Domestic workers are not slaves and should be treated with dignity and respect

The domestic work sector in the Kenyan economy is not properly regulated yet it plays a key role in economic growth and development, and is a major source of employment in urban and peri-urban areas. Domestic workers perform a range of services and tasks including cooking, cleaning, laundry, child care, elderly care and others as assigned. But despite performing these essential services for the well-being of families and the smooth functioning of the national economy, they have long been ignored in labour legislation and social policy.

Domestic work, mainly done by women, takes place behind closed doors, is privatised and almost invisible to the outside world. These workers are susceptible to long working hours, poor pay as well as physical and sexual abuse. The majority work without clear terms of employment and are excluded from the scope of labour legislation.

An alarming statistic is that many Kenyans in cities like Nairobi, Mombasa and Kisumu do not pay the minimum wage. According to the Regulation of Wages (General) (Amendment) Order 2017 of the Labour Institutions Act, the monthly contract rate for a domestic worker in the three cities is Sh12, 926.55 for those employed on contract, Sh622 for a daily engagement and Sh115.50 as the hourly rate.

Entitlements

In addition, domestic workers are entitled to one day off a week. It is not uncommon to find the majority of households paying their domestic workers a measly Sh5, 000 or less and working them seven days a week with no breaks. This represents a gross violation of the labour rights of domestic workers.

There are minimum labour rights domestic workers are entitled to that include the right to an employment contract if employed for more than three months; National Health Insurance Fund (NHIF) remittance if earnings are more than Sh1, 000 per month and National Social Security Fund (NSSF) remittance.

Further, they have the right to form and join and participate in trade unions, are entitled to three months’ maternity leave or two weeks’ paternity leave with full pay, and compensation in work-related illnesses or death. The employer is also responsible for providing protective clothing, decent housing or payment of a housing allowance or a consolidated salary in lieu. It is important to note that the minimum monthly wage is exclusive of a housing allowance whereas the minimum daily wage is inclusive of a housing allowance.

As a signatory to the International Labour Organisation (ILO), the Ministry of East African Community (EAC), Labour and Social Protection is yet to ratify the ILO (2011) Domestic Workers Convention No 189, which articulates the global standards for decent work for domestic workers and accurately frames the current reality of domestic work. The ratification of the convention would be a positive step towards achieving decent work for domestic workers in Kenya.

Positive contribution

As a country, we need to recognise the positive contribution domestic workers make in our families and their direct and indirect contribution to the economy. Paid domestic work will continue to be an important source of employment for both women and men in our society.

The multiplicity of actors who interact directly or indirectly with domestic workers need to harmonise their efforts to ensure that the sector is regulated and provides a safe environment free of abuse, pays a minimum wage and responds to the socio-economic needs of domestic workers. Most domestic workers need financial management training to help them actualise their ambitions of self-employment or savings for the future.

There is also need for concerted efforts to create an enabling policy environment. This will ensure implementation and enforcement of the Employment Act, thus contributing to the streamlining and regulation of the domestic workers sector.

Trade unions like the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha) need to lobby the Government to ratify Domestic Workers Convention No 189 and work closely with the relevant labour agencies and departments to enforce the convention. In addition, registered trade unions should undertake massive domestic worker recruitment drives to ensure that they are unionised hence giving them a voice, and also sensitised on dispute resolution and grievance handling. This way, domestic workers can be protected from exploitation and abuse.

Finally, the Government and employers need to recognise the need to gradually shift remuneration from minimum wage to a living wage. Through this, we will ultimately ensure that domestic workers have income to meet their basic needs and attain a decent standard of living.

Mr Wangombe works with Hivos East Africa