Introduction
The landscape of employment law often grapples with the unique circumstances of certain labor sectors. Among these, the realm of domestic work presents a particularly complex challenge, often falling outside the traditional scope of labor legislation designed for profit-oriented enterprises. This chapter delves into the specific legal position of domestic workers under Ethiopian employment law, analyzing how the Labour Proclamation No. 1156/2011 addresses their unique employment relationship, and comparing it with international approaches. We will also explore the pervasive challenges faced by domestic workers globally and the limited protections offered by existing legal frameworks.
The Scope of Ethiopian Labour Law and Domestic Workers
Article 3(2)(d) of Labour Proclamation No. 1156/2011 explicitly states that private employment relationships not based on profit-making activities are not fully covered by the Proclamation. Within this category, female domestic workers constitute the largest group. The majority of these workers reside in their employers’ homes, with their duties encompassing cooking, laundry, errands, childcare, and various other tasks assigned by their employers. Private drivers and residential guards are also classified under domestic workers.
Proclamation No. 1156/2011 introduced a new definition for ‘private domestic employment’ that was absent in the previous Proclamation No. 377/96. Accordingly, ‘private domestic employment’ is defined as:
“Work not based on profit-making activity, providing services within a household for the consumption of the employer and their family, including food preparation, cleaning, nannying, security work, driving, gardening, and similar tasks.”
International Context and Challenges Faced by Domestic Workers
Domestic workers in many countries are largely excluded from standard labor laws and receive minimal legal protection. For instance, in South Africa, while standard labor law does not apply to domestic workers, they are included in unemployment insurance coverage and are entitled to benefits related to pregnancy and illness. In the United Kingdom, the average maximum 48-hour work week does not apply to domestic workers, but they are entitled to daily rest periods, weekly rest days, and paid annual leave.
Studies indicate that approximately one hundred million people globally are engaged in domestic work. These workers, including those who have migrated to other countries for employment, face severe and compounding challenges. Low wages, heavy workloads, inadequate living quarters, insufficient food provisions, exclusion from society and social security coverage, sexual harassment (sometimes leading to forced rape), unlimited employer control, lack of legal protection, insufficient attention from governments, inadequate supervision of their working conditions, denial of the right to organize, and similar issues remain widespread and unresolved. While the severity of their working conditions may vary slightly from country to country, their employment relationship often transcends mere employment, reaching a level that can be characterized as servitude.
Limitations of the Ethiopian Civil Code
The four provisions found in the Civil Code (Articles 2601-2604) do not govern all non-profit private service employment relationships, nor are they adequately formulated to provide proper protection for domestic workers. For example, Article 2601 generally advises employers to be reasonable regarding crucial aspects such as living space, food, working hours, and rest periods, but it fails to explicitly define minimum enforceable working conditions. Article 2602, while imposing a responsibility on the employer to provide medical treatment, permits the employer to deduct the cost of such treatment from the worker’s wages.
Conclusion
The legal framework surrounding domestic workers in Ethiopia, while having seen some updates with Proclamation No. 1156/2011, still presents significant gaps in comprehensive protection. The exclusion from the full scope of the Labour Proclamation, coupled with the limited and sometimes unfavorable provisions of the Civil Code, leaves domestic workers vulnerable to exploitation and poor working conditions. The global challenges faced by this workforce underscore the urgent need for more robust legal frameworks that recognize their rights and ensure their dignity and well-being.
References
[1] R. Blanpain, ed., Comparative Labour Law and Industrial Relations, page 326.
[2] Paul Benjamin, ‘Beyond The Boundaries: Prospects for Expanding Labour Market Regulation in South Africa’ In G. Davidov and B. Langille, eds., Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work (Portland: Hart Publishing, 2006), page 201.
[3] Deborah J. Lockton, Employment Law (4th edn, New York: Palgrave Macmillan, 2003), page 92.
[4] Hugh Collins, K. D. Ewing & Aileen McColgan, Labour Law, page 67.
[5] International Labour Office, ABC of women workers’ rights and gender equality (2nd edn, Geneva: International Labour Office, 2007).
[6] Darcy Du Toit, “Extending the frontiers of employment regulation: The case of domestic employment in South Africa.” Law, Democracy & Development 14 (2010) doi:http://dx.doi.org/10.4314/ldd.v14i1.6, page 3.