Domestic Workers: Employees or Servants? Author(s): Brenda Grant Source: Agenda, No.

35, The Labour Market (1997), pp. 61-65 Published by: Agenda Feminist Media Stable URL: http://www.jstor.org/stable/4066092 . Accessed: 19/07/2011 15:45
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Domestic workers ~~t?gser~C- ePo 4o

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BRENDA GRANT argues that the continued vulnerability women in the of domestic sector has layers of colonial and racial oppressionto blame. Unionsand the law have still to protect domestic workersagainstsome of the most exploitativelabourpractices in the workplaceof the home
omesticworkers constitute largest the singlesectorwherewomenare employedin the labourmarket.Itis estimatedthatoverone millionpeople are 11 engagedin this service,comprising percent in of overallemployment the formalsectorof the economy.At the same time this significantly largesectorof the labour marketperforms its workundersome of the most oppressive working conditions experiencesa high and degreeof economicand physicalabuse with fromthe law or society. littleor no protection The Limbrick Report(1993), discussed in Budlender's research(1997) on domestic workersindicatesthat this sector is larger than miningand agriculture. profileof The domestic workersreveals that 89 percentare African,most of whom are women. A large proportion these women are eithersingle of in or breadwinners the only breadwinner households (Madonsela,1994:17). Inthis in brief,I look at the reasonsforthe as apparent neglectof domesticworkers a sectorof employees,and advancesome is thoughtson why this situation perpetuated. whichbeset Some solutionsto the problems in the womenworkers the domesticeconomy willalso be considered. The law, and society, has yet been unableto see its way clear to treating domestic workersas employees: they are regardedas servantsfor ideologicaland historicalreasons, thus makingpractical reformof workingconditionsdifficult.
D

IN BRIEF

Our offers protection domestic law little to workers employees. arecurrently as They covered theBasicConditions by of Act to Employment 3 of 1983(butsubject various exceptions different and conditions) Relations 66 of 1995, Act andtheLabour rights which regulates collective bargaining unfair There andprotection dismissal. against in is no protection offered regard general to so socialbenefits, thattheyarenotafforded Insurance benefits theUnemployment from Act30 of 1966(which provides unemployat ment, illness maternity and benefits 45 where the percent theemployee's of salary are necessary conditions met).Theyarealso in notafforded of protection terms the for and Compensation Occupational Injuries Diseases 130of 1993which Act grants at benefits employees areinjured work to who orwhocontract work-related illnesses. Most arenotcovered theWage by significantly, they Act5 of 1957,(see Nyman, 7) which pg regulates minimum the wagesforemployees power. whodo nothavecollective bargaining Thecumulative effectis thatthe law workers be paidthe to allows domestic lowest wages,withno sociallegislative in of protection circumstances injury, The or unemployment maternity. effectis to of underclass employees createan economic in the labour which allows market, to through disadvantage perpetuate of generations families. Madonsela (1994:1)quotesa personal

Domestic workers constitute the largest singlesector where women are employed

AGENDA

61

SERVANTS? WORKERS: OR F INBRIE DOMESTIC EMPLOYEES

account by a domestic workerwhich indicatesthe circumstancesclearly: Five years ago, my mother had an accidentwhich left her confinedto a wheelchair therestof herlife.She had for beenworking Mrs for Cornelius a live-in as domestic worker since the age of 16. At the timeof the accident, was 39, a she singlemother two;myself of aged15at the timeand my five-year-old brotherThere was a burglary bothmy mother and and MrsCornelius were shot. MrsCornelius died instantly my mother and sustained severe spinal injuries. motherwas My hospitalised a very long time and for accumulateda high hospital bill on which,to date,we stillowemoney. MrsCornelius' house was subsequently sold by her son who had emigrated to Australia. new owners The advisedus to find alternative as accommodation they needed the servant'squarters their for own live-in domestic worker three The of us went to live in a shack in Alexandra I Township. had to leaveschool in the middle standard andtookup work of five as a domesticworkerto supportmy mother my brother mother and died My and recently the meagre benefit had we beguntoreceive herdisability for stopped. andleftthem thelockwhenshe wentto in Then work. she'd phone home say,'Oh and Stephanie, pleasecall one of my children andtellthem hidethekeysaway'. to

Ideological framework
Societyhas historically attacheda low valueto 'women's work'and blacklabour. Domestic work,by its naturein patriarchal society,is because it has traditionseverelyundervalued allybeen treatedas women'sunpaiddutyin marriage. excludedfromthe public Women, economicsphere,wereresponsible the for provision home comforts,cleaningservices of and childcare facilities enablemen to to properly perform publiclifeunhindered in by these responsibilities. adventof increased The of numbers womenentering public the economicspherehas merelyshiftedthe burden otherless empowered to women. Therehas been littlemindshift the value in attachedto these duties,whichare treatedas unskilled of littlesocialvalue.Itis no and coincidence thatothersectors,traditionally regarded 'unskilled', undertaken as but predominantly men (in the agricultural by and miningsector)have won fargreaterrightsand legal protections ourlaw. in This positionis aggravatedby the low weightthat has historically been attachedto black labouras 'uncivilised', unskilledand and beforethe era of apartheid. cheap during This is coupledwiththe long-standing colonialcultureof our society of having servantsto administer one's needs. to The twindisabilityof a sex and race discriminatory ideology creates an insurmountable for difficulty workersin this since these forms of sector,especially discrimination deeply embeddedin our are social and legal order.Manyblack women findthemselves in the positionwherethey are forcedto do underpaid, undervalued 'women's work',andthereafter return to home to do exactlythat'women'swork'again. This is aggravatedby the fact that strategiesto dismantlethese forms of

Theadvent of increased numbers of women the entering public economic sphere has merely shifted the burden to Theemployment relationship otherless Because of the personal(domestic) and natureof the employment, empowered individualised many domestic workersare subjectedto women high levels of verbal,sexual and emotional
abuse. Grossman(1996:3) quotes from varioussources a wide range of instances of such abuse: Myfriend who worked Pinelands, in she waspregnant she didn't but knowwhoit was - the father the son - they both or rapedher Theyuse ourbodiesany way theywantto. Themadam said 'This rubbish can't here do anything, can'tcook'. Andas thisgirl openedtheoven,this woman gave hera pah, a goodsmackand thisgirl just run and outside cry. Sometimes employer) the (my forgot keys

62

AGENDA

SERVANTS? BR DOMESTIC EMPLOYEES WORKERS: OR IN 1fF to are discrimination seldomlinked ortreated As discrimination. Harris as multiple states: (1990:589)
will experience alwaysbe Blackwomen's subjected before being fragmented forcibly to analysis, as those who are 'only and in interested race' thosewhoare'only in interested gender'take theirseparate slicesofourlives.

with are riddled Calls equality often for divides and and cultural, economic social, or where women (black white, concerns with concerned or middle-class not)who,while in often of theplight women theworkplace, in caught theroleof employer themselves find of workers. often oppressor) domestic (and

QfL
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Pragmaticlimitations
bargaining lack workers collective Domestic workers Thefactthatmostdomestic power. employby employed individual aresingularly lack to erscontributes greatly their of econocondiby Fragmented different micmuscle. relationships tionsof employment, personal of spread and with employers thegeographical of has that employees meant theorganisation Even is difficult. where thissector extremely in workers beeneffective have domestic with has membership beensmall, unionisation, or members evenfewer willing ableto particiin 1997). (Grossman, patefully itsactivities in numto Thisinability organise substantial bargaining a bershasmeant weakeconomic states: As (1996:35) position. Smith
The realityof domesticwork in South is Africa thatuntilpoorblackwomenno it unskilled do longer thework willremain labour.If maids went on strike and mass action, engagedon a nationwide wouldtheranddrop?

Inaddition, thereis insufficient support which and from largeunions federations, the workers 'third-class to appear givedomestic movement within union the status' workers are 1997).Evenwhere (Grossman, in they activities, to willing participate union becausetheyfearthewrath remain reluctant or Unlike other sectorial of their employers.

unionswhereworkershave industry-based strengthof numbersin dealingwith management,domesticworkersare alone in theirworkplacestruggle;it singularly is not so easy to challengethe bosses. domestic The resistanceto including in has in workers legislation beenjustified a earn ways:the workers of number pragmatic and ofteninvisible too little,are scattered, who lack admininvolvetoo manyemployers by capacityrequired the schemes istrative 1994:12).Thereare also fearsthat (Madonsela whichinclude relationships legal,formalised contribuwages, social legislation minimum of to tions,and accountability the Department too will Labour make the relationship burdensome, therebyforcingemployersto terminate the servicesof domesticworkers.

of Members the African South Domestic Union Workers ina (SADWU) the playhighlight of problems workers domestic

Solutions
The plightof domesticworkersneeds to be addressedin a proactiveway by society,the unionsand the law.This is particularly Act in imperative the lightof the Constitution 108 of 1996 wheresection 9 guarantees

Calls for are equality riddled often social, with and cultural,
economic

divides

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SERVANTS? OR WORKERS: EMPLOYEES E IN BRI F DOMESTIC

equalitybeforethe law and authorises affirmative action measures in law to protect and advance those who have been previously It disadvantaged. wouldseem that domestic workersare exactly one of the-most disadvantaged groupsthat requirepositive protectionfromthe law. The firststep in this regardis to recognise the social value of workin the domestic sector, despite its historical relegationto insignificance. Grossman(1997:2) states the position as follows: Domesticwork is socially useful and It necessary. imposes greatresponsibility and drawson a rangeof sociallyuseful skills. It involvescleaning,feedingand caringfor millionsof people.Domestic workers usedandabused cleaners, are as cooks, household managers, secretaries, sex-workers, security guards,confidantes, psycho-analysts, nurses,social workers, tutors, gardeners, chauffeurs, dress-makers, interior etc. workers decorators, Domestic are entrustedwith the most important human financial and possessions many of of theiremployers theirchildren their and houses household and possessions. The second step is to includedomestic in workers all the relevant labour legislation. Concernsaboutthe administrative burden to since all employersare not convincing, employersshould,once they enterintothe benefitof an employment also relationship, bearthe social responsibilities employment. of Waysneed to be foundto alleviate the administrative burdens bi-annual for and annualemployerand employeecontributions to a fundforthis purpose(perhapssimilar to the submission incometax returns). of In the addition, fearsof mass unemployment as resultof legislative regulations whichhave been introduced have provedto be unrealistic. The inclusion domesticworkers the of into Basic Conditions Employment andthe of Act Labour Relations has not resulted Act in massiveretrenchments, dismissalsor for unemployment domesticworkers.

The thirdstep wouldbe to createstrong supportforcollectivebargaining. a In submission the Congressof SouthAfrican to TradeUnions(COSATU), Grossman (1997) has arguesthatCOSATU a strongresponsibilityin organising domesticworkers arising fromthe numerous factors,including: * its broadcommitmentto the struggle againstsocial and economic oppression; * its specific commitmentto the removal in of gender,sex and race discrimination a patriarchal society; * its commitmentto combatting'market pressures'whichemployershave previouslyused as a justification push to pay and conditionsdownwards towards the base of the 'poorestof the poor'. Largetradeunionfederations, whichhave politicalclout and economic power,are best placedto endorse,encourageand boost the economic muscle of domesticworkers.So far theireffortshave been discouragingly inconspicuous.Lastyear the SouthAfricanDomestic Workers Union(SADWU) dissolvedby was COSATU. After11 years witha membership that neverexceeded 7 000, the unionwas beset withadministration problems.Itwas the only voice and advice office forthis sector (FerialHaffajee, August29-September4, Mail& Guardian). COSATU promisedto has findSADWU membersanotherhome within A the federation. COSATU team task appointedto planSADWU's futureand assess the mistakesmade withthe unionreportedly has not made much progress,insteadit has membersfromtryingto keep discouraged unionoffices open.

Thefirststep is to recognise the socialvalue of workin thedomestic sector

Conclusion
Inthe era of equitylegislation, industrial mediation skillsdevelopment, plightof and the domesticworkers wouldseem to be an anachronism. The ideologicalbarrier seeing of domesticworkers servants,rather as than as role employeeswithrights,plays a significant in the failure society and the lawto take the of concernsof the domesticsector seriously.

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DOMESTIC EMPLOYEES WORKERS: OR SERVANTS? INBRIE F Union organisation theinforming and of domestic workers their of bargaining and workplace rights under Labour the Relation ActandtheBasicConditions Employment of Act,willbe a goodstarting to breaking point down barrier. farreaching any this How will be change if,inthissector, employers' practices cannot challenged? be Social for security domestic who workers, falloutside thescopeof theUIF, mustbe considered. Socialresistance arguments and against inclusion sociallegislation be into must minimised replaced pragmatic and by solutions. Broad-based consultation by domestic and workers, socialandlegal are to is there a support necessary ensure general acceptance domestic of service as valued, skilled responsible and work.
University CapeTown. of Grossman (1997) 'Summary submission J of on domesticworkers' COSATU to September Commission. Harris (1990) 'Raceandessentialism feminA in ist legaltheory', 42. Stanford Review, Law Limbrick &Associates(1993) 'Extending J the provisions the Workmen's of Compensation Act andUnemployment Insurance to Act domesticworkers', report the to Department Manpower, of Pretoria. T Madonsela (1994) 'Socialsecurityfor domesticandfarmworkers', Centre for Applied LegalStudiesresearchproject, commissioned the National Labour and by EconomicDevelopment Institute. SmithG (1996) 'Madam Eve:a and of caricature blackwomen's subjectivity?', Agenda,31.

REFERENCES
D Budlender (1997) 'Domestic Workers', unpublished research the Community for AgencyforSocialEnquiry. J wishis thatmy kids Grossman (1996) "'My willtryto understand one day"me domesticworkers SouthAfrica in the communicating experience abuse, of resistance hope',unpublished and paper,

Howfar will reaching anychange be if, in this sector,

Brenda isasenior Grant lecturer School atthe ofLaw, University Pietermaritzburg. ofNatal, employers' She lectures law, labour gender the and law practices and administrative law

workers Africa. inSouth Whenever you you talk say,my mother a domestic and was worker,! African 1996 (ongressSouth of InSeptember the know hardisfor people'. now how it you But we Trade (COSATU) South Unions the African said are the in dumps you leave like and just us that. Domestic Union Workers (SADWU)dissolve. must You about you the talk how are umbrella and The federation tofind new for promised a union you usall shelter. how you give a But come domestic Ayear inSeptember workers. later 1997, Ilisten don't the give domestic ashelter? worker domestic were waiting. workers still Domestic with toyou you we a weapon the and say have workers the from Western produced (ape a slogan, injuryone aninjuryall'But 'an to is to ata pamphlet workshop organised byMasabelane can explain tome this because seeit asI you todistribute COSATU They atthe Congress. are for unions have money. that got you just the demandedCOSATU which they that decide union we You know astrugglehave don't what must asCOSATU isanumbrellaallworkers. for join, in backyards. now then got the Every and you asked (OSATU tosupport affiliates them They other we come Then send say must toyou... you usto intheir struggle a union for desk for and a and the Commission for Conciliation, and Mediation resources domestic can helped sothat workers be with Arbitration ortomanpoweraletter. (C(MA) with problems: their union that And say must tothe office they we go Iwould to have. cannot COSATU, like know something you we say cannot We gotooffices tolisten a union knows struggle. because are without that our you supposed toall

Thestrugglein the backyards

cannot be challenged?

AGENDA

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