8 million, which represents 5.1 percent of total employment in the region and 8.4 percent of employees worldwide (Hobden and Bonne, 2021). Informality in the sector is also prevalent in the region. About 77.5 percent of women domestic workers do so under informal circumstances and informality reaches 90 percent when examining Central America and the Caribbean specifically. Migrant domestic workers are also very common in the region. Estimates from the ILO show that migrants correspond to 17.2 percent of domestic workers, of whom 73.4 percent are women (Salvador and Cossani, 2020).
The 189 Conventions established significant guidelines for labour law in LAC. It influenced countries to reform or implement new legislation that promoted PDW rights at equal standards with other workers. Currently, legislation in eight countries compares the maximum working hours of PDWs to other workers. Also in eight countries, domestic workers’ minimum wage is equal to the national minimum wage; however, in two countries, the remuneration is determined by a collective negotiation process (Salvador and Cossani, 2020).
Although progress has been made in the region, the labour conditions for this category of workers remain precarious, with informality, a lack of protection, and low wages. The pandemic of COVID-19 and its socioeconomic crisis exacerbated the vulnerable situation of domestic workers worldwide, especially in LAC. As PDWs are mostly not linked to social security, they often lack access to health services and other social protection benefits, and with contracts being cancelled, and working hours and compensation being reduced, PDWs was one of the most affected groups (Salvador and Cossani, 2020).
Domestic Work in Brazil
In all LAC upper-middle-income countries, Brazil has the largest number of domestic workers, with 15.8 percent of domestic workers in the region, and making up 7.7 percent of total employees in the country (Hobden and Bonne, 2021). According to the Continuous National Household Sample Survey (Pnad) by the Brazilian Institute of Geography and Statistics (IBGE), in the first quarter of 2023, of all employees in the country, 8.5 percent were in domestic service (IBGE, 2023).
The overwhelming majority of these workers are women. The average profile of workers in this sector in Brazil was released by the Inter-Union Department of Studies and Statistics (Dieese) in 2022, revealing that out of the 5.7 million domestic workers, 5.2 million are women, making up approximately 92 percent of the sector. Race also plays a significant factor in the average profile of domestic workers in the country. 3.4 million are black and 1.8 million are non-black workers, which corresponds to 65 percent of all PDW. In addition, the average age of workers is 43 years (Dieese, 2022). Informality is one of the major challenges in the sector. Data from 2021 shows that 4.0 million domestic workers do so informally (76 percent) and 1.2 million formally (24 percent) (Dieese, 2022). The lack of a formal employment contract that guarantees basic social security and labour rights directly affects the remuneration of these workers.
The Brazilian minimum wage is 1,320 Reais, while the average income of domestic workers is approximately R$ 1,052 – this being highly dependent on informality. Those with a formal employment contract have an average monthly income of around R$1,480, but those without an employment relationship receive less than a thousand Reais or approximately R$ 907 (Verdélio, 2023). Furthermore, Dieese’s (2022) research found that
The countries are Argentina, Bolivia, Brazil, Chile, Costa Rica, Ecuador, Paraguay, Peru and Uruguay.
The countries are Bolivia, Brazil, Chile, Ecuador, Colombia, Guatemala, Nicaragua and Paraguay.
The countries are Argentina and Uruguay.
informal workers earned 40 percent less than those with a formal contract and that black women in domestic service earned 20 percent less than non-black women.
The vulnerable and subaltern condition of domestic workers is a result of a long period of slavery in Brazil and is rooted in racism, classism, and patriarchy. Domestic work in the country is mostly performed by black women and represents a form of employment that still carries strong servitude relationships that have been reserved for these women since colonisation – before as slave labour, now as paid work (Nogueira, 2017).
During the historical period known as “Brazil Colony” (1530–1822), slave women were in charge of the household duties, from cooking and cleaning to raising children and “satisfying” slave owners’ sexual needs through acts of rape and sexual abuse (Nogueira, 2017). In the subsequent period, known as the “Brazil Empire” (1822–1899), Lei Áurea (or Golden Law) was signed, providing for the total abolition of slavery. However, due to a lack of opportunities and social integration, many former slaves continued to serve their employers. Later , in the period of the “Brazil Republic” (1889–present day), with the advance of capitalism and the Industrial Revolution, together with social movements and the struggle for gender equality, legal devices emerged to safeguard the rights of domestic workers (da Silva et al. 2017).
In 2013, Constitutional Amendment 72 was enacted, which represented a significant advance in the struggle to improve the precarious conditions experienced by domestic workers. The Amendment changed the sole paragraph of Art. 7 of the Federal Constitution granting equality of labour rights between domestic workers and other workers, including maternity pay, sickness allowance, work accident allowance, pension for death and disability retirement, and contribution time (Brasil, 2013). In 2015, Supplementary Law No. 150 was sanctioned, expanding the guarantees provided for this category of workers, such as the obligation to pay the Severance Indemnity Fund (FGTS) (Brasil, 2015). The FGTS is a fund created with the aim of protecting workers who are fired without just cause.
In addition, Brazil is a signatory to important human rights treaties and declarations, such as the ILO Convention 189. In addition to the international and national laws, in 2022, the Government of Brazil launched the “Campaign for Decent Domestic Work” with the aim of sensitising employers and society in general to the rights of domestic workers (Governo Federal 2022), showing the country’s commitment to awareness campaigns and other tools for guaranteeing and defending the rights of domestic workers.
Conclusion
Paid Domestic Work represents a significant source of employment globally yet is still deeply embedded in discrimination, underappreciation, and harassment. As seen in the case of Brazil as well as in the region of LAC, it corresponds to a significant source of employment that was established during slavery and is part of these countries’ historical and sociocultural construction today.
The ILO Convention 189 sets important standards for the protection and guarantee of domestic workers’ rights. Since its adoption, progress has been seen worldwide in terms of legislation that addresses the specific needs of these workers. However, even when covered by labour laws, there is still a profound gap between the laws and their enforcement that must be addressed in order to achieve significant change within the sector (Hobden and Bonne, 2021).
Table 2: Main recommendations to improve domestic workers’ rights
| Legislation | Governments should establish laws that set basic rights such as working time, periods of daily rest, compensatory rest, minimum wages, and overtime pay. |
| Minimum Wage | Making domestic workers entitled to a minimum wage equal to other workers can have a profound contribution to reducing inequality. It is possible to minimise family inequality and relative poverty with a fair remuneration system, both for domestic workers’ households and overall. |
| Informality | It is well known that informality reduces domestic workers’ salaries and access to social security and health care, as well as making them more vulnerable to human rights violations. Governments must develop control and incentive mechanisms among society and employers to reduce informality so more domestic workers work under a formal and regulated contract. |
| Public Awareness Campaign | Efforts must be made to raise public awareness of the rights of domestic workers. This can be done through campaigns so that employers and domestic workers are aware of both their rights and their obligations. |
| Access to Justice | Governments must guarantee access to information on their labour rights and legal advice for domestic workers. It is crucial that this information be accessible in a variety of languages so that migrant and/or indigenous domestic workers have access to it. |
| Ratifying the Convention | Countries must ratify the ILO Convention 189 and other labour and human rights international mechanisms. Other important documents, such as Convention 190 and Recommendation 206 on violence and harassment in the workplace, which were adopted in 2019, are vital to protecting domestic workers. |
Source: (Salvador and Cossani, 2020; Hobden and Bonne, 2021)
Bibliography
Brasil (2013). Emenda Constitucional Nº 72. Retrieved July 20, 2023, from https://www.planalto.gov.br/ccivil_03/constituicao/emendas/emc/emc72.htm
Brasil (2015). Lei Complementar Nº 150. Retrieved July 20, 2023, from https://www.planalto.gov.br/ccivil_03/leis/lcp/lcp150.htm
da Silva, D. F., de Loreto, M. D. D. S., & Bifano, A. C. S. (2017). Ensaio da história do trabalho doméstico no Brasil: um trabalho invisível. Retrieved July 20, 2023, from https://www.researchgate.net/profile/Amelia-Bifano/publication/318436614_Ensaio_da_historia_do_trabalho_domestico_no_Brasil_um_trabalho_invisivel/links/5e148a37299bf10bc397a7f7/Ensaio-da-historia-do-trabalho-domestico-no-Brasil-um-trabalho-invisivel.pdf
Dieese (2022). Infográfico trabalho doméstico. Retrieved July 18, 2023, from https://www.dieese.org.br/infografico/2022/trabalhoDomestico.pdf
Governo Federal (2022). Governo Federal lança Campanha pelo Trabalho Doméstico Decente. Retrieved July 20, 2023, from https://www.gov.br/pt-br/noticias/trabalho-e-previdencia/2022/04/governo-federal-lanca-campanha-pelo-trabalho-domestico-decente
Hobden, C. and Bonne, F. (2021). Making decent work a reality for domestic workers: Progress and prospects ten years after the adoption of the Domestic Workers Convention, 2011 (No. 189). Retrieved July 12, 2023, from https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—travail/documents/publication/wcms_802551.pdf
IBGE (2023). Indicadores IBGE: Pesquisa Nacional por Amostra de Domicílios Contínua Primeiro Trimestre de 2023. Retrieved July 18, 2023, from https://biblioteca.ibge.gov.br/visualizacao/periodicos/2421/pnact_2023_1tri.pdf
ILO (2011). Domestic Workers Convention (No. 189). Retrieved July 10, 2023, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:2551460
Marcadent, P. (2013). Snapshot ILO in action: domestic workers. Retrieved July 12, 2023, from https://www.ilo.org/travail/Whatsnew/WCMS_214499/lang–en/index.htm
Nogueira, T. (2017). Mucama Permitida: a identidade negra do trabalho doméstico no Brasil. Retrieved July 20, 2023, from https://periodicos.ufba.br/index.php/cadgendiv/article/view/22482/15427
OAS and PADF (n.d). Our rights as domestic workers: the international agreements that support them, what is happening with them today and how we can demand them. Retrieved July 14, 2023, from https://www.oas.org/en/cim/domestic-work/media/pdf/Guia2-ENG_TDH-OEA.pdf
Salvador, S. and Cossani, P. (2020). Domestic workers in Latin America and the Caribbean during the Covid-19 crisis. Retrieved July 14, 2023, from https://www.ilo.org/wcmsp5/groups/public/—americas/—ro-lima/documents/publication/wcms_751773.pdf
Verdélio, A. (2023). IBGE: número de trabalhadoras domésticas caiu em dez anos. Retrieved July 18, 2023, from https://agenciabrasil.ebc.com.br/geral/noticia/2023-04/ibge-numero-de-empregadas-domesticas-caiu-em-dez-anos
