domestic work – a legislative frame in the eu? etuc seminar brussels, 14-15 april 2005 wiebke...

Domestic work – a legislative frame in the EU?

ETUC Seminar

Brussels, 14-15 April 2005

Wiebke Düvel

European Trade Union Institute for Research, Education and Health and Safety

http://www.etui-rehs.org

http://www.etui-rehs.org/

Legislation and domestic workers

Definition:

« A domestic worker is a person working at an employers private residence to provide services. »

Laws exclude the domestic workers from the scope

Laws grant lower levels of protection

Laws are silent on the topic

Council of Europe

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

Art. 4.1. prohibits slavery and servitude

Art. 14 prohibition of discrimination

European Convention on the Legal Status of Migrant Workers (1977)

European Agreement on „Au pair“ Placement (1969)

Council of Europe

Recommendation 1663 (2004) – domestic servitude

Demands a charter of rights for domestic workers

Recognition as „real work“

Legally enforceable contract of employment

Health insurance

Family life

Leisure and personal time

Immigration status independent of any employer

Recommends a system of accreditation for agencies placing domestic workes

Ensure regular monitoring by authorities of those agencies

Recommendations as well on au-pair placement

European Directives

European Directives in the field of labour/social law

Categorie: silent on the topic

Parental leave, part time, fixed-term work, non-discrimination

Categorie: exclusion of scope

Health + safety Directives

Framework Directive 89/391 – Art. 3 a):

„worker: any person employed by an employer, including trainees and apprentices but excluding domestic servants“

Answers questionnaire - comparison

Subject of concern to trade unions – rather active – 6 countries:

Italy – Ireland – Netherlands – Spain – Switzerland - Belgium

Nothing on the topic – 6 countries:

Denmark – Iceland – Lithuania – Latvia – Romania – Sweden

Between those two – 4 countries:

Czech Republic – Finland – Germany – Portugal


Cross-border activity

None - except Italy

Plans of the Government

None – except Belgium, the Netherlands and Finland

Some specific examples

Trade union membership – Netherlands - Portugal

The results might be due to the definition given in the questionnaire


Country Collective agreement

Legislation

Belgium (+) (+)

France (+) (+)

Nether

lands

(+/-) (+/-)

Italy (+) (+)

Ireland (+/-) not specific

(+)

Country Collective agreement

Legislation

Czech Republic

(-) (-)

general law

Greece No data (-)

Social security

Lithuania (-) (-)

Romania (-) (-)

labour code


Country Collective agreement Legislation

Austria No data (+)

Denmark (-) (+)

Finland (-)

not for private households

(+)

Hungary No data (+)

Malta No data (+)

Portugal (-)

no employer organisation

(+)

Spain (-) (+)

Sweden (-) (+)




Country Collective agreeement Legislation

Latvia (+)

Nothing specific

(-)

Germany (+) (-)

Iceland (+) (-)

Switzerland (+) for Geneva (-)

Some national examples

France

Italy

Netherlands

Portugal

Spain

Domestic workers – what must be regulated?

Non-discrimination

Termination

Social Security

Leave

Health + Safety

Pay

Workingtime

Employment contract

Conclusion

Legislative framework needed to protect the domestic workers- ensure equal rights under labour and social law

Must be enabled to enforce and claim their rights

At European level: Definition needed

Recognised as a specific occupation

European legislation must apply as well to domestic work

At national level: Specific regulations needed

In legislation and/or collective agreements

Written employment contract

domestic work – a legislative frame in the eu? etuc seminar brussels, 14-15 april 2005 wiebke...

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