Unseen, unheard and unrecognized within the walls of the house, domestic workers are the most vulnerable to exploitation and oppression. ILO Convention No 189 defines domestic work as “any work performed in or for a household or households” and domestic worker as “any person engaged in domestic work within an employment relationship”. Domestic work may incorporate the services such as cleaning, cooking, and washing, taking care of the children or other members of the family, guarding the house, gardening, and other forms of household services. ILO has recognized domestic workers as the workers in the care economy who work in or for private households on an occupational basis recognizing that such workers provide services and goods that are socially necessary for the maintenance of household and well-being of the members of the families.
Domestic works are mainly done behind closed doors that make it uncertain and unknown to the outside world. So the domestic workers, in addition to being underpaid and overworked- are more susceptible to remain socially and legally unprotected. These workers are more vulnerable to physical, sexual and mental abuse along with long working hours and deprivation. Since, the domestic work is more of the informal nature, even in the countries with sufficient legal protection, the legal protection becomes difficult. Around 81 percent are in informal employment—that’s twice the share of informal employment among other employees.
Historically, labor law emphasizes industrial work and the protection of labor working in the industrial conditions. Domestic work is often not recognized as a work. The employment in the household is often regarded as an informal and private matter. In such a context, it is difficult to abide by both the employer and employee by some rules and regulations. Despite their crucial role, domestic workers are often excluded from labor protections provided to other types of workers. Domestic workers typically work alone, hidden behind the closed doors of a private home. Such isolation, along with socio-economic vulnerability and pervasive discrimination, perpetuate deep-rooted barriers to fair working conditions.
The work of the domestic worker is based on personal subordination rather than pre-established rules in the factories or offices. This situation puts the domestic worker within the dependency of the employer in determining the limit of work, time and remuneration. Also, domestic workers work in isolated conditions that deprives them of the right of collective bargaining, and joining the trade union is impossible and far cry. Therefore, resistance to inadequate working conditions is very difficult, putting them to even more suppression and in the darkness of silence.
The domestic workers do the most precious work bringing the order and management to the household but remain undervalued, unnoticed and unrecognized. Many of the domestic workers carry out their activities without vocational qualifications, and their position remains weak, easily replaceable based on the will of the employer. Exploitation and discrimination are high and sexual exploitation is also common when most of the domestic workers are women. Moreover, this informal nature of work resembles unpaid family work.
Achieving a better level of recognition and protection to the domestic workers would require significant legal reform. Though the Nepali Labor Act has recognized the domestic worker, it is not going to be enough. The special attention to the implementation of the rights of the domestic labor must be given as domestic work remains informal within the isolated environment.
The real problems remain with the control of implementation. The inspection of the domestic working conditions and the learning of the status of the domestic worker from time to time is going to be inevitable. Since, the labor work comes under the private sphere; the intervention in the working condition can take place only in highly specific instances which are explicitly enumerated by law. Therefore, in order to improve the situation of domestic workers will require comprehensive laws for enforcement of the rights of the domestic workers compared to other workers.
Workers themselves must be in a position to enforce these laws and to bring blatant violations to the attention of the government authorities. Efforts on two fronts will be required: education of undocumented domestic workers concerning their basic rights and elimination of barriers to domestic workers’ enforcement of their rights.
Another requirement of the proper enforcement of labor law rights depends on the ability of the worker to register a complaint to certain authority which can provide them with the legal recourse. Because of their precarious place within the private household where they have to spend most of the time, are not in the position to complain despite of the physical or sexual abuse, exploitation, or the deprivation of the rights guaranteed to any workers. Therefore, the laws must be reformed that allows domestic workers to come out of the shadows from the limitation within the walls of the house to challenge their wages, working conditions and threats from any kind of violence.
