Decent Work Deficits

Decent Work Deficits
The situation of Domestic Workers in India,

Indonesia, Nepal and the Philippines
Decent Work Deficits: the Situation of
Domestic Workers in India, Indonesia,
Nepal and the Philippines
by
Tricia Clare Oco
Visayan Forum Incorporated
for
Committee for Asian Women
Decent Work Deficits
The Situation of Domestic Workers in India, Indonesia, Nepal and the Philippines
Publisher: Committee for Asian Women (CAW)

386/58 Soi Ratchadaphisek 42
Ratchadaphisek Raod, Ladyao
Chatujak, Bangkok 10900, Thailand
Tel: +66(0) 2930 5634/5
Fax: +66(0) 2930 5633
Website: http://www.cawinfo.org
Year of Publication: 2010

Edition: 1st
Printed in: Thailand
About CAW
Committee for Asian Women (CAW) is a regional network of 46 women workers group in 14
Asian countries that aims to empower women workers to protect, advocate, and advance
their rights. Since her birth more than 30 years ago, CAW has become part of the global
movement advocating women workers’ rights.
CAW’s vision
CAW envisions a world where all people are free to develop their potential without any
form of domination and exploitation based on class, gender, colour or religious belief. This is
a world where the common wealth is used for the common good, workers enjoy the fruits
of their labour, women prevail against patriarchy, and women workers determine their own
destinies.
2
Note by the Author
To write this report, I used the materials and information provided by Self Employed
Women’s Association (SEWA); Children –Women in Social Service and Human Rights
(CWISH) and the information from the National Labour Academy in Nepal provided by Milan
Dharel; the materials provided by Kate Willingham from Anti-Slavery International; and
Visayan Forum Incorporated (VF). The issues, questions, comments and views expressed by
participants of the Regional Conference on Domestic Workers 26-27 August 2008 Bangkok
Thailand organised by CAW also provided new and helpful insights during the finalisation of
the report.
Due to limited resources and time, the report focused mainly on secondary sources. One
big challenge and limitation is the availability and/or accessibility of materials. Thus, the
information, materials and sharing of ideas provided by these organisations and participants
mentioned are greatly significant.
Tricia Clare Oco

Researcher
Visayan Forum Inc.
3
Contents
Introduction ................................................................................................................................................ 7
Objectives .............................................................................................................................................. 7
Methodology ........................................................................................................................................ 7
INDIA ............................................................................................................................................................. 8
ACRONYMS ........................................................................................................................................... 9
1 INTRODUCTION ........................................................................................................................... 10
2 PROFILE OF DOMESTIC WORKERS ...................................................................................... 11
2.1 Local domestic workers .................................................................................................... 11
2.2 International migrant domestic workers .................................................................. 15
2.3 Migrant domestic workers going to India ................................................................. 17
3 CONDITIONS OF WORK AND VULNERABILITIES OF LOCAL AND INTERNATIONAL

MIGRANT DOMESTIC WORKERS .............................................................................................. 18
3.3 Migrant domestic workers going to India ................................................................. 28
4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS ..................................... 29
4.1 The Constitution of India.................................................................................................. 29
4.2 National laws on local domestic workers .................................................................. 29
4.3 National laws on international migrant domestic workers ................................ 32
5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION ....................................... 34
5.2 International domestic workers and Federal Government interventions .... 38
6 CONCLUSION ................................................................................................................................. 41
INDONESIA ............................................................................................................................................... 42
ACRONYMS ........................................................................................................................................ 43
1 INTRODUCTION ........................................................................................................................... 44
4
2.3 Migrant workers going to Indonesia ........................................................................... 51

3.2. International migrant domestic workers ................................................................. 57
4.1 The Constitution of Indonesia ........................................................................................ 62
5.2. International domestic workers and Government interventions ................... 70
6 CONCLUSION ................................................................................................................................. 72
NEPAL ACRONYMS................................................................................................................................. 73
ACRONYMS .............................................................................................................................................. 74
1 INTRODUCTION ........................................................................................................................... 75

4.1 The Constitution .................................................................................................................. 89
5
5.2 International domestic workers and Government interventions .................... 96
6 CONCLUSION ................................................................................................................................. 98
PHILIPPINES ............................................................................................................................................. 99
ACRONYMS ..................................................................................................................................... 100
1 INTRODUCTION ........................................................................................................................ 101
2 PROFILE OF DOMESTIC WORKER ..................................................................................... 102

2.1 Local domestic workers ................................................................................................. 102
2.2 International migrant domestic workers ............................................................... 105

MIGRANT DOMESTIC WORKERS ........................................................................................... 108
4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS .................................. 119
4.1 The Constitution ............................................................................................................... 119
4.3 National law and protection from other abuses of local and international
migrant workers ...................................................................................................................... 127
5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION .................................... 131
6 CONCLUSION .............................................................................................................................. 139
Conclusion and recommendation .................................................................................................. 140
Conclusion ....................................................................................................................................... 140
Recommendations ....................................................................................................................... 144
BIBLIOGRAPHY ............................................................................................................................. 147
6
Introduction
Women workers in the informal economy consist of the most vulnerable working sectors in
society. They come from a marginalised population whose legal, economic and political
status limit their ability to demand or access their rights. These women include domestic
workers whose social and economic contribution to society are invisible to the public, the
law and policies of the country. They face challenges because their work is not considered
‘real’ work so that their rights to minimum standards of decent work are continually
violated. The unique feature of their workplace, which is the home of their employer, makes
them vulnerable to abuses and exploitation. This is because the State would always be
reluctant to consider a home a workplace that they can regulate. The lack of capacity,
support and unity as an organised sector make the challenges they face doubly difficult. As a
result, this research attempts to look at these challenges through studies into the profile of
domestic workers, their burdens and vulnerabilities in work, existing labour and other
legislations that are applicable to them, efforts of the government to address the issues and
efforts of domestic workers and partner organisations to organise them. This research will
cover issues related to minimum standards of decent work, including, definition, terms and
condition of domestic work, live-in and live-out arrangements, wages, leaves and social
security. The research will also cover the phenomenon of migration at the local level
(domestic migration) and some information on international migrant domestic workers.
Objectives
 Gather information on different categories of domestic workers, mainly local women

domestic workers, child domestic workers and migrant (overseas) domestic workers.
The dearth of information on domestic workers has proved a challenge in designing
policies, programmes and monitoring systems;
 Use the information as a tool towards legislation for domestic workers, advocacy
towards application of existing laws ;
 Use the information to push for the adoption of ILO Convention on Domestic Work.
Methodology
This research used desk review based on secondary available resources, statistical data and
recent survey related to domestic work. Materials provided by CAW partners during the
CAW organised domestic workers conference in Bangkok in August 2007 also served as
bases for the research.
7
INDIA
ACRONYMS
BLSA of 1976 Bonded Labour System (Abolition) Act of 1976

NCW National Commission for Women
NDWM National Domestic Workers Movement
SC-UK Save the Children-United Kingdom
SEWA Self Employed Women’s Association
9
1 INTRODUCTION
The stigma attached to domestic work has long been ingrained in the mindset of the
Indian society. Domestic work is seen as menial and impure occupation traditionally
performed by people, mostly women and children, whose lives are still dominated
by a caste system that assigned people his/her place in the society.
Domestic workers in India lack access to sufficient and effective statutory framework
and institutional mechanisms for their protection. Steps have been taken by the
Government both at the national and state levels to protect their rights.
Nevertheless, the few labour laws enacted by the national and state Governments
addressing domestic workers face the challenge of implementation. This is
aggravated by the discriminating attitude of many employers against the domestic
workers, including caste prejudices. As a result those who carry out domestic work
are largely ignored working sectors often socially excluded and economically
exploited.
On the other hand, the Government recognises the prominent role of migrant
domestic workers as a source of foreign exchange in the Indian economy and a
solution to the country’s unemployment issues. Compared to their local
counterparts, a higher degree of regulation is exerted by the Government in the
process of their deployment. But despite efforts by the Government, Indian
domestic workers within and outside the country remain vulnerable to all forms of
exploitation from the moment they enter the recruitment process and up to the
time they enter the workplace.
10
2 PROFILE OF DOMESTIC WORKERS
2.1 Local domestic workers
Domestic workers constitute one of the largest working women sectors in India.
They also represent one of the largest numbers of workers in the informal economy
of the country. The varying statistics on their population would illustrate the
significance of their participation in India’s workforce. According to the National
Domestic Workers’ Movement *NDWM+, an estimated 20 million people work as
domestics throughout the country.1 Of these workers, 90 percent are women and
children between the ages of 12 to 75 while those below 14 years old make up 25
percent of the workers.2 Social Alert made a similar estimate in year 2000 stating
there are 92 percent women and children domestic workers while 20 percent of
them are under 14 years.3
A significant population of women and children domestic workers tend to be

concentrated in large cities of the country. In Mumbai city alone, an estimated
600,000 domestics work in the city of whom 80,000 are on full time employment.4
Bangalore is reportedly a host to 500,000 domestic workers.5 They are mainly
migrant women workers, 25 percent of whom are girls 10 to 16 years of age who
dropped out of primary school and accompany their mothers to work and would
soon end up being workers in their own right. 6 Ahmedabad city has are more than
50,000 domestic workers constituting mostly women.7 On the other hand, 5,000
children mostly girls work as domestic in the Bhubhaneshwar, the largest city of
Orissa, India.8
Table 1 illustrates the profile of Indian domestic workers by different groups, either
all through out the nation or in a particular city.
1
Estimates by National Domestic Workers Movement http://www.ndwm.org/
2
National Domestic Workers’ http://www.ndwm.org/
3
Social Alert 2000 estimates cited in Child domestic work: a violation of human rights, Report on the Legal position of Child
Domestic Workers in India, Dr. D. Lakshmi Rani and Mr. Manabendranath Roy (eds.) 2005
4
Id
5
Child domestic work: a violation of human rights, Report on the Legal position of Child Domestic Workers in India, Dr. D.
Lakshmi Rani and Mr. Manabendranath Roy (eds.), Save the Children-UK p. 6 [Hereinafter SC-UK]. Note SC-UK states that the
estimate is by Stree Jagruti Samiti a local nongovernment organisation
6
Id
7
Issues faced by domestic workers: Organising strategies used by SEWA-Self Employed Women’s Association, A Paper
Presentation on the Regional conference on Domestic Workers Asian Domestic Workers Network and Committee of Asian
Women on 26-27th August 2008 Bangkok. [Issues faced by domestic workers: SEWA]
8
Press Trust of India, Save toiling tykes, unionise domestic help, 2nd May 2005
http://www.expressindia.com/news/fullstory.php?newsid=45958#compstory
11
Table 1: Statistical estimates of Indian domestic workers
Date Organisation Place Age Women Children Total
range DW DW below
2008 NDWM India 12- 75 90 % 25 % (below 20 M
years 14 years)
2000 Social Alert India -o- 92 % 20 % (below 20 M
14 years)
2000 Social Alert Mumbai city -o- -o- 600,000
2005 SC-UK Bangalore city -o- They are 25 % (10 to 500,000
comprised 16 years)
mainly by
migrant
women &
children
As SEWA Ahmedabad city -o- Constitute -o- 50,000
reported mostly
in 2008 women
workers
(did not
specify
number of
girl
children)
As Press Trust of Bhubhaneshwar -o- -o- 5,000 -o-
reported India city
in 2005
Domestic workers constitute mainly low caste migrant women workers from
neighbouring rural areas or from other provinces or Indian states who would take
their children along to work with them.
Majority of these workers have very little or no education. In a socio-economic

survey conducted by Self Employed Women’s Association (SEWA), it found that
almost half of the 1000 women surveyed were uneducated.9 Table 2 illustrates the
educational attainment of women domestic workers surveyed:
Table 2: Level of education of women domestic workers surveyed

Sr. No. Level of Education Total No. of workers
1 Uneducated 421
2 1 to 3 79
3 4 to 6 152
4 7 to 9 296
5 10 to 12 87
6 Graduate 10
7 Post graduate 0
Source: SEWA
Domestic workers usually work on part-time or full-time arrangement. There are no
9
Issues faced by domestic worker: SEWA, supra note 7
12
specific standard or rule how many hours of work comprised full-time or part-time
domestic employment. The hours for full-time and part-time employment highly
depend on the employers and how long the domestic workers are made to work in a
day. One factor that usually differentiates a full time employment is that always the
domestic worker is expected to be on a live-in arrangement while part-time worker
is usually on a live-out arrangement. Part time domestic workers also earn lesser
amount of salary when working in one house than a full-time worker presumably
because a part-time worker spends lesser hours working compared to full-time
worker. For instance part-time work for one house can earn a monthly salary of Rs.
300 while a full time work for one house can earn Rs. 1000.10
2.1.1 Local migration
The fast development in the economy and the modernisation in the country have
had its significant repercussion on domestic worker labour flows. The process of
development has been extremely uneven and has caused the migration of poorer
people from rural to urban areas to look for work. Migration within the country
usually involved movements from rural areas to big cities.
Although migration within the country is found to be predominantly short-distanced

the number of inter-state migration remains overwhelmingly substantial.11 Around
60 percent of the migrants change their residence within their district of birth, while
20 percent migrate within their provincial state and the rest (another 20 percent)
across state boundaries.12 However, these inter-state migrants are 80 million in
actual number.13 And of these migrants, 20 million are domestic workers.14 For
instance, the northeast region states of Assam, Meghalaya, Nagaland, Manipur,
Mizoram, Tripura, Arunachal Pradesh, Sikkim, and Bihar have been the main source
areas for domestic workers in Kolkata, Delhi, Hyderabad, Mumbai, and, to a certain
extent, Bangalore.15
A perceptible phenomenon in the migration is that more and more women are
migrating individually or in groups to find a job.16 Domestic work has become the
natural avenue for work especially for those who lack skills and educational
qualification and have no other choice. Moreover, it is mostly women and children
who have taken on the job. What is disconcerting in this phenomenon is that women
migrate for long distances even for short-term jobs and even without concrete
prospects of employment so that they become vulnerable to abusive conditions of
10
SC-UK, supra note 5
11
Migration in India, trade union perspective, in the context of neo-liberal globalisation, by Sudhershan Rao Sarde, Regional
Representative, IMF-SARO, New Delhi available at
www.imfmetal.org/main/files/08102914241866/Migrant_workers_in_India.pdf [Hereinafter, Sarde IMF- SARO, Migration in
India]
12
Id
13
Id
14
Id
15
US Department of State, India Country Reports on Human Rights Practices - 2007
http://www.state.gov/g/drl/rls/hrrpt/2007/100614.htm
16
Sarde IMF- SARO, Migration in India, supra note 11
13
work, exploitation and sexual abuse .17 Trafficking in women and children for
domestic servitude remains a serious problem in India especially along the places of
migration.
2.1.2 Push and pull factors for local domestic workers
Poverty is the main reason many women and children engage in domestic work. In
almost all cases these domestic workers are the product of internal migration in
search of employment. Domestic work and the phenomenon of internal migration
are very much interlinked in India. Studies showed that an overwhelming majority of
the total estimated 20 million domestic workers are internal migrants..18
Poverty induced women and young girls to leave their homes, migrate to richer
urban areas to seek employment. Within this context of poverty they are
confronted with social and economic circumstances that drive them to seek this type
of work. NDWM identified the following socio-economic circumstances as follows:19
Family problems including rural and male unemployment, disputes at home, ill
treatment and loss of parents have resulted in their leaving the house to work as
domestics. It is also not unusual to find domestic workers who are single parents,
widowed or separated from their husbands or those with alcoholic husbands who
are compelled to work for the survival of their children. Natural calamities and
conflict situation such as insurgency are also factors forcing them to migrate because
of displacement and loss of livelihood and the lack of rehabilitation programmes. As
well, their debts due to failing crops also drive them to domestic work.
Because domestic work does not require possessing high technical skills it is but
common for many who have little education and/or work experience to engage in
this type of employment. Unaware of the difficult working conditions that usually
characterise many of these households, they see domestic work as a solution to add
to their meagre income and alleviate their impoverished plight.
On the other hand the demand for cheap labour in the growing market economies
has caused many women and children to seek employment in the cities and urban
areas. The urbanisation, the break-up of traditional joint family system, and the
increased demand for domestic workers from middle-class women who are taking
up jobs outside the home also contribute to more poor women and girls migrating
from rural villages to cities and urban areas in search of domestic work.20
The glamour of city life and the rising consumerism also lure them to domestic
work.21 The lack of access to education, especially among young girls, and false
17
Sarde IMF- SARO, Migration in India, supra note 11
18
See Sarde IMF- SARO, Migration in India, supra note 11
19
See National Domestic Workers’ Movement http://www.ndwm.org/about-dw/default.asp
20
Child Workers in Asia CWA Newsletter Volume 20, Numbers 1/2, January-April 2004
21
National Domestic Workers’ Movement http://www.ndwm.org/about-dw/default.asp
14
image of security and a stable, healthy environment at the employer’s home are
factors that entice them to domestic work. 22
The increasing development and urbanisation of certain industries in India have also
led to unemployment of workers in certain sectors. For instance, the adverse
repercussions of mechanisation of agriculture led to loss of livelihood by agricultural
workers. As a result, women and children migrate for work as domestics to address
the economic problems of their family.
Children end up in domestic work in other areas through different recruitment

patterns that facilitate their migration. Children from rural areas coming from poor
families are sent to live with better off relatives in urban areas with the promise that
they will be treated by relatives as their own children; some are sent together with
other household goods for purposes of child marriage; most have ran away from
home and ended up as domestics in urban areas; and they are recruited from their
villages by middle men and women. 23
The practice of child debt bondage to domestic labour in India is also a cause for
migration of the child to live and work in the employer’s home usually in urban areas
to pay the debts of the child’s family. A significant number of children are believed
to be in bondage domestic work.24 This is a common practice in India although no
studies are available to determine the number of children in bondage domestic
work.25 The effect of enforcement of child labour law may have established a
pattern of driving bonded child labourers from factories into households and other
home-based production units that are less likely to be visible to regulation.26
2.2 International migrant domestic workers
India is the second largest immigration exporting country in the world.27 Since its
independence in the 1950’s two distinct types of migration has been taking place in
India. These are permanent migration by technical skilled workers and professionals
to USA, Canada, Australia and other countries and migration by unskilled and semi-
skilled workers on temporary contracts usually to oil exporting countries like the
Middle East.28
With the increasing feminisation of migration, Indian women have now become a
prominent component of labour migration. This is especially true for unskilled
22
Id
23
24
Understanding Bonded Child Labour in Asia, An introduction to the nature of the problem and how to address it, Child
Workers in Asia (CWA) Task Force on Bonded Child Labour, William F. Stafford, Jr. (Primary Auth and Ed.) (2007)
(2007) [Hereinafter Stafford CWA, Understanding Child Labour in Asia]
25
Id
26
Id
27
Globalisation results in greater labour migration, Migrant Forum Asia http://www.mfasia.org/mfaStatements/F104-
Globalisationresultsingreaterlabourmigration.html
28
International Migration Statistics –India www.unescap.org/stat/meet/egm2006/ses.4_India_2.pdf
15
cheaper foreign labour like domestic work that has become a big demand in rich
countries. An aggregate number of around 100,000 Indian women domestic workers
are believed to work in the Middle East.29 They work mostly in Gulf countries
including Kuwait and Saudi Arabia. Indians form the largest workforce of around
240,000 domestic workers in Kuwait followed by Sri Lankans and Indonesians. 30 In
fact it has been reported that of that some 100,000 Indian domestic workers are in
Kuwait.31 Saudi Arabia hosts a relatively smaller number of domestic workers from
India compared to the number of domestic workers coming from Philippines and
Indonesia. Nevertheless, the fact that Indonesia, India, and the Philippines each
contribute over one million workers to the country32 and the prevalence of women
domestic migrant workers coming from these countries would actually show that the
actual numbers of Indian domestic workers are substantial.
Indian women domestic workers’ migration also occurs in other parts of Asia
although the number is not as large.33 Evidence of illegal emigration of Indian
women for domestic work was found in Singapore or Hong Kong. 34
Migration by Indian domestic workers in Britain usually occurs because they

accompany their employers who are mainly Middle Eastern, Indian, or British.35 In
the United States of America Indian families also tend to hire Indian domestic
workers or women of the same ethnicity. According to experts, in many cases
women domestic workers seek employment with people of their own ethnicity.36
South Asian women particularly, will find jobs in Asian upper class families through
direct advertisements in South Asian newspapers. 37 Moreover, it has been reported
that the "Asian-American community is much more insular, and tends to hire more
undocumented workers".38
2.2.1 Push and pull factors for international migrant domestic workers
The export of labour has been an essential approach of Indian Government for
addressing the economic issues in the country.39 Although the country has a fast
growing economy and possessed a large skilled workforce, poverty is still
29
Third world network, Asian female migrant workers require protection, says ILO by Chakravarthi Raghavan
http://www.twnside.org.sg/title/ilo1-cn.htm [Hereinafter Raghavan, Third world network ]
30
Kuwait Manpower agencies censured domestic workers from 18 countries 6 August 2007
http://www.unnindia.com/english/story.php?catID=1&Id=289
31
BBC News, India may lift Kuwait workers ban, 10 July, 2000 http://news.bbc.co.uk/2/hi/south_asia/827685.stm
32
Human Rights Watch, “As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia, July 2008
33
Raghavan, Third world network, supra note 29
34
Id
35
The New Bonded Labour? The impact of proposed changes to the UK immigration system on migrant domestic workers,
Vanina Wittenburg, Oxfam and Kalayaan 2008 p. 5 also available at
http://www.oxfam.org.uk/resources/ukpoverty/downloads/bonded_labour_full_report.pdf [Hereinafter Wittenburg, Oxfam
and Kalayaan]
36
Gotham Gazette New York City News and Policy, Maid In America, by Tracey Middlekauff,
http://www.gothamgazette.com/commentary/46.middlekauff.shtml
37
Id
38
Id citing Chaumtoli Huq, an attorney working with the South Asian Workers Rights Project.
39
See Human Rights Watch, Maid to Order: Ending Abuses against Migrant Domestic Workers in Singapore, December 2005,
Vol.17, No. 10 (C) p. 10
16
widespread.40 Many women and girl children still suffer from different forms of
gender inequality. This is despite Government’s increased efforts and progress to
protect women’s rights. The inequality that Indian women experience has significant
impact on why thousands of them travel to different parts of the world to look for
employment.
For instance studies have shown that; only 54 percent of women are literate as
compared to 76 percent of men; many of those who live below the poverty line in
the country are women; less women are paid in the workforce more wages than
men; women are under-represented in governance and decision-making positions
and they face violence in their workplace as well as inside and outside their family. 41
Confronted with this kind of socio-economic position in the society, having less
opportunity in their choices of employment and the poverty they faced, Indian
women are compelled to seek their fortunes out of the country. They perceived
working abroad as a means of getting higher wages and a chance improve the quality
of life of their families in the home country.42 On the other hand, increased
development in richer countries and their demand for domestic labour from poorer
and less developed country induced migration from India across international
borders. Because the job does not require high skills and experience, thousands of
these women seek this type of employment where they are most likely to be
qualified.
2.3 Migrant domestic workers going to India
India is also a country destination for migrant domestic workers coming from the
neighbouring countries Nepal, Bangladesh and Burma.43 These domestic workers
fare no better than the local counterparts. Moreover, very little data is available as
to their number and their real plight in India. Once in the country, they are quickly
assimilated to the informal sector and become part of the invisible workforce that
characterised the domestic work. 44 Most of them work in the North-East of India. 45
40
BBC Country profile: India, http://news.bbc.co.uk/2/hi/south_asia/country_profiles/1154019.stm
41
The Status of Women in India Women and Drug Abuse: The Problem in India
www.unodc.org/pdf/india/publications/women_Book-6-5-03/09_statusofwomeninindia.pdf -See also SWAYAM Ending
Violence Against Women, The Status of Women: a reality check, Facts on inequality and crimes against women
www.swayam.info/swayam_gi_leaflet_31mar.pdf
42
See National Domestic Workers Movement http://www.ndwm.org/about-dw/migrant-dw.asp
43
International Trade Union Confederation, Spotlight interview with Teresa Joseph and Anjali Shukla (DMW - India), by Samuel
Grumiau http://www.ituc-csi.org/spip.php?article987
44
Id
45
Id
17
3 CONDITIONS OF WORK AND
VULNERABILITIES OF LOCAL AND
INTERNATIONAL MIGRANT DOMESTIC
WORKERS
The socio-economic status of Indian women and children domestic workers put
them in a position of high vulnerabilities to many kinds of abuse. They are part of
the invisible workforce and have been consigned to the informal economy. They are
excluded from labour laws protecting the decent standards of work and they lack
any specific law to protect them from other types of vulnerabilities specific to the
context of domestic work. They face the risks of abuse from the moment they are
recruited up to the time they engage in domestic work.
3.1.1 Recruitment
According to NDWM, recruitment agencies often contribute to increase in trafficking

in persons, as they are usually part of the organised crime. Trafficking activities
usually involved villagers living in the cities who would go back to their village to
recruit women and young girls and sell them as domestic workers in other places.
NDWM avers that in Delhi alone, there are over a hundred recruitment agencies
‘selling’ domestic workers. Trafficked women and girls who arrived in the city would
typically go unpaid or their wages locked on the pretext of securing the payment of
the placement fee to the recruiter.46
3.1.2 Conditions of work
Domestic workers in India may be generally categorised as working on a live-in or

live-out and full-time or part-time basis. The type of work that a part-time or full-
time domestic worker renders should depend on the agreement of the domestic
worker and the employer. In practice, the real working arrangement would often
depend on the will of the employer, as there is no minimum standard in any rule or
law defining the parameters of a full-time and part-time work. As regards, live-in
46
National Domestic Workers Movement http://www.ndwm.org/about-dw/migrant-dw.asp
18
and live-out arrangement, there is an obvious distinction for live-in domestic
workers who reside in the household of their employers.
Domestic workers who are living in under the same roof as their employees usually
work on full time arrangement. However, there is also no existing minimum
standards defining the hours of work for a live-in and to live-out domestic worker.
Both women and children are engaged in live-in arrangement with their employers.
Live out domestic do not live with their employers and may render their services to
at least two or more households in one day. Both women and children have been
found to engage in domestic work on live-out arrangements. Children are usually
sent out by their families in slum areas in the cities to work as live out domestics in
richer households in the city.47
In the survey held by Self Employed Women’s Association (SEWA), out of 1000
workers there were nearly 607 women who are working in two households while
400 work in three to four houses.48 Table 3 illustrates the number of houses a live-
out domestic worker renders her services to.
Table 3: No. of houses the workers work in

Sr. No. No. of houses the workers work in a day Total no. of workers
1 At least in two houses 607
2 3 to 4 358
3 5 to 7 70
4 8 and more 10
Source: SEWA
The duty of domestic worker would typically include in most cases the all-around
household chores and concerns. Thus, ‘they sweep, they swab, they wash, they
cook, they take care of our children and our pets, they look after our elderly’.49 For
child domestic workers, SC-UK report revealed their typical working conditions as
follows: their tasks normally include cooking, washing, ironing the family clothes,
cleaning the house and looking after the employer’s children including
accompanying them to and from school while carrying their school bags. 50
Despite their essential role in running the household many Indian domestic workers
are denied their entitlements in the labour law and their labour rights are excluded
from the protection of the law. These include denial of their right to minimum
standards of decent work. Some of these are:
Decent wage: Domestic workers are among the lowest paid workers in India
amounting to even below the minimum wage of semi- skilled and unskilled
workers.51 It is a prevalent practice everywhere that domestic workers are not paid a
47
48
49
One World South Asia, 'Domestic workers in India no better than slaves', Kalpana Sharma 17 February 2009
http://southasia.oneworld.net/opinioncomment/domestic-workers-in-india-no-better-than-slaves
50
SC-UK, supra note 5
51
National Domestic Workers Movement http://www.ndwm.org/about-dw/migrant-dw.asp
19
decent amount of wage. Over the years, efforts at the national and state level to
establish a minimum wage have already been made with some success at the state
level i.e. Karnataka and Kerala adopted a minimum wage law for domestic workers.52
Domestic workers on part-time employment can earn a monthly salary of RS 300 and
for full-time Rs. 1000.53 The Stree Jagruthi Samiti (SJS) survey in Bangalore found
that an employer earning Rs 30,000 monthly could get away with paying the
domestic worker only 1% of his/her earnings. 54 Migrant domestic workers from the
tribal belt of Bihar, Cahtissgarh, Jharkhand, Assam and Mizoram are also willing to
accept RS 300 monthly working full day everyday.55 These migrant domestic workers
who come from poor families are desperate to look for work and are willing to work
for less than those in the city who earns Rs 1,500. 56
The desperate situation of these domestic workers are further worsened by the
attitudes of many employers who refuse to pay the proper wages for various reasons
such as, they claim that they cannot afford payment of minimum wage; the level of
wages apply only to the West where there are cheap labour-saving device; that the
relationship between a domestic worker and employer is private and free from
government interference; and that fixing a minimum wage will prevent many people
from employing domestic workers who will lose their opportunity to earn how little
it may be. 57
SEWA also found that live-out domestic workers have different rates of payment
depending on the areas they render their service.58 The payment can range from Rs
250 per month for sweeping in posh area while Rs 150 are paid in the less rich area
for the same service and even lower in the poorer area. 59
Child domestic workers may also go unpaid or are given less than the wage paid to
an adult domestic worker for the same amount of work done.60
Working hours: There is typically no specified working hours for many

domestic workers. They can work from 8 to 18 hours a day with live-in domestic
workers being on call 24 hours each day.61 Children domestic workers in particular
are found to have unspecified hours of work, usually an average of 15 hours each
day seven days a week and are on call day and night.62 Because they have no fixed
hours of work they sleep from as late as 2 or 3 a.m. and wake up at 5:30 a.m. Live-
52
WIEGO Law Pilot Project on the Informal Economy Domestic Workers – Background Note
www.wiego.org/informal_economy_law/india/content/dw_background_note. pdf [Hereinafter WIEGO Background Note]
53
Invisible Servitude: An in-depth study of domestic workers in the world,” Social Alert, March 2000 cited in SC-UK, supra note
5
54
The Riddle of Domestic Work in India by Sonia Faleiro, 22 September 2006 http://soniafaleiro.blogspot.com/2006/09/riddle-
of-domestic-work-in-india.html
55
Id
56
Id
57
InfoChange News & Features, The domestic workers of silicon city, by Kathyayini Chamaraj, September 2007,
http://infochangeindia.org/200709136498/Agenda/Women-At-Work/The-domestic-workers-of-silicon-city.html
58
59
Id
60
Id
61
See in general National Domestic Workers Movement http://www.ndwm.org/about-dw/migrant-dw.asp and India Together,
In the name of servitude by Kalpana Sharma September 2003 http://www.indiatogether.org/2003/sep/ksh-domestic.htm
62
SC-UK, supra note 5
20
out domestic workers also suffer long working hours in differing households each
day from early morning until the evening.63
Day offs/holidays: There is no legal recognition for the rest hours, day offs,
vacation and sick leaves for Indian domestic workers. The exercise of these rights
totally depends on the goodwill of the employer. In reality many of these domestic
workers can hardly avail of rest days. Live-in domestic workers including children
work more than 8 hours a day and are on call 24-7. Live-out domestic workers are in
a daily whirl juggling their work hours for different household each day.
Right to join unions: Indian domestic workers are often scattered, unorganised and
unaware of their rights. It has been reported that the Ministry of Labour in 2001-
2002 cited certain problems specific to unorganised workers including the domestic
workers.64 Accordingly the major impediment for a decent working conditions for
unorganised sectors including domestic workers are: the absence of ‘formal
employee-employer relationship, lack of organisation, poor bargaining power, low
legislative protection, and inadequate welfare measures’. 65
Healthcare and social security: Domestic workers lack healthcare and social
security. Their medical benefits are absent and totally depend on their employers.
For instance, SEWA survey showed that live-out domestic workers do not have social
security.
Occupational safety and health: Many domestic workers suffer from health
hazards brought by their working conditions. For instance, SEWA reported that
nearly 934 women live-out domestic workers it surveyed were suffering from back
pain but are not getting any medical help from their employer. Some of health
issues complained by the surveyed 1000 domestic workers include pain in the spinal
cord, injury and skin allergies that they tend to neglect.66 Medical insurance covering
work related sicknesses are normally absent.
Children also face many safety and health risks especially when their conditions of
work became hazardous. When a child is employed from dawn up until late in the
day, s/he cannot develop mentally, spiritually, (physically) or with civic sense.67
No existing law on occupational health and safety cover domestic workers. The
central Government had proposed a comprehensive Bill for the health and safety at
work. Nonetheless it has many shortcomings the most glaring of which is the
exclusion of domestic workers in its coverage. 68 Even at the stage of proposing the
law, women domestic workers were left out. 69
63
64
Indian Together, Rasika Dhavse April 2004, Organising inside the home, http://www.indiatogether.org/2004/apr/eco-
domestic.htm citing the Annual Report 2001-2002 of Ministry of Labour
65
Id
66
67
SC-UK, supra note 5
68
Occupational Health, Safety and Laws,  A look at the laws concerning occupational health and safety by Vijay Kanhere
Combat at law Vol 4 Issue 6 November - December 2005
http://www.combatlaw.org/information.php?article_id=659&issue_id=25
69
Id
21
3.1.3 Vulnerabilities
Physical, psychological and sexual violation: Historical records show that domestic
workers are typically subjected to inhuman conditions of work and treatment, such
as, corporal punishment for because of employer’s dissatisfaction, lack of adequate
of food or clothing, or prohibition to enter places of worship.70 Their maltreatment
and exploitation continued to the present.
Many domestic workers adults or children also face violations against their persons.
71
Reports of violation include sexual abuse, harassment, exploitation and rape often
committed by the male household members. 72 Children are often victims of
physical assault when they do not do their work properly or on the mere whim of the
employer. 73 Girl child domestic workers are mostly vulnerable to psychological and
sexual abuse and also suffer physical abuses, sometimes even beaten to the point of
death.74
Trafficking: Women and children who migrate within India are susceptible to
internal trafficking for domestic servitude and other kinds of exploitation. Demand
for domestic workers seemed a growing phenomenon, indicated by the increasing
number of recruitment agents. 75 This also indicates existence of large trafficking
network operating in the region.76 As previously stated the main source for
domestic workers in major economic cities of India usually come from states in
Northeast region.77 Recruitment agents and traffickers would bring women and girls
to Siliguri, West Bengal and transport them to different destinations elsewhere. 78
Women and children are carried in trucks from northeast through National Highway
that connects the region to the central part of the country. 79
Young girls who migrated on their own are also vulnerable to traffick by fake
‘recruiters’. NDWM reports that recruiting agents would wait at train stations in
Delhi for girls arriving from the village. The recruiters would then employ the girls
directly or hand them over to local agents for commission. These girls find
themselves locked up in dark room with no ventilation to wait until employment is
found for them. Once employed, girls often found themselves in bonded labour
situation. Some recruiters would arrange with the employer so that payment of the
girl’s salary is deposited to the recruiter or agent’s bank account and held for a year.
70
SC-UK, supra note 5
71
See Id and Issues faced by domestic worker: SEWA, supra note 7
72
See Id and Issues faced by domestic worker: SEWA, supra note 7
73
SC-UK, supra note 5 citing unpublished report of the National Commission for Women on plight of domestic workers.
74
Id
75
US Department of State – India, Country Report on Human Right Practices 2007
76
Id
77
Id. Note: according to the US Report, “States in the northeast region (Assam, Meghalaya, Nagaland, Manipur, Mizoram,
Tripura, Arunachal Pradesh, Sikkim), and Bihar served as main source areas for domestic servants in Kolkata, Delhi, Hyderabad,
Mumbai, and, to a certain extent, Bangalore.”
78
Id
79
Id
22
The girl is forced to work without payment, under the recruiting agent who usually
does not follow up on the domestic worker’s situation once she is employed.
Forced labour situation: The combination of the violation of the right to

minimum standards of both adult and domestic workers and the abuses they
experience during employment put them in a situation of forced labour. As
illustrated above many of them work in gruelling schedule with little or no
compensation. They do not have proper work hours and they face many other kinds
of abuse including physical, sexual and psychological. Under these circumstances
adult and child domestic workers are therefore being subjected to working
conditions akin to slavery and forced labour situation.
Child labour exploitation: The combination of the violation of decent conditions

of work and abuses they experience amount to the labour exploitation of child
domestic workers. They are economically exploited by reason of their minority and
are exposed to many kinds of abuses. They are doubly vulnerable because they are
not mentally and physically mature. They are forced to lead adult lives before their
time.
NDWM stated the deplorable situations of many child domestic workers. They are
often denied access to education and have very little opportunity to play and socially
interact with their peers. Live-in child domestic never enjoyed parental affection
growing up. Many of them are stunted in their physical and mental development
and often suffer psychological disorders.
SC-UK research also mentioned the main problems of child domestic workers
highlighted in the hearing conducted by the Human Rights Law Network in
collaboration with the National Commission for women regarding domestic workers’
plight.80 Among others, they have no place to sleep and are made to sleep in the
kitchen or the corner where the dustbin is kept; they are given stale or unhygienic
food to eat; they are made to pay for utensils broken at a higher price.
Isolation and alienation: NDWM described the isolation and alienation

experience by live-in domestic workers. From the villages or tribal areas they
migrate to areas of employment where they had to adapt to a different
environment, culture and language. They experience extreme loneliness and
isolation, as they are cut-off from their families, friends and social networks. They
usually have very little chance to communicate with their friends and relatives. They
are limited by their hours of work with very little time off, their illiteracy and the fact
that they are often prohibited by employers to use the telephone or to socialise with
friends or relatives living in the same area.
Discrimination and other kinds of maltreatment: The stigma attached to their

work and the fact that they are associated with low caste often lead to
80
SC-UK, supra note 5
23
discrimination. This attitude can lead to a very volatile work security and their own
safety.
They are looked down and are often suspected of crimes that take place within the
household. For instance in Karnataka, workers have been objecting the fact that
they are being asked to register with the police station instead of being listed in the
Labour Department. 81 This stems from their experience of being suspected when
crimes occur in the household. 82 NDWM also reported that when an item is missing
in the house, domestic workers are often the first to be suspected of theft, subjected
to threats and to physical violence, police conviction and even dismissal. Part-time
child domestic workers often bear the heavy brunt of this situation as they are
commonly believed to be thieves and it is also the oft-cited excuse to throw them
out of their work. 83 There are also instances when domestic workers demanding
salary for the work done are instead accused of stealing and are reported to police
station.84 This is done in an effort to confine the domestic workers at home and to
compel them to work. 85
The problems face by women domestic workers both in the county and outside have
stark similarities. The Government has exerted a considerable effort to promote the
rights and protection of international migrant domestic workers compared to that of
the local counterparts. But these international migrant domestic workers continue
to remain vulnerable to violation of their human rights and decent working
standards. The following illustrate the problems and issues face by Indian domestic
workers from the time they are recruited up to the time they are employed to work
at the country destination.
3.2.1 Recruitment and pre-departure
Indian domestic workers face various vulnerabilities to abuse starting from their
home country during recruitment and up to the moment they arrive and work in the
country of destination. The overseas recruitment practices are riddled with corrupt
and exploitative practices that victimised mostly semi-skilled and unskilled labourers
who became the bulk of migration flow especially in the 1970s and 1980s.86 This is
despite the Government’s efforts through establishment of the Passport and
Emigration laws to systematise the recruitment process. Migration later became
increasingly feminised with Indian women also migrating abroad for employment on
81
The Hindu, Domestic workers stage protest, demand rights, 10 March 2009
http://www.hindu.com/2009/03/10/stories/2009031059380400.htm
82
Id
83
SC-UK, supra note 5 citing unpublished report of the National Commission for Women on plight of domestic workers
84
Id
85
Id
86
Overseas Recruitment Practices in India by S Irudaya Rajan, VJ Varghese, MS Jayakumar, Research Unit on International
Migration Centre For Development Studies (CDS), Thiruvananthapuram International Labour Organisation (ILO), New Delhi
Ministry of Overseas Indian Affairs (MOIA), New Delhi p. 41 [Hereinafter Rajan et. al, Overseas Recruitment Practices in India]
24
semi-skilled and unskilled work including domestic service. The Indian Government
recognised the special needs of women for protection during the migration process
but women domestic workers continually face the risks of fraudulent recruitment,
trafficking and other abuses related to their departure to other countries.
In the home country fraudulent recruitment cases continue to beleaguer the

overseas recruitment practices. The demands in richer countries that do not have
the available labourers to fill the domestic work encourage migration. Fraud feeds
on the hopes of those who are seeking a better life and comes in through the
corrupt practices of recruitment agents in cahoots with some Indian officials. It has
been reported that officials, politicians and other people have established an illegal
immigration machinery with an estimated $500 million worth of business or even $7
billion as believed by International Organisation for Migration.87 An estimated 500
legal and illegal emigration agencies exist in the affluent belt of Chandigarh-
Panchkula-Mohali, in Punjab alone. 88
NDWM pointed out that the lack of regulation of the procedure for out-of-the-
country migration has adverse repercussions to migrant domestic workers. The
workers are prone to risks of corrupt recruitment practices. NDWM pointed out that
Fly-by-night recruiters can con them into paying exorbitant interests as brokers’ fees.
Practices also include false promises of placement abroad, or leading them to believe
that they have the appropriate papers to legally work as migrants.
Because of these illegal practices, they do not receive the pre-migration programmes
offered to migrant workers to educate them of their rights. Upon arriving to the host
countries, they find themselves without the necessary papers and become
undocumented thus doubly increasing their vulnerabilities. Moreover, being
undocumented they become reluctant to complain to police for any violation
committed against them.
Research shows that these illicit practices are facilitated by the scheme of both
recruitment agents and emigration authorities in various airports in India. 89 The
practice of ‘pushing’ is the most rampant of the illegal channels of migration to other
countries especially by women domestic workers.90 The agents would usually take
the domestic worker to the airport to wait for “the ‘right’ time and for the right kind
of officials to be present”. 91 These domestic workers would bribe officials in the
airport who will take a break from the seat or simply allow the domestic worker to
proceed even without proper clearance from the office of the Protector of Emigrants
(POE) and without other proper documents. 92 In return the official receives an
envelope containing the bribe money. 93 This practice is illegal in India but once
87
Asia Times online, US benefits from Indian migration, by Siddharth Srivastava, 25 August 2006
http://www.atimes.com/atimes/South_Asia/HH25Df02.html
88
Id
89
Rajan et. al, Overseas Recruitment Practices in India, supra note 86
90
Id
91
Id as cited in footnote 24
92
93
25
migrants reach the country destination they are no longer considered as illegal. 94
This type of practice proves to be more costly to the migrant than using the legal
channels. 95 But many who are desperate to get out are compelled to use the illegal
channel.
Reports on violation of the right to decent working conditions by Indian domestic

workers are similar whatever country they work. This section will not describe in
detail all the abuses but will illustrate the similarities between violation of the
minimum standards for decent work as reported by Human Rights Watch on
domestic workers in Saudi Arabia and the report of Kalayaan-Oxfam Report in United
Kingdom where a number of Indian women domestic workers are employed. Note
that these abuses happen both at the domestic and international scene.
Table 3: Common abuses on working conditions of Indian and other migrant domestic workers in Saudi
Arabia and United Kingdom
Violation of decent working conditions Saudi Arabia* United Kingdom
Low and unequal wages  
Unpaid wages and salary deductions  -o-
Excessive workload, long working hours, lack of rest  
periods
Inadequate living accommodations/conditions  
Forced confinement  
Restricted communication  -o-
Poor working conditions  
Illegal deployment  -o-
Source: *HRW
** Kalayaan Oxfam
Kalayaan-Oxfam Report described some of these abuses based on the survey they
did to 300 domestic workers in UK including Indians and Filipino:96 They have low
wages with not one of them being granted a minimum wage. Given the long hours of
work, they are not sufficiently paid with an average of only £245 per month or 50
pence for every hour. They have excessive work hours as stated by 40 percent of the
migrant domestic workers interviewed who were made to 16 to 20 hours each day.
They lack rest periods and holidays. As the migrant workers themselves stated, daily
breaks, day offs and holidays are rarely given, much more paid holidays. Moreover
70 percent of them said, they did not have any time off during the week. They
describe the working conditions as extremely poor and they also suffer inadequate
living conditions. A high number of them were made to sleep on the floor, in the
living room or even the employer’s bedroom floor. Others may have their own room
in a cupboard or utility room, or a room that they had to vacate on a regular basis.
This kind of sleeping arrangement also increase their risk of sexual harassment and
94
95
Id
96
Wittenburg, Oxfam and Kalayaan, supra note 35
26
abuse from their employers as they don’t have secured room all to themselves.
Moreover, domestic workers are not given sufficient amount of food and do not
have their own bed to sleep in.
Kalayaan-Oxfam coordinator also reported how the organisation regularly receives

workers who have literally run away or escaped from the house where they have
been locked up and suffered severe abuses and exploitation.97
Indian domestic workers employed in different countries abroad also face similar
kinds of vulnerabilities to other abuses. Note that there are similarities exist in the
abuses experience both by local and international migrant Indian women and girl
domestic workers. Table 4 illustrates the similarities of abuses in the country
destinations in Saudi Arabia and United Kingdom.
Table 4: Common abuses of Indian and other migrant domestic workers in Saudi Arabia and United
Kingdom
Common vulnerabilities Saudi Arabia* United Kingdom
Psychological and verbal abuse  
Physical abuse  
Sexual abuse and harassment  
Mistreatment, neglect, threats  
Trafficking 
Source: *HRW
** Kalayaan Oxfam
As Oxfam-Kalayaan illustrate based on survey interviews domestic workers in United

Kingdom of Indian, Filipino and other citizens experience these abuses as follows:
Some of them are psychologically abused. These acts include hurling insults words of
racist nature and threats to the worker’s family. Fear of outside world combined by
employer making threats about being sent back to her country, thrown into jail or
raped by unknown men can prevent them from leaving their abusive conditions.
Some migrant domestic workers have experienced physical abuse by being beaten
by their employers and children. This can be regularly inflicted for the simple
mistakes committed by the worker. Workers report being regularly slapped, hit, and
spat at and hit often by their female employers. Employers also tolerate physical
abuse inflicted by their children on domestic workers.
Some domestic workers were sexually harassed or raped by their male employers.
Because in some cultures sex is a taboo and being rape a stigma, employers can use
the abuse to control the domestic worker.
97
BBC News, Hidden abuse of domestic workers, by Alison Holt, 2 July 2008 http://news.bbc.co.uk/2/hi/uk_news/7484897.stm
27
The US Department State Country Report also stated that to a lesser extent, India is
a country of origin for trafficking in women to other to other countries in Asia,
Middle East, and the West for domestic servitude.98 For instance women in Kerala
are usually trafficked to abusive domestic employment in the Gulf regions.99
Indian migrant domestic workers may also suffer discrimination from their own
Indian employers within the context of the caste system. Indian families based in
other countries like for instance the USA who hire an Indian domestic worker may be
of the same ethnicity but are still separated by class.100
3.3 Migrant domestic workers going to India
Migrant domestic workers from other country who work in India possess lesser
rights than the local Indian domestic workers as Indian law prohibits non-
government organisations to act on their behalf.101 Employers also prefer to hire
them because they can pay them wages lower than what Indian domestic workers
would usually accept.102 A Bangladeshi woman would gladly accept 100 rupees a
month salary as long as she is given free food and accommodation while in such
arrangement an Indian woman would have asked for 1000 rupees every month. 103
The already dismal conditions that beset an Indian domestic worker is increased to a
higher degree when experienced by migrant workers from other countries who are
undocumented and are regularly harassed by the police officers. 104
98
US Department of State - India Country Report on Human Right Practices 2007
99
Id
100
http://www.gothamgazette.com/commentary/46.middlekauff.shtml citing Chaumtoli Huq, an attorney working with the South
Asian Workers Rights Project. Hug who stated that “When an Indian family hires an Indian domestic, …what separates them is
not ethnicity, obviously, but class.”
101
International Trade Union Confederation, Spotlight interview with Teresa Joseph and Anjali Shukla (DMW - India), by Samuel
Grumiau http://www.ituc-csi.org/spip.php?article987
102
Id
103
Id
104
Id
28
4 LEGISLATIONS ON PROTECTION OF
DOMESTIC WORKERS
4.1 The Constitution of India
The Constitution of India guarantees the fundamental rights of its workers including
equal protection of the law105 and the right against forced labour.106 The
Constitution prohibits exploitation of workers by guaranteeing the right against
“traffic in human beings and beggar and similar forms of forced labour”.107 No
minimum age is provided for child labour although children 14 years or younger are
prohibited from being engaged in hazardous employment.108 In the directive
principles of the Fundamental Law, it is the State policy to prohibit abuse of health
and strength of workers, including children and to force citizens by reason of
economic necessity to enter avocations that are not suited to their age or
strength.109 The Constitution also mandated the State of India to endeavour to
secure by legislation or economic organisation the right of all workers to a “a living
wage, conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities.”110 Nevertheless, the struggle to
enforce the constitutional guarantee of social and political equality continues within
the still prevailing practice of caste discrimination.111 Domestic workers who are still
relegated to the servile class have yet to realise these rights guaranteed under the
fundamental law.
4.2 National laws on local domestic workers
The Constitutional guarantees for workers protection are not given meaning to a
considerable degree by national legislation when applied to domestic workers.
Indian labour laws have consistently excluded them from the coverage of the
minimum decent working standards. Although there are laws that can address
certain abuses that may be applicable to domestic workers these laws still do not
squarely address the violations that occur precisely because of the context and
nature of domestic work.
105
Indian Constitution Section 14
106
107
108
109
110
111
SC-UK, supra note 5
29
4.2.1 Labour law and the minimum standards for decent work
Domestic workers are excluded from labour welfare laws. Early judgments do not
consider as ‘workmen’ under the Trade Unions Act of 1926 those engaged in
personal service.112 Most other labour laws in the country hold the same position
that they are not applicable because the household and the home are perceived as a
non ‘industry’ entity.113 As such domestic workers are currently not within the scope
of most labour laws. They cannot demand rights for their decent working conditions,
minimum wages, social security, hours of work, weekly offs, paid leaves or medical
benefits among others.
Several legislations have been enacted by the Central Government to promote the
rights of workers. These are the Workman’s Compensation Act of 1923, the
provision of Minimum Wages Act of 1948, the Weekly Holiday Act of 1942, the
Maternity Benefit Act of 1961, the Personal Injury Act of 1963 and Gratuity Act of
1978. None of these included domestic workers in its coverage.
Attempts to bring in a national legislation for domestic worker regulation have been
made over the years but have yet to meet its success.114 Several states have also
made efforts to enact their own labour legislation on domestic workers with some
success in other states. 115 Several states were able to establish the minimum wage
of domestic workers as will be discussed later.
4.2.2 National laws and protection from vulnerabilities
Anti-bonded labour law: The Bonded Labour System (Abolition) Act of 1976
(BLSA of 1976) is also significant legislation affecting bonded domestic labourers. It
is usually young girls who are more vulnerable in domestic servitude under bonded
labour. BLSA of 1976 abolishes the bonded labour system and imposes a penalty of
3-year imprisonment and fine of Rs 2000 for violation of this law. In addition, the
payment of rupees 5 for each day the bonded labourer worked and the return of the
labourer’s property are required by law. The rehabilitation scheme and
implementation mechanisms of BLSA of 1976 have been further strengthened by
several rulings of the Supreme Court.116 Needless to say statistics on either child or
adult bonded domestic labour is yet to be available.
Anti-child labour exploitation: Indian government has been exerting significant

changes in its child labour law and specific rules. With the coming into force of the
two notifications to this law in October 2006, India’s Child Labour (Prohibition and
Regulation) Act of 1986 now prohibits children 14 years and below from
112
WIEGO Background Note, supra note 52
113
Id referring to the decision of the Supreme Court in Bangalore Water Supply &Sewerage Board v. Rajappa IR 1978 SC 548
114
Id
115
Id
116
Stafford CWA, Understanding Child Labour in Asia, supra note 24
30
employment in domestic work. 117 This has been a significant change in the
legislation. Before this amendment, the Child Labour Act of 1986 cannot be applied
to child domestic workers since the law contemplates children working in an
establishment. Private homes were excluded from the term establishment.
However, five months after it took effect children's rights advocates have claimed
that the law has had little effect. According to children’s rights advocates, despite
existence of the law young children continued to be in great demand as domestic
workers and nannies because they provide cheaper labour.118 International Labour
Organisation (ILO) attributes this on the fast growing economy in the country. ILO
states that "the booming economy and the spread of the nuclear family, we've seen
a rise in demand for domestic help, at a time when it's becoming more expensive to
employ people," and as a result families look for the cheaper option.119
Supreme Court ruling on minimum wage of domestic workers: In the landmark

case of PUDR vs. Union of India 120 the Supreme Court has made meaningful for the
domestic workers the constitutional guarantee of socio-economic development. The
Court ruled that it is considered forced labour if a person is made to work or render
service for less than the amount s/he is rightfully entitled to receive under the
law.121 Thus, despite absence of national minimum wage for domestic workers, the
ruling in no uncertain terms required the payment of just wages for domestic
services rendered. This labour-friendly ruling has a big impact on efforts to make
positive changes for domestic workers in Indian society.
4.2.3 Regional laws
Minimum wage for domestic workers: The states of Kerala and Karnataka have
adopted minimum wage laws for domestic workers in their respective regions.122
The states followed suit and passed the notification for the Minimum Wage Act for
Domestic Workers: Rajasthan (4th July 2007), Tamil Nadu (August 2007) and the final
notification for Andhra Pradesh (10th December 2007).123
The state of Karnataka introduced the law in June 2005 by a notification including
domestic work into the schedule of the Minimum Wage Act.124 For an 8-hour work
in the household, the law entitles the domestic worker 1,600 to 1,800 per month. 125
If the household consisted of more than 4 members, the monthly rate goes up to Rs.
117
See Government of India Ban on Domestic Child Labour and Child Labour in the Hospitality Sector: One Year On
http://www.unicef.org/india/child_protection_3407.htm
118
International Herald Tribune, NY, Children's domestic labour resists India's legal efforts, by Amelia Gentleman 18th February
2007, ttp://www.iht.com/articles/2007/02/18/news/india.php?page=1
119
Id
120
National Domestic Workers Movement http://www.ndwm.org/about-dw/migrant-dw.asp citing Public Interest Litigation,
National Domestic Workers’ Welfare Trust and Others (Petitioners) versus Union of India (Respondent)
121
Id
122
Id
123
Id
124
WIEGO Background Note, supra note 52
125
Id
31
2,200. 126 The domestic worker is also entitled double the rate if she works more
than 8 hours. 127
4.3 National laws on international migrant domestic workers
The Emigration Act of 1983 regulates the migration of overseas workers in the
country. It was enacted to protect unskilled migrant workers, and to a certain extent
skilled workers, within the context of the problems of exploitation, cheating and
fraud associated with migration.
The old emigration law of 1922 did not have any policy framework nor rules for the
labour migration of highly skilled and professional or semi or unskilled workers. 128
As a result there was an absence migration towards the West during the 1950s
onwards lack the strict government monitoring. 129 By early 1970s and 1980s the
number of semi and unskilled workers to Gulf countries have increased substantially.
Widespread corruption and exploitation in the overseas recruitment was rampant
and it is particularly the unskilled and semi-skilled labourers constituting the majority
of labour migration from the country who are unwittingly placed on the receiving
end. 130
Within context of the emergence of a large number of recruitment agents who

exploit, extort and betray especially the semi and unskilled migrant workers, the
Emigration Act of 1983 was established. 131 The purpose of the Act is to streamline
the increasing volume of migration from the country and the growing amount of
remittances being received.132
Some of the major features of the Emigration Act of 1983 include the establishment
of the office of the Protector General of Emigrants (PGE) attached with the Ministry
of Labour (now Ministry of Overseas Indian Affairs) with the duty is to protect and
safeguard the welfare of the emigrants and the systemisations of the recruitment
practices in the country.133 Under the Act the Government must authorise and
require the registration of recruitment agents before they can conduct the business
of recruitment. 134 RAs are given the maximum limit on the number of migrants they
can recruit depending on their categories and also allowed only to impose a
maximum service charge on the different categories of workers e.g. unskilled, semi-
skilled and skilled workers.135 Violation of the terms and conditions of their
registration certificate can cause the RAs cancellation of its license. 136 Protective
126
Id
127
Id
128
129
Id
130
Id
131
Id
132
Id
133
Id
134
Id
135
Id
136
Id
32
measures imposed by this Act on migrant workers especially women domestic
workers will be discussed in section 5.2.1 on efforts of the Government.
33
5 EFFORTS TOWARDS DOMESTIC
WORKERS’ PROTECTION
Various groups in India have taken efforts to promote the rights of domestic workers
at the local level. Domestic workers unions, NGOs and other groups including
religious organisations at the national and state levels have played significant role in
advocating for the rights of domestic workers. The Government at the National and
Regional level have also made efforts to institutionalise laws and/or mechanism for
the protection of domestic workers in India.
5.1.1 National level
5.1.1a Federal Government

The National Commission for Women (NCW) is a national level organisation
mandated by law to protect and promote women’s rights and interests.137 NCW has
played an important role in the lobby of various groups for the drafting of a national
domestic workers legislation.
It has proposed the Domestic Workers (Registration Social Security and Welfare) Act,
2008 that will establish the Comprehensive Central Legislation for the purpose of
registering and meeting the working conditions of domestic workers. 138 The draft
law envisaged among others the mandatory registration of domestic workers, and
the setting of welfare fund to provide for the social security of workers. 139 The draft
law also recommended the non-employment of children below 18 years old. 140
It held a national level consultation in March 2008 to discuss the provisions of the
draft.141 Activists, including child rights advocates and lawyers, NGOs, small trades
unions trying to organise domestic workers, administrators, labour officials and
police officials working against trafficking seriously debated on the draft law. 142NCW
will submit as recommendations the final domestic workers’ bill to the Central
Government.
NCW also supports the NGO Nirmala Niketan and the workers’ association National
137
NCW was set up under the laws of India in January 1992 under the National Commission for Women Act, 1990 ( Act No. 20
of 1990 of Govt. of India ). See also National Commission for Women available at http://ncw.nic.in/
138
WIEGO Background Note, supra note 52.
139
Infochange women, Trafficking women for domestic work by Sujata Madhok April 2008
http://infochangeindia.org/200803277013/Women/Features/Trafficking-women-for-domestic-work.html
140
Id
141
Id
142
Id
34
Campaign Committee for the Unorganised Sector Workers (NCCUSW) in their
drafting of the Domestic Workers (Regulation of Employment, Conditions of Work,
Social Security and Welfare) Bill 2008. 143 The alternative bill proposes the setting up
of tripartite boards that involve representatives of domestic workers, their
employers and the government.144 Moreover “all domestic workers, their employers
and placement agencies will have to register with the board and contribute a
designated amount, annually, which will be used as a corpus fund to take care of the
many social security needs of workers.” 145
5.1.1b Domestic workers association, NGOs, other groups

The Self-Employed Women’s Association (SEWA) 146 is a trade union organisation of
“poor, self-employed women workers.” SEWA seeks to organise women workers in
India for full employment where they can attain security on their work, income, food
as well as social security, which at the minimum would include health care, childcare
and shelter.
SEWA has actively campaigned to organise domestic workers to give them voice,
visibility and representation. Since domestic workers are scattered, unorganised and
cannot all be readily found in one employment area, SEWA would do door to door
campaign and personally talk to domestic workers. These workers are then
encouraged to become members of the organisation and become involved in its
activities. SEWA’s programmes and activities related to domestic workers include
providing workers’ education for domestic workers, forming a trade committee of
domestic workers, undertake collective bargaining as representative of domestic
workers when negotiating with their employers, conducting database study involving
domestic workers, lobbying to the legislators for the enactment of minimum wage
and lobbying to the Labour and Employment Department for the inclusion of
domestic workers in the government agency’s welfare board.
The National Domestic Workers’ Movement (NDWM)147 is a nongovernment

organisation geared towards achieving the dignity for domestic work at both a
national and international level. Its programmes include organising and empowering
and informing domestic workers of their rights. It also engages the public, governing
bodies and policy makers and constantly work to provide justice for the workers. It
has crisis interventions and help trafficked women and children domestic workers to
be reunited with their families. It advocates, campaigns and lobbies to key
government agencies and society to help liberate the workers from their highly
disadvantaged condition.
NDWM has reached out to over 2 million domestic workers in 23 states of India. It
has 30 offices across the different states of the country. All offices work in
143
India Together, Regulating domestic work by Anuja Agrawal 8 May 2008 http://www.indiatogether.org/2008/may/law-
domestic.htm
144
Id
145
Id
146
147
National Domestic Workers’ Movement http://www.ndwm.org/
35
partnership with domestic workers whether live-in, part-time/live-out, migrants and
child domestic workers.
5.1.2 Regional level
5.1.2a State Governments

The Tamil Nadu Government has included Employment in Domestic Work in the
schedule of the Tamil Nadu Manual Labour Act 1982 on the 1st June 1999. The
Government also constituted the Tamil Nadu Domestic Workers Welfare Board on
22nd January 2007.148
5.1.2b Domestic workers association, NGOs, other groups

The Pune Shahar Molkarin Sanghatana is a registered domestic worker’s
organisation based in Pune City. This organisation ensures the decent service
conditions, pay packets, and takes care of even the post-employment status of
domestic workers. Efforts of this group dated as far back as 1980 when one long
time domestic worker was unjustly dismissed by her employer because she has been
sick and absent from work. This led other domestic workers to go on strike on behalf
of the domestic workers against the employer. This is because the dismissed
domestic worker’s situation is a representation of the dismal working conditions
suffered by many of them. The incident became an occasion for the domestic
workers to form themselves into an association with the help of an activist group
from a trade union.
Sanghatana is an organisation that advocates for the rights of domestic workers. Its
activities include educating women in the complex issues and problems of domestic
labour and finding solutions for the problem. They have produced their own charter
of rights, managed to train a group of women to speak for the rights of the workers
and have managed to take action. One important principle they uphold is to regard
domestic services as work and for the workers to enjoy the same rights and
privileges as those in the industrial, construction and agricultural sector.
The issuance of Marahastra Government Resolution on 10 August 2000 is considered

one of the significant achievements of Sanghatana. The resolution recognised the
legitimate demands of the workers on issues related to decent working standards.
These are:
“ a. One month's salary as Diwali bonus for workers who have been employed for a
minimum of one year.
b. Medical expenses of the workers to be shared by the employers.
c. Annual increment in salary to be made mandatory.
d. A fortnight's paid leave for those women employed full-time so that they can visit
their home towns, and travel expenses to be shared by employers.”149
148
See Order of the Governor http://www.tn.gov.in/gorders/labour/labemp_e_169_2007.htm
149
India Together, Organising inside the home, by
Rasika Dhavse, April 2004 http://www.indiatogether.org/2004/apr/eco-domestic.htm
36
Although nothing concrete happened after the issuance of the resolution, the
government announcement created ‘ripples’ to the media and drew their attention
even for the moment to the plight of this disadvantaged group. 150
Sanghatana continued to push for the rights of domestic workers. In 2008 the State
Government of Maharashtra made plans to introduce a domestic welfare bill in the
state assembly for the benefit of domestic workers in Pune, Mumbai, Thane, Nashik,
Nagpur and Aurangabad among other selected cities.151 The bill will look into decent
working standards, which include payment, bonus, weekly offs and paid leaves. 152
Nevertheless, the most defining achievement of Sanghatana lies in its legacy of
being an ideal example of a united, organised and empowered domestic workers.
Other domestic workers associations in India include:
i. Domestic Workers Association: established by Udhayam in Tamil Nadu

ii. All India Domestic Workers Association
iii. Delhi Domestic Workers Union: a constituent organisation of the federation
of Construction Workers Union & Car Cleaners Union
iv. Kolhapur City Domestic Workers Union
v. Tamil Nadu Domestic Workers' Union
vi. Karnataka Domestic Workers Union
vii. Mumbai Domestic Workers Welfare Association (MDWWA)
Udhayam is a registered religious organisation based in Tamil Nadu.153 Udhayam

aims to empower the underprivileged including women and children. It undertakes
service project for the Domestic Workers Association (DWA) that it inaugurated in
2004. Udhayam mediates between the Government and the domestic workers.
Domestic workers receive subsidy and financial support from the Government.
These include education or marriage of the domestic worker, pension scheme and
death benefits. The organisation assists domestic workers in application, claiming of
benefits and in securing job placements for the domestic workers.
The Center for Child and Women Development (CCWD) is non-government

organisation based in Bhubhaneshwar. CCWD is instrumental in setting up 10 child
domestic workers clubs consisting 413 child members at 10 of the many slums
spread over the city.154 These clubs were set up to give support for children
domestic workers who are usually in impoverished situation, deprived of their basic
needs of food, shelter and education.
150
See India Together, In the name of servitude by Kalpana Sharma 2003 http://www.indiatogether.org/2003/sep/ksh-
domestic.htm
151
The Times of India, Say bye bye to cheap maids by Radheshyam Jadhav, 14 March 2008
http://www1.timesofindia.indiatimes.com/articleshow/2863766.cms
152
Id
153
Udhayam http://www.udhayamcaps.org/domestic_workers_association.htm
154
37
Children themselves manage the clubs while volunteer NGOs provide them guidance
when necessary. 155 Members of the club held regular meetings once in two weeks
to discuss matters relating to child labour and violations of their rights committed by
their employers or the authorities. 156 They attend school every day and engage
themselves in activities entrusted to them in the club such as creating awareness for
other children on issues of child labour. 157 They also rescue their friends in distress.
158
Eighty-three of the members of the child domestic workers have been given
vocational training to become self-reliant. 159
5.2 International domestic workers and Federal Government restrictions
With the increase migration of women for work the Federal Government has actively
involved itself especially in the issues of women migrant domestic workers. Among
migrant workers, women were the most vulnerable. As a result the Government at
times had imposed a kind of protectionist intervention that is actually restrictive in
nature and inhibits women domestic workers from accessing to employment
opportunities in the semblance of protecting them from harm.
The Emigration Act of 1983 is one law that has a restrictive more than a protective
effect on women migrant domestic workers. This law imposes strict regulatory
measures for clearance of migrant belonging to certain categories established by the
law. 160 Through the system of ECR (Emigration Check Required) and ECNR
(Emigration Check Not Required) those in the category below a certain educational
status are required to undergo migration clearance e.g. ECR, while the Graduates
category are exempted e.g. ECNR. 161 This measure was adopted to protect semi and
unskilled migrant workers such as women domestic workers who usually fall under
the ECR and are not exempted for clearance. This protectionist stance merely
restricts the issuance of migration clearance to a certain category of citizens.162
Women domestic workers falling under this category now have a harder time
migrating for work.
Another restrictive Government intervention was the ban it imposed on women and
men domestic workers from being deployed in Kuwait sometime in 2000. 163 The
Government justified the ban on the past-war turmoil in Kuwait and the reports on
abuses committed by employers against domestic workers and unscrupulous
recruitment agents who cheated them.164 The ban against male domestic workers to
155
Id
156
Id
157
Id
158
Id
159
Id
160
161
Id
162
Id
163
Id. Note the article says the ban was issues in 1999); See also Migration news reported it was in January 2000, August 2000
Volume 6 Number 4, Gulf States http://migration.ucdavis.edu/mn/more.php?id=2179_0_5_0
164
BBC News, India may lift Kuwait workers ban 10 July, 2000 http://news.bbc.co.uk/2/hi/south_asia/827685.stm; Supra note
86 Overseas Recruitment Practices in India
38
Kuwait was later on lifted in year 2000 but the ban against women domestic workers
has remained.165
Another restriction was the imposition of a higher minimum age for women
domestic workers to be qualified for migration to work abroad. Thus, in 2003 the
Ministry of Labour issued an order imposing the minimum age of 30 years old for
women domestic workers to be qualified for an emigration clearance to work in
other countries. This order was made upon the recommendation of the National
Commission for Women.166 In 2007 the minimum age requirement was lifted, only
to be revived by the Ministry of Overseas Indian Affairs (MOIA) 17 days later. 167
Rather than protecting them, these measures have been more restrictive and
discriminatory to women. Thus, one is under the impression that the measures are
not aimed to send women workers overseas but instead to prohibit them and
compel them to resort to migration using irregular and illegal channels.168
Other Government efforts to protect the domestic workers abroad is the its setting
of the minimum wage in the employment of Indian domestic workers. This is
enforced in 18 countries including Saudi Arabia, the United Arab Emirates, Bahrain,
Qatar, Oman, Kuwait, Libya, Jordan, Sudan, Yemen, Syria, Lebanon, Brunei,
Afghanistan, Indonesia, Malaysia Thailand and Iraq. 169 For instance in 2008 the
Government imposed the minimum wage of 1100 dirhams every month (USD 299.5)
for Indian domestic workers in the UAE.170 In 2007 the Government imposed a
minimum wage of KD 75 for its domestic workers, slightly lower than the KD 120
required by the Philippine Government in Kuwait.171 Many recruitment agents in
Kuwait express their severe disapproval to this move claiming the demand for Indian
domestic workers would fall as in the case of the number Filipino domestic workers
going to Kuwait that have fallen dramatically after the minimum wage imposition by
the Philippine Government.172 While the imposition aims for fair remuneration for
migrant domestic workers from India, implementation remains vague and
unmonitored. The expected drop in the demand for Indian domestic workers is still
to be proven.
The Government is also currently coordinating with groups in Nepal and Bangladesh
to address the problem of trafficking in women173 for domestic work. The
165
166
Id
167
Id
168
Id
169
Kuwait Manpower agencies censured domestic workers from 18 countries 6 August 2007,
http://www.unnindia.com/english/story.php?catID=1&Id=289. The article noted that Indian citizens are not yet permitted to
travel to Iraq
170
Arabian Business.Com, India sets minimum wage for UAE domestic workers, by Amy Glass 21 February 2008
http://www.arabianbusiness.com/511923-indian-govt-sets-minimum-wage-for-uae-domestic-workers
171
Kuwait Manpower agencies censured domestic workers from 18 countries, 6 Aug. 2007
172
Id
173
US Department of State India - Country Reports on Human Rights Practices 2007
39
Government has begun the negotiation of bilateral agreements on anti-trafficking
through the South Asian Association for Regional Cooperation (SAARC). 174
174
Id
40
6 CONCLUSION
Domestic workers in India belong to a greatly disadvantaged working sector in the
country. They are part of the informal economy with very minimal if not absent
regulation by the government and have in most cases no protection in law. Mostly
composed of women and children, they hardly figure in the statistical records and
the laws of the country and remained invisible workers. They usually come from
lower caste, with very little education and are often unaware of their rights. They
face a host of violation of their decent working standards in their work including no
security of tenure, little or no bargaining power over their wages, no social security,
non-regulation of working hours or entitlement to paid leave, rest or vacation. The
nature of their work also does not provide any room for career advancement.
Within India, many women and children domestic workers are vulnerable or
continue to suffer other kinds of abuses in violation of their human rights. Inside the
home of their employers, where there are no checks and controls in place they do
not have protection against employers or other members of the family who exploit
and sexually, physically and psychologically abuse them.
At the international level, the country is a major player in the labour market being
one of the biggest recipients of remittances in the world but the recruitment and
regulation of migrant domestic workers remained inefficient and inadequate.
Efforts are made both by the national and state Government, NGOs and the civil
society to improve their plight but they are still far from enjoying their entitlements
and respect for their rights.
India has one of the most vibrant experiences in terms of organising and advocacy
for domestic workers. This is evident in the numerous domestic workers
organisations and support groups in the country. Advocacies for domestic worker
legislation and policy reform towards domestic worker protection exceeds many
countries in the region in their accomplishments, however there are hundreds of
thousands of domestic workers to reach and many other laws to enact to ensure
their safety, decent work and security.
41
INDONESIA
42
ACRONYMS
AI Amnesty International
HRW Human Rights Watch
ILO International Labour Organisation
IOM International Organisation for Migration
JALA PRT National Network for Domestic Workers Advocacy
PRT ‘Pekerja rumah tangga’
43
1 INTRODUCTION
The history of domestic workers in Indonesia has its parallelisms with the history of
domestic workers around the world. Domestic work is seen, as traditionally done by
women and young girls in the family within the private household and is generally
regarded as economically not productive. Economic compensation in exchange for
work should not be an expectation. Indonesian society places little value on
domestic work.
Domestic work within the country is not seen as a real profession done by ‘pekerja
rumah tangga’ (PRT or domestic worker). Rather they are housework done by those
referred to as ‘pembantu’ (helper), whom the paternal employers must feed, house,
educate and provide for some money.175 Society sees the work as a private
relationship between the paternal employer and its beneficiary the domestic worker
and is therefore not inclined to formalise it.176 Thus, although Indonesian society
allows for the government involvement to a significant degree in different aspects of
economy and public life, it does not allow state intervention and oversight to be
extended to the household – the domestic workers place.177 The domestic worker’s
relationship with the employer’s and the household are within the private sphere
and are therefore off-limits. 178
The socio-economic status of domestic workers – that is they are women or children,
with little education and coming from poor families, reinforce the way they are
regarded in the society. They are considered as second-class citizens. 179 The value
attached to their work also extends to the persons who do it. The combination of
patriarchy, class marginalisation and overall cultural attitudes towards domestic
workers significantly contribute to their discrimination both in law and in their place
in the society.
At the international scene, Indonesian migrant women domestic workers constitute

a significant portion of worker population that provide the valuable remittances to
the country. Government intervention is much more pronounced for these migrant
workers than their local counterparts. Yet within the country and outside, these
domestic workers face similar risks of abuse and exploitation.
175
International Labour Organisation, The Regulation of Domestic Workers in Indonesia, Current Laws, International Standards
and Best Practice, Jakarta June 2006 available at
http://www.ilo.org/public/english/region/asro/jakarta/download/dwregulation.pdf, June 2006 [Hereinafter ILO, The regulation
of domestic workers in Indonesia]
176
Id
177
Id
178
Id
179
Amnesty International, Indonesia Exploitation and abuse: the plight of women domestic workers, February 2007, available
at http://web.amnesty.org/library/Index/ENGASA210012007?open&of=ENG-IDN. [Hereinafter Amnesty International]
44
Available statistics on domestic workers in Indonesia provide incomprehensive data.

The hidden nature of the work makes it difficult to account for them. The latest
government statistics involving domestic workers is the 2001 census by Indonesian
Institute of Statistics (Badan Pusat Statistik, BPS) estimating 570,000 domestic
workers in the country.180 On the other hand, the 2002 study by International
Labour Organisation (ILO) estimated around 2.6 million domestic workers in
Indonesia with the overwhelming majority consisting of women and young girls.181
At least 688,000 of the estimated ILO number are children below 18 years of age
including many underage girls who started working at twelve or thirteen years old.182
In 2008 the National Network for Domestic Workers Advocacy (JALA PRT) places the
number of domestic workers to four million people already including 1 million child
domestic workers.183
Table 1: Different statistics/estimates on the number Indonesian domestic workers

Date Organisation Women DW* Child DW Total
2001 Indonesian Institute of Statistics census -o- -o- 570,000
2004 ILO-IPEC survey 1,912,000 688,000 2.6 M
2008 JALA (PRT) 3M 1M 4M
*DW (domestic workers)
Indonesians workers have been increasingly migrating to work over wider areas both
within the country and to other countries.184 Domestic work migration is a feature
found not only at the international level but also at the local level where women
would internally migrate from rural or poor urban areas to other richer urban areas.
For local domestic workers, disaggregated data on rural to urban and urban to urban
migration are still scarce. No sufficient information is available differentiating local
migrant domestics and those working in the same urban or rural place where they
are from.
180
Amnesty International, supra note 5
181
182
Amnesty International, supra note 5; See also US Department of State - Indonesia Country Report on Human Right Practices
2006 http://www.state.gov/g/drl/rls/hrrpt/2006/78774.htm.
183
The Jakarta Post Domestic workers ask for national day, more days off, by Prodita Sabarini Feb.16, 2009
http://www.thejakartapost.com/news/2009/02/16/domestic-workers-ask-national-day-more-days.html [Hereinafter The
Jakarta Post]
184
United Nations Common Country Assessment Indonesia 2004 [Hereinafter UN CCA Indonesia 2004]
45
Recruitment has greatly facilitated the process of local migration of domestic
workers. Recruitment is done through formal or informal channels (See discussion in
3.1.1.). Informal recruitments are usually difficult to regulate but they account for a
substantial number of undocumented migrant domestic workers within and outside
the country.
Women domestic workers are usually from rural and poor urban areas in east,
central and west Java, Lampung, west Kalimantan and Nusa Tanggara who migrate
to work in populated cities like Jakarta, Surabaya, Medan, Batam, Balikpapan, and
Pontaniak.185 Recruitment agencies play an important role in encouraging and
facilitating migration especially of young girls. Recruitment is usually done informally
through family, friends or neighbours and facilitates to a large degree a big number
of domestic workers hired within the country. Local domestic workers organisations
estimate that an average of only 10 percent are recruited through employment
agencies. 186
Poverty is the main factor that pushed many Indonesian women and girls to engage
in domestic work. Domestic work is seen as a route out of that poverty.
“Recruitment agents” would travel to villages to convince young girls and their
parents with false promises of good working conditions in the cities and that the
salaries paid will help them out of their poverty. 187
Poverty affects women and girls disproportionately in terms of education priorities

and employment options within their families. Culture and gender distinctions
combine towards levelling long-term disadvantages on women and girls that dictate
their immediate choice of profession. Most women and girls are readily willing to go
into domestic work as a profession because it does not require a degree or higher
set of skills to be employed
In its 2007 report all the domestic workers Amnesty International interviewed
claimed they voluntarily chose their current profession.188 These domestic workers
see the job as an opportunity to earn money and gain experience outside of their
local neighbourhood or region. Even so, cultural, economic and social factors may
have played an extensive role in influencing their choices. 189 These women and
girls are poor and unskilled, with limited education and with very limited choices due
to their socio-economic and educational status.190 For instance, in poor families girls
experience more gender discrimination in accessing education than boys, as their
185
186
187
188
Amnesty International, supra note 5. According to AI, “Delegates travelled to central and eastern Java where they met 40
women domestic workers, community representatives, medical and legal practitioners, civil society organisations, local and
international NGOs, UN agencies, and representatives of the police and local government. During their visit to Indonesia
Amnesty International delegates also met government representatives in Jakarta.”
189
190
46
families prefer to educate their sons to their daughters. National data has clearly
indicated that at higher levels of education the participation of girls fall compared to
boys.191 One of the reasons attributed to this is the persistent cultural and religious
attitude that regards males as the family provider and limits female to domestic and
care-giving roles.192
Children of poor families, especially girls who have stopped schooling, are also more
prone to be engaged in domestic work, as employers typically prefer children to
adults. Children can be paid cheaper salaries and are less likely to make trouble in
demanding their rights.193 Hiring a child domestic worker is also perceived as normal
by Indonesian society because it is considered a way of helping poor families. 194 For
instance they are taken in as ‘foster children’ who are then expected to perform
domestic work while living in their ‘foster parents’/employer’s home.
Thus, for many poor women and children in Indonesia domestic work would be the
most obvious option for employment.195
International migrant domestic workers possess similar features with their

counterparts working in Indonesia. They also comprised significant number of the
international migrant workforce of Indonesia. They are mostly women and even at
times minor children whose ages have been altered and increased. Compared to
their local counterparts, the Government recognised their valuable economic
contribution to the country because of the remittances they sent home. The degree
of attention given by Government in its effort to protect and promote their rights are
greater compared to local domestic workers. However, most of the policy and
reforms to promote their rights still lack comprehensive and coherent strategy. 196
Over the years, the number of Indonesian migrant workers abroad has greatly
expanded. Likewise, migration has also increasingly become feminised and
undocumented.197 Indonesia is one of the three countries in Asia, together with
Philippines and Sri Lanka, who deploy more women than men abroad.198 A great
majority of these Indonesian women deployed are engaged as domestic workers and
caregivers. 199
From 1990 to 2006 there have been 712, 216 workers formally deployed, with
191
UN Country Assessment Indonesia 2004, supra note 10
192
Id
193
US Department of State - Indonesia Country Report on Human Right Practices 2006
http://www.state.gov/g/drl/rls/hrrpt/2006/78774.htm [Hereinafter US Dept. of State –Indonesia Country Report 2006]
194
See Child workers in Asia CWA Newsletter Volume 20, No. 1/2 January-April 2004
195
196
Report of the Special Rapporteur on the human rights of migrants, Jorge Bustamante Addendum Mission to Indonesia
A/HRC/4/24/Add.3 2 March 2007 [Hereinafter Special Rapporteur Mission to Indonesia 2007]
197
International Organisation for Migration (IOM), Migration in Indonesia – Facts and Figure/April 2008 [Hereinafter IOM
Indonesia 2008]
198
Id
199
Id; See also UN Country Assessment Indonesia 2004 supra note 10
47
women consisting 73.5 percent and many of them going into domestic work. 200 This
figure does not take into account a substantial number of those who are not
registered and have not gone into the formal channels of deployment. Estimates
including the undocumented migrants would put the total figure at 4.5 million in
2007.201
The top countries of destination for domestic workers are usually in the Middle East,
especially in Saudi Arabia and in richer countries in Asia particularly Malaysia,
Singapore and Hong Kong.
Saudi Arabia: According to International Organisation for Migration (IOM), 90

percent of Indonesian workers deployed to Saudi Arabia are women.202 As of 2007,
Indonesia estimates around 626,895 workers in Saudi Arabia of whom 96 percent
are domestic workers and drivers.203 On the other hand the Saudi Labour
Department recorded a total of more than 980,000 Indonesian workers in the
country.204 Indonesia and Philippines, along with Sri Lanka, comprised 50-80 percent
of documented migrant women workers in Saudi Arabia with majority of them
working as domestics.205 Saudi Arabia also hosts a smaller number of domestic
workers coming from India and other countries.206
Malaysia: Because of its proximity to Indonesia, Malaysia is also a popular

country destination for domestic workers. Indonesians are the largest group of
foreign workers (83 percent) in Malaysia where they have a long history of working
in this country.207 Indonesians in Malaysia make up the largest irregular migration
flow in Asia and globally are second only to Mexicans entering the United States.208
Malaysian officials estimate that 90 percent of the currently estimated 240,000
women migrant domestic workers in Malaysia are Indonesian.209 Malaysia regularly
recruits about 60,000 Indonesian workers annually to serve as domestic workers. 210
200
IOM Indonesia 2008 supra note 23; See also UN Country Assessment Indonesia 2004 supra note 10
201
IOM Indonesia 2008, supra note 23
202
203
Interview with Sukamto Jalavadi, labour attaché, Embassy of Indonesia, Riyadh, March 2008 cited in Human Rights Watch,
“As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia, July 2008, p. 16
204
Human Rights Watch, “As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia, July 2008 as cited in footnote 14
p. 16 [Hereinafter HRW-“As if I’m not Human” 2008+
205
Id at 14
206
Id at 16. Note: The other countries mentioned in the HRW report were Bangladesh, Ethiopia and Eretria
207
Data from the government of Malaysia, in Komnas Perempuan and Solidaritas Perempuan/CARAM Indonesia, Indonesian
Migrant Domestic Workers, p. 13 Bahrin, “The Pattern of Indonesian Migration and Settlement in Malaysia,” Asian Studies, vol.
5 (1967), pp. 233-257cited in Human Rights Watch, Help Wanted, Abuses Against Female Domestic Workers in Indonesia and
Malaysia July 2004 Vol. 18 No. 9(B)
208
Prijono Tjiptoherijanto, “International Migration: Process, System and Policy Issues,” in Labour Migration in Indonesia:
Policies and Practices (Yogyakarta, Indonesia: Population Studies Center Gadjah Mada University, 1998) cited in Human Rights
Watch, Help Wanted: Abuses Against Domestic Migrant Workers in Indonesia and Malaysia July 2004 Vol. 18 No. 9(B) p. 10.
209
Human Rights Watch telephone interview with an official from the Ministry of Human Resources who wished to remain
anonymous, Kuala Lumpur, Malaysia, June 24, 2004 cited in Human Rights Watch, Help Wanted: Abuses Against Domestic
Migrant Workers in Indonesia and Malaysia, July 2004 Vol. 18 No. 9(B). See also, Ajitpal Singh, “Centres to train locals as
maids,” New Straits Times, June 19, 2004.
210
The Star, Malaysia 27 May 2007 “Maids in short supply” cited in International Labour Migration in Southeast Asia:
Governance of Migration and Women Domestic Workers by Amarjit Kaur available at:
http://intersections.anu.edu.au/issue15/kaur.htm
48
Singapore: Out of the 2.5 million strong Singapore work-force around 150,000
are women domestic workers from Indonesia, Philippines and Sri Lanka.211 A small
number of women domestic workers also migrated from India, among other
countries.212 Although the Government does not release official figures, it verified
that the bulk of domestic workers come from Indonesia and the Philippines. The
Philippine Embassy estimates around 63,000 nationals are domestic workers in
Singapore while Indonesian Embassy estimates 60,000 nationals.
Table 2: Migrant workers abroad and some top country destinations

Country Aggregate Some top country destinations**
destination countries* Saudi Arabia Malaysia Singapore
Recorded Estimates Estimates by Estimates by Estimates by
no. based including Indonesian Malaysian Indonesian
on formal informal Embassy officials Embassy
channel channels
Year 2006 2007 2007 2004 2005
No. of migrant 712,216 4.5 M 626,895 -o- -o-

workers
Women 73.5% -o- 90%* -o- 150,000

migrants (Including
Philippines &
Sri Lanka
Domestic Majority -o- 626,895 216,00 60,000
workers (Domestic (Estimate 96% (Women) (Women)
workers & domestic
carers) workers)
213 214
* Source: IOM and Human Rights Watch
Indonesian women share the same reasons for labour migration with many
countries’ working women. Indonesia’s economy like other developing countries is
highly dependent on foreign remittances. This resulted in the Government
encouraging outbound labour migration to increase and sustain the incoming
remittances.
More importantly, majority of women in Indonesia are described as working poor.

Being relentlessly confronted with financial pressures at home these women are
pressed to look for work to add to the family’s income. However, the gender
inequality that they experience in their home country in many aspects of their lives
on top of the economic challenges they encounter is far more extensive compared to
211
Human Rights Watch, Maid to Order: Ending Abuses against Migrant Domestic Workers in Singapore, December 2005,
Vol.17, No. 10 (C) p.15 [Hereinafter HRW, Maid to Order 2005]
212
Id at 15. Other countries mentioned were Burma, Bangladesh, Thailand, and Malaysia
213
IOM Indonesia 2008, Supra note 23
214
HRW “As if I’m not Human” 2008, supra note 29; HRW, Maid to Order 2005, supra note 37; HRW Help Wanted 2004, supra
note 48
49
Indonesian men and boys. This inequality greatly affects their choices. Young girls,
for instance, have limited opportunity for education, especially at secondary and
higher level because it is usually the boys in the family that are given priority in
education especially in poor families. Their socio-economic status makes them less
likely to find a job that pays well. The lack of options of women in labour market
within the country prompted them to find work overseas for a better pay and more
status in life.215
The lure to work in richer countries which rely on foreign migrants for domestic
labour with the potential of better wages greatly induce domestic worker migration.
In other countries, they generally take the only jobs available - the unskilled or semi-
skilled occupation including domestic work that locals decline to engage in. Even so,
these types of work are usually low paying and often unprotected by laws.
Unfortunately there are some cases of women and child domestic workers who did
not voluntarily migrate abroad. Instead they were deceived and trafficked for work
outside the country.
Top country destinations of Indonesian migrant domestic workers have different

attractions. These countries are Saudi Arabia, Malaysia and Singapore.
The Middle East comprises one of the highest paying employers in the region.
Nevertheless Human Rights Watch (HRW) found evidence of a number of women

and girl domestic workers who have involuntarily migrated to Saudi Arabia because
they have been deceived or coerced to travel to the country. Accurate estimates of
trafficked cases are difficult to find since these are seldom identified or reported.
Many victims would still want to return to the Middle East albeit with proper
documentation and labour regulations. HRW attributed the lack of data on these
cases to the workers’ isolation, their lack of information about their rights and the
fact that their employers can repatriate them at will.216
The influx of domestic workers into Malaysia was in part a response to a vacuum
created when Malaysian women moved into more secure, higher-paying factory
jobs.217 East Java, Lombok, and Flores are the usual places of origin of the domestic
workers who go to Malaysia. The domestic worker profile indicates that they are
generally women, between the ages of seventeen and thirty-five, and with
elementary or middle school. For them domestic work in Malaysia means no longer
having to pay any money up front for the trip to Malaysia, where they also expected
to receive free board and lodging, and save money in the process. Financial
necessity and a desire to support their parents and children were cited as the
primary reasons for the domestic workers in seeking work in Malaysia. For some,
seeing a different country and having new experiences, were also cited as reasons
for going to Malaysia, which some, furthermore, viewed as a stepping stone or a
215
UN CCA Indonesia 2004, supra note 10
216
HRW-“As if I’m not Human” 2008 pp. 20 & 34, supra note 29
217
Christine B. N. Chin, In Service and Servitude (New York: Columbia University Press, 1998), p. 14.
50
transition period where they can gain the qualifications and experience that would
lead to more lucrative jobs in the Middle East, Singapore, or Hong Kong. 218
The reason for the welcoming arms of Malaysia is because of the need to fill the
sectoral labour shortages created by Malaysia’s economic policies, which sought to
reduce the economic disparities between the Malay and ethnic Chinese populations.
Malaysia instituted its “New Economic Policy” in 1971, which undertook export-
oriented industrialisation and public sector expansion, resulting in urban job growth
and the mass migration of rural Malaysians to the cities. The Industrial growth also
resulted in an increase in demand for labour in manufacturing and construction,
which could not be met by the domestic workforce. By the early 1980s, the need for
labour in the agricultural sector and the increased appetite for domestic workers
among an expanding middle class led to demand for migrant workers. 219
Singapore is a highly industrialised country with women increasingly participating in

formal labour industries. However, its private sector has not achieved a family-
friendly working conditions and provided few child care options that resulted in
strong demand for foreign domestic work by upper and middle-class households.220
The strong demand had led to Singapore introducing the Foreign Maid Scheme in
1978 that opened the door for the expansion of domestic worker population to
150,000 in 2004. 221
2.3 Migrant workers going to Indonesia
The International Organisation for Migration (IOM) reported that there are around
20,000 foreigners every year who acquire work permits in Indonesia. 222 Foreign
workers with permits in principle are those who possess skills or abilities that are not
easily available in Indonesian Markets. 223 In 2003 for instance, 25 percent of
foreigners issued a work permit were managers while 72 percent were professionals.
224
Little is known regarding persons whose origins are from other countries and who
migrate to work as domestics in Indonesia. Nevertheless, the vast majority of
domestic workers working within the country are found to be from Indonesia
itself.225
218
Human Rights Watch, Help Wanted, Abuses Against Female Domestic Workers in Indonesia and Malaysia July 2004 Vol. 18
No. 9(B) [Hereinafter HRW, Help Wanted 2004]
219
Data from the Indonesian Ministry of Manpower and Transmigration, in Komnas Perempuan and Solidaritas
Perempuan/CARAM Indonesia, Indonesian Migrant Domestic Workers, p. 9.
220
HRW Maid to Order 2005, supra note 37
221
Id
222
223
Id
224
Id
225
Amnesty International supra note 5
51
WORKERS
The absence of regulation on the work can result in the domestic workers facing
greater risks of abuse and exploitation. These abuses can start from the moment
they are recruited for employment up to the time they work in their employers’
home.
The incidence of local migration for domestic work is common for women and
children. Because there are no sufficient laws regulating their recruitment, instances
of trafficking occur regularly. With no law to regulate their workplace that is within
the private sphere and away from public scrutiny they are highly vulnerable to
exploitation, forced labour, physical, sexual and psychological abuse and other forms
of maltreatment.
3.1.1. Recruitment
Human Rights Watch reported two methods of recruitment in the capital city of
Jakarta - the Formal and Informal recruitment.226 Formal recruitment is done by a
domestic worker supplier agency authorised under the 1993 local government
regulation of Jakarta. The agent may recruit domestic workers over 15 years old with
their parents’ permission. Informal method involves relatives, families, other
domestic workers, even vendors and meat butchers. They play a significant part in
the recruitment process, as it is usually the typical way of recruitment.
Informal recruitment is responsible for 90 percent of employment of domestic

workers.227 This type of recruitment remains largely undocumented and highly
unregulated. As a result, there are many cases of women and children who have
been subjected to many kinds of deception on their working conditions or are
trafficked to forced labour and slavery.228
226
Human Rights Watch, Always on Call, Abuse and Exploitation of Child Domestic Workers in Indonesia, June 2005 Vol. 17, No.
7(C) [Hereinafter HRW Always on Call 2005]
227
Amnesty International supra note 5
228
See HRW Always on Call 2005, supra note 57
52
Informal recruiters are found to travel to villages to engage domestic workers. To
attract interest, they would lie about the conditions of work or salaries.229 Children
for instance are usually deceived by recruiters into false promises of higher salaries
in the cities, the opportunity to attend school while working, and limited
responsibilities for their job only to find out later that it is not the case. 230
In its report on recruitment of child domestic workers, HRW found that recruitment
agents earn on commission for every child recruited.231 This is similar to the
recruitment pattern for international domestic migrant workers whose recruiters
work on commission and not on a fixed salary.
Recruiters then have significant incentive to recruit as many child domestic workers
as possible. This has significant implications on rights protection of domestic
workers, especially children.
For instance, the minimum age for employment in Indonesia is 15 years. The Jakarta
government regulation mandates children ages 15 to 18 to produce a letter of
permission to work from their parents. The government does not monitor nor verify
the birth certificates of these children and with no official documentation there is no
way to confirm the child’s age. Thus, there are actually little sanctions for labour
recruiters who may violate this law if they aggressively recruit young children.
Likewise, similar to their international domestic migrant counterparts, HRW also

observed that the domestic worker supplier agency in Jakarta where the children are
housed while awaiting placement are overcrowded. 232 The agency officials affirmed
that the agency normally houses 100 girls every day. 233
The informal process of recruitment is also responsible for trafficking in women and
children to slavery, forced labour and prostitution. 234
3.1.2. Conditions of work
The working conditions of many domestic workers in Indonesia remained below the
standards of decent work. In law and in practice, their work is not seen as a real
profession nor have they legally recognised labour rights. AI characterised many of
the working conditions of domestic workers as inadequate and abusive.
Information regarding the number of domestic workers in live-in or live out

arrangements is lacking. Hiring domestic workers on live-in arrangements seem
more common in Indonesian households. This is especially true of child domestic
workers who are more often than not taken from their families in rural or urban
229
230
See supra note 57 HRW, Always on Call 2005
231
Id
232
Id
233
Id
234
Id
53
poor areas to live in the ‘foster homes’ by more well to do households. However,
whether live in or live out arrangements domestic workers similarly experience many
of the problems they face in their work environment. These problems include but
are not limited to: not having a written contract that often leads to lies and
deception, absence of a decent living wage, long working hours without reasonable
resting time, no holidays, restrictions on joining unions, and no healthcare provided
by their employers.235
Written contract: The practice of executing a contract for domestic work is not
common in Indonesia. Most are hired on general oral agreements that do not spell
out in clear terms the types of tasks the domestics are expected to perform, their
wages, the hours of work, among others. If ever some of these are mentioned in the
agreement for instance salary, there are instances that the agreement is not
respected and they are paid less than what was agreed upon. Fixed workload rarely
comes into the agreement. In case a written contract is actually signed its execution
is usually made between the employer and recruitment agent and does not include
the domestic worker who will not have any legal entitlements to the contract. 236
Decent wage: Salaries can start from as low as 200,000 Rp every month despite
heavy workload assigned to them.237 Domestic workers are not covered by any law
on minimum wage and are traditionally paid lower than the minimum amount
required of an ordinary worker [Rp.700,000-750,000 (US$74-$80) in 2004-2005]. AI
reported some justifications that are being made for their exclusion. Domestic
workers are given accommodation (for live-in), food and other allowances, these are
expenses that are deducted from their salaries but are difficult to account. 238
Government officials also believe that requiring a minimum wage would prevent
some employers from affording to hire the service of a domestic worker who in turn
will lose the job opportunity.239 Aside from having low wages, domestic helpers also
experience delays in payment of wages, arbitrary reduction by their employers and
even denial of payment.240
Working hours: There is often no clear working hours for domestic workers. Often
they are expected to be on call depending on their employer’s or other household
members’ needs. As a result, many of them are prone to work long hours from 12 to
16 hours,241 or 20 hours242 and even 24 hours. 243 There are also no determined rest
periods. They are basically on call as domestic workers are expected to cater to the
needs of the household and are not likely to refuse because it is their rest time. For
instance, AI reported some domestic helpers are expected to sleep in the same room
as the employer’s children and to cater to the children’s needs during the night,
235
236
Id
237
The Jakarta Post, Domestic workers ask for national day, more days off by Prodita Sbara February 16, 2009 available at
http://www.thejakartapost.com/news/2009/02/16/domestic-workers-ask-national-day-more-days.html [Hereinafter The
Jakarta Post 16 February 2009]
238
239
Id
240
The Jakarta Post 16 February 2009, supra note 68; See also Amnesty International, supra note 5
241
The Jakarta Post 16 February 2009, supra note 68
242
243
54
including those times when the children became sick. Work may become a 24-hour
duty as a result. The indeterminate rest periods are also apparent for instance
where domestic workers are told they are free to rest as long as everything is already
done.244
Day offs/holidays: Few days-off and holiday vacations are not unusual for
domestic workers in Indonesia. AI for instance found that many domestic workers
they interviewed are allowed holidays on the traditional Muslim holiday of Lebaran
but not on other public official holidays - others were not even allowed holidays.245
A combined prolonged work hours with little rest and no holidays may result in
building an oppressive working condition for domestic workers. 246
Right to join unions: Many domestic workers report severe restrictions to their
freedom of movement and of association. Thus, there were cases where domestic
workers were not permitted to leave their employers’ house, with some being
prevented from joining meetings and other social events outside the home, or
simply not being allowed to have day-offs. There were even cases of domestic
workers being locked into their rooms at night by their employers. Among other
considerations, these concerns result in domestic workers being severely inhibited in
their right to join a union.247
Healthcare: Domestic workers do not come under the healthcare system of

Indonesia. No law includes them nor is it economically accessible to a large portion
of the population. How the domestic workers will be treated in terms of their health
and welfare depends solely on the employer. Employers are likely to base their acts
on goodwill because of absence of any specified rights and clear standards for their
work relationship with domestics.248 AI reported patent disparities in the way
domestic workers are treated when they are ill. Some are allowed to rest, while
others are simply obliged to continue to work despite being unwell or according to
domestic workers because they feel suspected of feigning their illness. 249 Some
employers do not even allow the domestic workers to seek medical treatment while
others are can avail but simply cannot afford it. 250
Occupational safety and health: Domestic workers are likewise excluded

under the laws defining the responsibilities of employers for the health and safety of
their employers. Despite reports of serious risk and injuries that domestic workers
may face in the household very few were trained to use potentially hazardous
materials. 251
Children are highly susceptible to these health risks being more inexperienced and
are still mentally and physically immature. In a study conducted by ILO-IPEC
244
Invisible Cinderellas, December 30, 2008 http://lisa.posterous.com/invisible-cinderellas,
245
246
Id
247
Id
248
Id
249
Id
250
Id
251
Id
55
(International Programme on the Elimination of Child Labour) on child domestic
workers252 it showed that the physical and psychological health of these children are
greatly compromised by their work. The study stated that these children ‘often
suffer from burns from hot oil, hot water, and irons; cuts from sharp objects; and
electrical shocks.’ They also ‘suffer from insomnia, loss of appetite, panic, fear, and
stress’ because of the demands of their work. 253
3.1.3. Vulnerabilities
The combined circumstances of the domestic workers’ background, their social

status and sex, the society where they live and the characteristics of their workplace
make them highly vulnerable to a range of abusive conditions. Their work is done in
isolation where they are invisible from public view and scrutiny. For most of them
the workplace is the place where they live together with their employers who owned
the place of employment. They are mostly young women or girls working alone in
the intimate spaces of the household. They lack other economic options so that they
cannot easily leave their present employment.
Within this context many of them became vulnerable to abuses including physical,
sexual and psychological. The maltreatment may vary in forms from light to severe.
Some of these violations include:
Physical and sexual violation: AI has recorded some of the extreme situations
domestic workers experience in their workplace includes physical and sexual
violation. Likewise from 2000 to 2007 JALA PRT has also recorded 412 cases of
domestic workers abuse.254
Trafficking: Reports have shown that women and children domestic

workers are highly susceptible to being trafficked into force labour. 255 A common
feature of many domestic workers in Indonesia is that they are mostly internal
migrants. Migration is linked to trafficking. The Ministry of Women Empowerment
has acknowledges that child domestic workers are subjected to a number of abuses
that includes trafficking.256
Lack of access to justice: Despite the negative things that happen to them, few
domestic workers seek redress or compensation for their experiences. Out of fear of
losing their job and their livelihood, many do not speak out against their employer.
Then there is the element of shame that the domestic worker feels, on top of the
feeling of alienation because of not having anyone to ask assistance from or redress
252
HRW Always on Call 2005, supra note 57 citing ILO-IPEC, Flowers on the Rock, pp. 109-110
253
Id
254
255
See for instance US Dept. of State –Indonesia Country Report 2006, supra note 15
256
56
of grievance. Furthermore, some fear the police and most are unaware of their
rights, and are severely restricted in their freedom of movement to seek support.257
Child labour exploitation: Like their adult counterparts, child domestic workers in
Indonesia are highly vulnerable to labour exploitation within the context of their
work.
However, the impact of the violations and vulnerabilities are also greater on children
because of their age and their physical and mental immaturity. For instance HRW
reports that there are employers that restrict the movements and family contact of
the child domestic workers.258 ILO-IPEC found that compared to adult domestic
workers, there are more child domestic workers who are unable to communicate
with their families.259 This study confirms the more inferior position of child
domestic workers have to employers in the bargaining plane.260 Besides, employers
can control these child workers in the guise of giving them protection. 261 Similarly
the children’s physical and mental immaturities are but attributes that can make
them defenceless to a greater degree compared to adults when it comes to physical,
sexual and psychological abuses.
Forced labour situation: Being subjected to hazardous, accident-prone and

heavy workload without the benefits of rest, days off, medical attention or
hospitalisation, together with being forced to work at odd hours and in various
locations outside the home-sometimes to help in the business of the employers,
constitute forced labour. These are gross violations of the right to decent work that
forces many domestic workers to run away or commit suicide.
3.2. International migrant domestic workers
As with their local counterparts in Indonesia, migrant domestic workers in other

countries face great risks of being subjected to many abuses from the moment they
are recruited and during their employment. Although the Government has paid
relative attention to regulating the process of recruitment and hiring of migrant
domestic worker as opposed to local domestic workers, these regulations have not
sufficiently responded to their needs so that many of them are still subjected to a
wide range of violations of their rights.
3.2.1. Recruitment and pre-departure
In order to qualify as labour recruiter or suppliers of domestic workers, employment

agencies only have to comply with the minimum standards of registering with the
government and proving their financial viability through a certain amount of money
257
258
HRW Always on Call 2005, supra note 57 citing ILO IPEC Flowers on the Rock
259
Id citing ILO-IPEC, Flowers on the Rock, p. 75.
260
Id
261
Id
57
deposited in the bank.262 No requirements are issued by the Government regarding
the quality of neither the agency’s service nor the background and qualification of
their staff. 263 The only basic requirement is to provide basic accommodations for
the domestic workers who stay at the centres while being trained. 264
Labour recruitment agencies operate with scarcely any regulation or oversight by

Indonesian government. 265 Most aspects of recruitment, application of foreign work
permit, training of domestic workers, their transit and placement with employers are
left to the control of the labour agencies.266 Very little sanction is imposed to these
agencies in cases of violation. The Government does not rigorously monitor them
resulting in rare cases of identification and penalisation of abusers. 267 Those who
are caught are punished through mere cancellation of licenses. However, they can
easily circumvent the penalty by putting up a new agency under different name and
partner composition. 268
An estimated four hundred or more licensed labour agencies operate in Indonesia

while countless more operate illegally. 269
The systems of recruitment and pre-departure procedures happen both at the levels
of regular and irregular migration and shows how domestic workers become
vulnerable to many kinds of abuses in the process270.
Abuses in Pre-departure and transit: During the pre-departure stage there are
reported cases of domestic workers experiencing the following violations:
Corruption, Extortion, and Other Illegal Practices: Competition and unethical

practices pervade among profit-seeking labour suppliers and recruiters.
The structure of the recruitment system creates an environment for local agents to
extort high fees from prospective migrant workers. They would inform the applicants
about the prolonged and bureaucratic procedures and deceive them to making
payments to speed up the process. Women domestic workers would usually pay
their fees through initial salary deductions when they reached Malaysia or borrow
from the agents or moneylenders with usurious rates resulting in their becoming
high indebted.
Other illegal practices include falsified documents to deceive migrating domestic

workers into thinking they are being processed officially. They are also deceived into
believing they have a working contract when in fact they only have a visitor’s visa
thus resulting in problems with Malaysian immigration.
262
Human Rights Watch: Help Wanted 2004
263
Id
264
Id
265
Id
266
Id
267
Id
268
Id
269
Id
270
HRW Help Wanted 2004, supra note 48
58
Lack of Information, Deception: Many women do not receive vital information
during their recruitment, training and placement process. They have no knowledge
about their employers’ duties under the work contract or the Malaysian immigration
and labour laws. In case of illegal recruiters, the agents simply disappear. During
trainings they are not even given information on where to seek help in case they
need it when in Malaysia. They are also not provided nor fully apprised of the
contracts that they were required to sign.
Alteration of Travel Documents: The practice of altering the passports and other
travel documents by recruitment agents are widespread. This has partly made it
difficult for the Government and NGO’s to estimate the number of domestic workers
in Malaysia. Alterations include changing the age, name and address. For women
domestic workers who are below 18 years old, their ages are increased while for
older women, their ages are lowered. There are instances when local agents would
require payment of up to one million rupiah (U.S.$125) for the alterations.
Discrimination in Hiring Practices: Labour agencies would market domestic

workers in certain ‘packages’ that mainly has nothing to do with their skills but
according to traits that are irrelevant to their work. This includes their appearance,
age, weight, complexion, height, marital status and their children. They would then
prepare ‘bio data’ of these women on which employers would choose from
according to their preferences.
Abuses in Training Centres: The Indonesian Government requires outbound

migrant workers to undergo training before they are granted permission to work
overseas. The training ranges from 1 to 6 months. Women domestic workers who
are in training would be required to wait for as long as 9 months before being
selected for employment. Even in these training facilities, they already face risks of
different kinds of abuses.
Forced Confinement: Women and girls migrant domestic workers are often
forced to confinement for the entire months of stay in the training centres. Their
freedom of movement is severely restricted in many cases. They are not allowed to
go outside whenever they want, the gates are always locked and the security guards
constantly monitor their movements. One of the reasons for this confinement is the
fear of the labour agents that other competitors will cheat them and take their
recruits to sell them to others. The other reason is profit. That is they fear the ‘loss
of investment’ in case the domestic worker ran away and have not yet paid the
expenses incurred on her.
Inadequate Living Conditions, Food, and Water: Despite the minimum standards
for space, food, and sanitation required by the Indonesian Ministry of Manpower
and Transmigration, HRW found the training centres operating below these
standards. The training centres are largely overcrowded. Women would end up
sleeping on the floor and do not have mattresses or sheets to sleep in. There are
cases when they have inadequate food and water. They are also subjected to poor
59
sanitation conditions with not enough toilets and showers for all of them. HRW
reports that the Government lacks the monitoring of these training centres.
Psychological, Physical, and Sexual Abuse: HRW found in an interview of twelve

current and former domestic workers that they experienced psychological and
physical abuse by labour agents and security personnel while they are at training
centres in Indonesia. These abuses include hurling verbal insults at them when they
make mistakes and being beaten with a stick to discipline and punish them.
There were also some of them who suffered sexual harassment by the staff. Others
exchanged sexual favours to speed up the processing and placement in Malaysia.
Exploitative Labour Practices: There are labour agencies who would send the
domestic workers to work in local households for their ‘training’ and for them to
earn money while awaiting placement in Malaysia. Some are able to keep their
salaries while others are entirely taken by their labour agents. As domestic workers
in Indonesia they become vulnerable to the same spectrum of abuses suffered by
local domestic workers in Indonesia and those in Malaysia.
Table 3 illustrates the common types of abuses in the workplace of the country
destination faced by many Indonesian domestic workers. Other migrant workers
coming from Philippines, Nepal and India likewise experience these types of abuses
for instance in Saudi Arabia and Singapore. This section will not explain in detail
each of the abuses experienced by Indonesian domestic workers in the following
countries. Rather its intention is to illustrate the commonalities of abuses they
experienced.
Moreover, in comparing these abuses in working conditions to that of Indonesian

local domestic workers, it can be seen that many of these abuses on decent
standards of work cut across boundaries and cultures. Thus as similar to local
domestic workers, Indonesian migrant workers also suffer deprivation of a proper
written contract where they are apprised of their rights and duties, absence of a
decent living wage, long working hours without reasonable resting time, no holidays,
and restrictions on joining unions among others.
60
Table 3: Common abuses in working conditions of Indonesian migrant domestic workers in some top
country destinations
Workplace abuses Saudi Arabia Malaysia Singapore
Low and Unequal Wages   
Unpaid Wages and Salary Deductions   
Excessive Workload, Long Working Hours, Lack of   
Rest Periods
Inadequate Living Accommodation/Conditions   
Forced Confinement   
Restricted Communication   
Poor Working Conditions   
Illegal Deployment   
271
Source: Human Rights Watch
Table 4 demonstrates the abuses of which many Indonesian migrant domestic

workers are commonly vulnerable. Women migrant domestic workers from other
countries working in the same country destinations also face similar vulnerabilities to
these abuses. Indonesian domestic workers either based in Indonesia or abroad
suffer similar vulnerabilities and abuses despite different country context and culture
of their workplace.
Table 4: Common vulnerabilities of Indonesian migrant domestic workers in some top country
destinations
Common vulnerabilities Saudi Malaysia Singapore
Arabia
Psychological and verbal abuse   
Physical abuse   
Food deprivation  
Mistreatment, neglect, threats   
Sexual abuse and harassment   
Trafficking   
Forced labour   
Slavery and slavery-like conditions   
Discrimination   
Restrictions on religious freedom   
Lack of access to justice in Indonesia and country of work   
destination.
272
Source: Human Rights Watch
271
HRW “As if I’m not Human” 2008, supra note 29; HRW Maid to Order 2005 Supra note 37; Help Wanted 2004, supra note 48
HRW
272
HRW “As if I’m not Human” 2008, supra note 29; HRW Maid to Order 2005 Supra note 37; Help Wanted 2004, supra note 48
HRW
61
DOMESTIC WORKERS
4.1 The Constitution of Indonesia
The Constitution of Indonesia guarantees equal status of all its citizens before the
law and the government.273 It expressed in no uncertain terms the right of every
citizen to a work and to a living be fitting for any human being.274 Domestic workers,
as Indonesian citizens are entitled to the guarantees of the Fundamental law. They
have as much claim to the decent standards of work applicable to any other
Indonesian worker and are entitled to the same protection from all abuses especially
within the context of their work as any other person in Indonesia.
An examination of its labour laws show that they are still excluded from its coverage
and protection and are therefore trumped of their rights to equal protection of the
law and government. As regards protection for other kinds of abuses that they are
at risk in their working environment, relevant applicable laws exist but may often not
fully implemented. Moreover, although they offer protection against violations,
some of these laws may not necessarily address the violations experienced by
domestic workers within the context and nature of domestic work.
4.2.1 Labour law and the minimum standards for decent work
Domestic workers in Indonesia do not come under the coverage of the labour law.
Nor are there any special laws specific to domestic workers’ protection. Its national
labour law the Act Concerning Manpower (Manpower Act, Law 13/2003) that
embodies the rights and protections of both employers and employees in Indonesia
excluded domestic workers from its scope. The Manpower Act extends “to the
employees of ‘entrepreneurs’ in ‘business’ or ‘social or other undertakings with
officials in charge’.275 The definition did not cover the private households.276 As a
result, domestic workers do not have the right to demand decent working
conditions, minimum wages, working compensation, hours and day of rest and
holiday leaves among others under the Indonesian labour law.
273
The 1945 Constitution of the Republic of Indonesia Article 27
274
275
276
Id
62
In 2006, the Ministry of Manpower in the Indonesian government produced a draft
for specific national legislation on the protection of domestic workers. 277 However
AI reports “the draft in its current form is weak and lacks several fundamental
guarantees of workers’ rights, falling far short of the rights guaranteed to all workers
under international labour standards, and the rights afforded to other workers in
Indonesia under the Manpower Act.” 278 The current draft continues to discriminate
against domestic workers. 279 It does not guarantee the core labour rights including
“right to wages which provide them with an adequate standard of living for
themselves and their families; reasonable limitation of working hours; the right to
rest and the right to holiday.” 280
Ironically, this lowly view of domestic workers appears to be sanctioned and

condoned by the government. This is seen in the way government has tolerated
the absence of labour legislation that protects the rights of domestic workers. Under
the state of the current labour laws of Indonesia, domestic workers are excluded
from the legal protection given to other workers when it comes to matters involving
fair pay and limitations on working hours. Even if the there appears to be an act on
the part of the government to remedy the situation by submitting to parliament on
June 2006 a draft law on domestic workers, it is still the view of Amnesty
International that the draft omits fundamental domestic workers’ rights, including
clearly defined daily hours of work and rest periods and a minimum wage.
Moreover, it is also the view of AI that most Indonesians are unaware that the law
on domestic violence also applies to domestic workers. ‘The government needs to
stop viewing domestic workers as inferior and give them the same legal protections
as other workers. It also needs to educate police, the courts, employers and
recruitment agencies on the fact that violence against domestic workers is a criminal
offence.281
4.2.2 National laws and protection from other abuses
Anti-violence against women: The Anti-Domestic Violence Act 2004 or Law No.
23 Regarding Elimination of Violence in the Household (Undang-undang
penghapusan Kekerasan dalam Rumah Tangga, KDRT) “prohibits violence in the
household”282 and specifically covers domestic workers referring to them as “the
individual working to assist the household and living in the household”.283
Violence in the household is defined by law as “any act against anyone, particularly
woman, bringing about physical, sexual, psychological misery or suffering, and/or
negligence of household including threat to commit act, forcing, or seizure of
freedom in a manner against the law within the scope of household”. The law defines
277
Id
278
Id
279
Id
280
Id
281
Id
282
Anti-Domestic Violence Act 2004 Article 5
283
Anti-Domestic Violence Act 2004 Article 2.1(c)
63
these types of violence as follows:
1.) Physical violence “an act bringing about pain, sickness, or serious
injury”284
2.) Psychological violence “an act bringing about fear, loss of self-confidence, loss
of capability to act, hopelessness, and/or serious psychic
suffering on someone”285
3.) Sexual violence “forcing sexual intercourse carried out against an
individual living within the scope of the household” and
“forcing sexual intercourse against one of the
individuals within the scope of the household for
commercial purpose and/or a certain purpose”286
The law also mandates that individuals within the scope of the household must not
be neglected and should be provided with “livelihood, treatment or care”.287
The law expanded its coverage to include the protection of potential victims of
violence. Sexual harassment is now a criminal act in Indonesia. The law clearly
identified the obligations of police officers, prosecutors, judges, community
members and witnesses who are required to report to the police. Penalties for the
violation of the law are tougher compared to the Criminal Code.288
Yet people are still unaware of the law and it is not fully implemented.289 Despite
Government’s effort to increase awareness there is still little report made on
violation against domestic workers.290 Domestic workers continue to be vulnerable
to many kinds of violence and abuses in their working environment in the household
in spite of the existence of this law.
Anti-trafficking: The Government issued its first anti-trafficking law in 2007 as

will be discussed further in national law on migrant domestic workers. The
Government has shown its commitment to prevent and suppress internal and
international trafficking of its citizens. But the scale of the problem within the
country and the region has stymied any progress to these efforts.291
Anti-child labour exploitation: For child domestic workers, the Government has
undertaken relevant steps for the protection of children engaged in child labour.
Through ratification of ILO Convention 138 concerning the Minimum Age for
Admission to Employment, Indonesia declared 15 years as the legal minimum age for
employment in the country.292
284
285
286
287
288
See Amnesty International, supra note 5
289
Id
290
Id
291
292
See also HRW Always on Call 2005, supra note 57, stating ‘The legal minimum working age in Indonesia is fifteen’ basing this
statement on the interview with Tarsiyah, labour agent, Jakarta, November 30, 2004 declaring the minimum age for Indonesian
child workers
64
The country also ratified ILO Convention 182 on the Prohibition and Immediate
Action for the Elimination of Child Labour. Consistent with the ratification, the
Government issued Presidential Decree No.59 of 2002 on National Action Plan on
the Elimination of Worst form of Child Labour to concretely implement its
commitment. The Decree classified domestic work as a worst form of child labour.
The Manpower Act of 2003 prohibits employment of children below 18 in ‘worst

forms of work’ that would include ‘slavery in its various forms’ and ‘all work which
may endanger the health, safety, and/or morals’ of the child.293 Although not
specific to domestic workers this law may apply in case where the conditions of work
of the child domestic falls under the prohibition, for instance, children in bonded
domestic labour.
4.2.3 Regional laws
Two ordinances regulating domestic work are in effect in Jakarta.294 The Local
Ordinance No 6/1993 is the more comprehensive law between the two ordinances.
It lays down the obligations of employers towards domestic workers, and obligations
of recruitment agencies when they are placing domestic workers.295 Thus,
‘The recruitment agencies must ensure that employers provide domestic

workers with accommodation, training, health care, a minimum of six
months employment, a choice of employment and a written contract.
Equally, employers are required to grant pay, food, drink, annual leave, a
new set of clothes per year, a decent place to sleep, humane treatment,
an opportunity to worship, basic health care, registration with the Lurah
(urban district) Head, and registration with the Jakarta Manpower Office
(if an agent is not used).’296
For resolution of conflict the office of the governor of Jakarta appoints the members
of the Domestic Worker Dispute Resolution Team.297 Penalties for breach of
provisions are punished by up to 3 months of imprisonment.298
The Local Ordinance on Manpower (No 6/2004) provides for limited rights to
domestic workers. The law is not well known and was issued prior to the Manpower
Act, Law 13/2003 so that its legal value remains unclear.299 The ordinance mandates
the recruitment agencies to provide domestic workers with accommodation and
‘welfare facilities’ and employers to accomplish written contracts and register them
with the office of the Governor.300
293
Manpower Act of 2003 Article 74
294
295
Id
296
Id; See also ILO, The regulation of domestic workers in Indonesia p16., supra note 1
297
298
Id
299
ILO, The regulation of domestic workers in Indonesia p.17, supra note 1
300
Id
65
Starting 1998 Indonesia has launched several initiatives to provide more protection
for its migrant workers abroad. In 2004 it passed the Law on the Placement and
Protection of Indonesian Migrant Workers Overseas (Law No. 39/2004) in an effort
to regulate more closely the process of migration through a national legislation
instead of only ministerial decrees.301 This law established the Agency for the
Placement and Protection of Indonesian Migrant Workers (Badan Nasional
Penempatan dan Perlingungan Tenaga Kerja Indonesia: BNP2TKI). The Agency has
the authority ‘to provide direct services, coordinate, and oversee documentation,
pre- deployment information and orientation, deployment and return, information
dissemination, welfare and protection, provide victim assistance and protection.’302
Even then, the law focused more on recruitment procedures rather migrant workers’
protection.303
There are also efforts to promote a concerted action involving 11 departments,

including the National Police, governors, regents and mayors. 304 These are:
 Presidential Decrees No. 106 of 2004 on the Establishment of a Coordinating

Team to Handle Undocumented Migrants;
 Presidential No. 81 of 2006 on the Establishment of the National Body for
Placement and Protection for Indonesian Migrant Workers; and
 Presidential Instruction No. 6 of 2006 on the Policy on Reform in the System of
Placement and Protection for Indonesian Migrant Workers. This issuance resulted in
the establishment by the Coordinating Minister for Economic Affairs has established
three task forces, i.e., Task Force on Placement, the Task Force on Protection and the
Task Force on Finance.
Nonetheless, the reforms have been seen as not constituting a coherent and
comprehensive strategy in promoting and protection the rights of migrant workers
and have been ad hoc in nature.305
The UN Special Rapportuer for human rights of Migrant Workers in Indonesia cited
some relevant reasons for the problem.306 According to him, labour recruiters in
charge of managing the migration of female domestic workers use both legal and
illegal channels for migration. He also referred to the problems of complicated
procedures in the migration process involving high costs whether through official or
unofficial means. This results in extortion of exorbitant fees from migrant workers
who become deeply indebted. Likewise, many abuses happen in the pre-departure
301
Special Rapporteur Mission to Indonesia 2007, supra note 22
302
303
304
See Id
305
Id
306
Id
66
stages related to the system of recruitment while the Government hardly monitors
the agencies. (See discussion in Section of the paper). Migrant domestic workers not
only experience the lack of support of Government institutions while they are still in
Indonesia but also Indonesian embassies and consulates in the receiving
countries.307
The Suppression of the Criminal Act of Trafficking in Persons Law is a response to the
impending issue of Indonesia being now a primary source country for human
trafficking to richer Asian countries and the Middle East. Internal trafficking within
the country is also a serious problem. The law is considered a ‘monumental
achievement’ of the Government. It criminalises human trafficking and requires
extensive protection and victim support services. Despite significant efforts by
government to eliminate trafficking and bring the offenders to justice through this
law, there still remains a pronounced weakness in doing so.308 This is patent in the
failure to curb the practices of large-scale trafficking both by licensed and unlicensed
agencies aggravated by the traffic-related complicity of public officials.309
307
Id
308
U.S. Department of State, Trafficking in Persons Report 2008, 4 June 2008
http://www.state.gov/g/tip/rls/tiprpt/2008/105388.htm
309
Id
67
A national and regional level campaign has been made by different groups to
advocate and lobby for the protection of the rights of domestic workers. These
include programmes and services for the benefit of domestic workers as well as
advocacy for the legislation of a sector-specific domestic workers’ law.
5.1.1a Government
On the part of the Government, the State Minister for Women’s Empowerment is
currently drafting a Domestic Worker’s Protection bill that is plans to submit
sometime in 2010.310
5.1.1b Associations
The National Network for Domestic Workers Advocacy (Jala PRT) was established in
July 2004 and is made up of 28 network organisations covers 13 cities in Indonesia:
Sumatera: Palembang & Lampung; Java: Bandung, Jakarta, Solo, Semarang,
Surabaya, Madura; Kalimantan: Pontianak; Sulawesi: Ujungpandang; NTB: Mataram.
311
The organisations and its affiliates are concerned with domestic workers.
Together with its affiliates, it engages in policy development and advocacy work, and
takes up cases involving domestic workers, runs campaigns and does research.
JALA PRT is presently drafting a bill proposal to protect domestic workers. The bill
will be an entirely new one and is not merely an amendment of the Manpower Act.
This is because JALA PRT considers the urgency of the need to protect domestic
workers and it will take a long time to amend the present labour law. Among others
the bill will call for weekly day off of domestic workers, provision of a standard
salary, clear working hours, as well as, time for educational pursuits and other
opportunities for self-betterment.312
JALA PRT is also actively pushing the Government to speed up its work on drafting its
310
The Jakarta Post February 16, 2009, supra note 68
311
See paper presentation Legal Reform for Domestic Workers – Indonesia By: RUMPUN Tjoet Njak Dien Tunas Mulia
Yogyakarta Domestic Workers Union Jala PRT. Presented for ADWN Study Tour, Philippines, 3-7 October 2005. Note the
document indicated 27 members. [Hereinafter Paper presentation on Legal Reform for Domestic Workers – Indonesia 3-7
October 2005] www.cawinfo.org/pdf/Rumpun%20presentation.pdf
312
Jakarta Globe City, Domestic Helpers Left Unprotected, Say Labour Groups by Anita Rachman, February 15, 2009 available at
http://www.thejakartaglobe.com/news/city/article/9930.html [Hereinafter Jakarta Globe City February 15, 2009]
68
own domestic workers protection bill.313 However, it also plans to move forward
with its own bill. 314 Recently, JALA PRT has found the State Ministry for Women’s
Empowerment quite remiss for not taking up the draft with Ministry of Justice and
Human Rights. 315
JALA PRT is also advocating for the declaration of a national domestic workers day.
On February 15, 2009 it organised 300 people, including 100 domestic workers and
rallied for the proclamation of National Domestic Workers Day (Hari PRT) every
February 15th and to give them official holidays as with professional workers. 316
They chose this date because it marked the day domestic workers protested in 2001
the death of a child domestic worker, Sunarsih, 14, after she was fatally beaten up by
her employer on February 12.317
The Tunas Mulia Domestic Worker Union is the only union of domestic workers in
Indonesia. It was founded in April 2003 in the city of Yogyakarta in Central Java,
Indonesia. It became officially recognised as a union by the Ministry of Manpower
and Transmigration through its local representative, in 2004.
AI lists the unions activities as including ‘advocacy on individual cases and legislative
reforms; dissemination of information via a theatre group, the radio, a
communication forum, a discussion group; and welfare activities through a small
shop, laundry facilities, and health insurance facilities.’
They now have around 300318 members and are affiliated with agencies including the
Yogyakarta Local Network for Domestic Workers Protection (Jaringan Perlindungan
Tangga), the Alliance of Yogyakarta Workers (Aliansi Buruh Yogyakarta), the
Network of Court Observers (Jaringan Pemantau Peradilan) and the National
Network for Domestic Workers Advocacy (JALA PRT).319
Likewise, a network Advocacy Team of Migrant and National Domestic Workers

consisting the following groups Komnas Perempuan, Solidaritas Perempuan,
RUMPUN Tjoet Njak Dien, RUMPUN Gema Perempuan, and Yayasan Kusuma Buana,
had been established to cooperate and work together for advocacy of domestic
workers’ rights; 320
5.1.2 Regional Level
At the regional level, the Network of Protection Towards Domestic Workers in
313
Id
314
Id
315
Id
316
317
Id
318
See Amnesty International supra note 5 where AI states there are 175 members.
319
See Respect and Rights: Protection for Domestic/Household Workers! Part II Actions Around the World, Held in Amsterdam,
8-10 November 2006 at the headquarters of the FNV trade union federation of the Netherlands, a report by Celia Mather
320
See Paper presentation on Legal Reform for Domestic Workers-Indonesia 3-7 October 2005, supra note 151
69
Yogyakarta Province (Jaringan Perlindungan PRT DIY) 321 had filed the Domestic
Workers Local Regulation Draft (RAPERDA PRT) in Yogyakarta region. The
Government of Yogyakarta Province had responded positively by establishing
Governor’s Letter for Local Government and the Regency Government to establish
regional regulation on domestic workers. On the other hand the local government
has conducted research and planning to establish the regulation.
5.2. International domestic workers and Government interventions
Aware of the problems besetting the recruitment and pre-departure of migrant

domestic workers, the Government has established a single company (PT BIJAK) to
oversee the labour recruitment business and control to a certain degree the
recruitment arrangements.322 It engages local authorities who must ensure that
passports are valid and contain accurate information, including the real ages of the
female migrant workers. 323
The Government also conducted information campaigns for Indonesians living

abroad to know about their rights. 324 An independent radio station in Batam for
instance, has a weekly programme devoted to complaints made by domestic
workers in Singapore and the responded to by Indonesian authorities. 325
The Government has also set up than 200 “special crisis rooms” or “women's desks”
throughout the country run by police officers. 326 Female officers are the ones in
charge of receiving reports from women and child victims of sexual assault and
trafficking. 327 The crisis centre also provides temporary shelter for the victims.328
Indonesian embassies and consulates based on the receiving countries normally

assist migrant workers who have suffered abuses in the country destination. They
provide temporary shelters for those who flee abusive situations and assist them in
returning to their home country and in pressing charges against employers. 329
Nonetheless the level and quality of assistance have proved to vary greatly owing to
many circumstances. 330 The embassies and consulates have been understaffed and
under resourced and do not have the capacity to adequately address the large
volumes of complaints from migrant workers. 331
321
See Id. The document indicated 27 members at the time paper was written)
322
323
Id
324
Id
325
Id
326
US Department of State, “Country reports on human rights practice”, Indonesia, March 2006,
http://www.state.gov/g/drl/rls/hrrpt/2005/61609.htm.
327
Id
328
Id
329
330
Id
331
Id
70
Report shows that labour attachés and social welfare officers are insufficient in
number have not been appropriately trained to handle cases of abuse or non
payment of salaries by employer. 332
Domestic workers who sought shelter after being victimised of physical or sexual
abuse, poor working conditions or unpaid wages found themselves in overcrowded
places. 333 Although most embassies are able to provide medical care for abused
domestic workers, other forms of assistance such as professional trauma and mental
health counselling are typically lacking. 334
Moreover, despite presence of embassies and consulates, migrant domestic workers

may also be prevented from reporting abuses in the hands of their employers and
seeking assistance because of strict immigration policies in the receiving countries.
335
For instance, working in Malaysia without a permit or visa is illegal and
increasingly punitive measures, including caning, is now in place to deter and
penalise such workers.336 Thus, the police make routine arrests, detentions, and
deportations of undocumented workers, without regard or inquiry into the
undocumented status of a suspect. Consequently, migrant workers in abusive
environments are less likely to attempt escape, as they fear being caught by
immigration authorities.
332
Id
333
Id
334
Id
335
Id
336
Enforcement and implementing rules of the Immigration Act
71
6 CONCLUSION
Domestic workers in Indonesia constitute an overwhelming majority of women and
girl children. They come from the marginalised poor who are compelled to engage in
this employment to alleviate their economic situation. However, their services are
not given proper value by the society. Despite the widespread hiring of domestic
workers by rich and middle class family, Indonesia’s Labour Law has failed to
recognise this valuable but hidden sector of workers. Their jobs remain in the realm
of private sphere where State regulations do not reach them.
Indonesian domestic workers and migrants working in the foreign country do not
differ in facing the same risks and vulnerability in the conditions of their work and in
facing other kinds of vulnerabilities. From the moment they come into contact with
the recruitment process up to the time they reach their workplace they immediately
face the risks of trafficking, economic exploitation and other human and labour
rights.
At home and in receiving countries, domestic workers continue to lack the legal
protection from the law. The Government continues to fail in protecting its domestic
workers. At the national and regional level, the Government, NGOs and the civil
society have exerted efforts to protect local and migrant domestic workers. But
these efforts require strengthening so that domestic workers can fully realise their
rights regardless of their destination.
72
NEPAL
73
ACRONYMS
CWIN Child Workers in Nepal Concerned Centre

CWISH Children-Women in Social Service and Human Rights
CWWD Central Women Workers' Department
GEFONT General Federation of Nepalese Trade Unions
IPEC International Programme on Elimination of Child Labour
IRIN Humanitarian News and Analysis- a project of the UN Office for the
Coordination of Humanitarian Affairs
MoLTM Ministry of Labour and Transport Management
NIDWU Nepal Independent Domestic Workers’ Trade Union
NLA National Labour Academy
US DOL US Department of Labour
74
1 INTRODUCTION
The hiring of women and children as domestic workers is a traditional and economic
reality in Nepal. The servitude of the poor in the rich household characterised the
nature of relationship of domestic workers’ with their employers. This characteristic
finds its basis from the long-time customary practice by feudal landlords and people
belonging to the ‘higher’ class to take into service those from the lower class as
servants, bonded labourers and attendants in their homes often with very minimal
or no pay. Domestic work was perceived by society as a lowly or unpaid reproductive
labour undertaken by slaves, serfs or bonded labourers. This perception has
persisted up to the present and finds its manifestations in certain modern day
practices. Child labour especially for housework is a centuries-long practice. For
instance it is common for marginal rural families to send their children to work as
domestics in richer households as payment for their indebtedness or to obtain some
money for their survival. The children are sent to work as part of a patronage system
that considers them partly “adopted” in the household, where the child workers are
completely dependent on the family/employers’ graces without expectation of any
formal remuneration or working relations.
75
There is no comprehensive national data on domestic workers in Nepal. However,

the 2007 survey of National Labour Academy (NLA) revealed an estimated 150,000
adults and children are engaged domestic work in the country.337 According to NLA
survey, around 50,000 adult domestic workers and 50,000 child domestic workers
are employed in the urban areas while another 50,000 domestic workers are
employed in the rural areas. These domestic workers either have very little or no
educational attainment at all. Fifty-three percent are illiterate or just literate while
47 percent had some schooling. Seventy-eight percent work full time while 22
percent work part time. It is mostly adults who work as part time. Majority of the
domestic workers are female comprising 68 percent while male comprised 32
percent. Seventy percent of the domestic workers are children below 18 years old.
Table 1 illustrates the profile of domestic workers in Nepal.
Table 1 profile of domestic workers in Nepal

Adult in urban Child in urban Adult & children in Total Total in
areas areas rural areas %
Domestic workers 50,000 50,000 50,000 150,000 100 %
in Nepal
Male 48,000 32 %
Female 102,000 68 %
Below 18 years old 105,000 70 %
Illiterate or just 70,500 47 %
literate
With some 79,500 53 %
schooling
On full time work 117,000 78%
On part time work 33,000 22%
Source NLA
In the 2007 survey conducted by Children-Women in Social Service and Human

Rights (CWISH) on child domestic workers in Kathmandu,338 it revealed that children
start working as domestics at a very young age. Survey showed the age range of
child domestic workers to be as young as less than 10 years up to 18 years of age. Of
these children 63 percent are female. Forty eight percent are those within the 15-18
years age group where girls are the majority at 51 percent. Those within 11-14 years
337
The information of the NLA survey in this research was obtained from the keynote address prepared by Dr. Shiva Sharma,
National Labour Academy in a seminar on Domestic Workers in Nepal (September 12, 2007) organised by ‘Shram Partakar
Manch’ *Hereinafter Sharma NLA+. According to the keynote address, NLA surveyed 2000 households in Kathmandu, Moran
and Bankey in the study conducted on domestic workers.
338
Status of Child Domestic Workers in Kathmandu Valley 2007, Children –Women in Social Service and Human Rights (CWISH)
Chabahil, Kathmandu. (Figures were rounded off) [Hereinafter CWISH: Status of Child Domestic Workers in Kathmandu Valley
2007]
76
group comprise 38 percent with 48 percent boys. Persons over 18 years are 11
percent while children less than 10 years old are 2 percent. Forty eight percent of
these children belong to minor ethnic communities. Only 9 percent of the children
surveyed stay with their parents and work as live-out domestics. Table 2 illustrates
the profile of the surveyed child domestic workers in Kathmandu
Table 2: Profile of the 634 child domestic workers in Kathmandu

Child domestic workers surveyed In percentage
Over 18 11 %
15-18 years old 48 %
11-14 years 38 %
Less than 10 2%
From minor ethnic communities 48%
Live-out and living with parents 9%
*Note that girl child domestic workers are 63% of the surveyed children and that 48% of them are 15-
18 years old
**Source CWISH
CWISH survey also revealed that majority of the family economies of child domestic
workers are in the informal economy. Fifty percent of the children surveyed
mentioned agriculture as the main source of the family income. Fifty two percent of
those who mentioned agriculture are girl child domestic workers. Seven percent of
the child domestic workers stated that the main source of family income is agro
labour while another 7 percent mentioned domestic work as the main source. Six
percent stated industrial labour while another 6 percent mentioned small business
as the main source of family income.
In terms of educational attainment, CWISH survey revealed that 75 percent are out
of school. Thirty eight percent of those out of school are completely illiterate and
have never gone to any educational programme while 35 percent are literate but
have dropped out of educational programmes. Financial reason has been the major
reason for dropping out of school.
The number of district mobility in Nepal totals at 2.9 million indicating that internal
migration in the country has been accelerating over the last decade.339 More than
25 percent of the total migration flow is rural-to-urban.340 Majority came from the
mountain and hill areas and migrated to the plains and urban area.341 Poverty,
inequitable distribution of income, unemployment, difficult livelihood, and food
339
Migration, poverty and development in Nepal, a paper prepared by Mr. Bal Kumar KC, Economic and Social Commission for
Asia and the Pacific Ad Hoc Expert Group Meeting on Migration and Development, 27-29 August 2003 Bangkok, ESID/EGM/INF.
10, 27 August 2003 http://www.unescap.org/esid/psis/meetings/migrationaug2003/Nepal.pdf [Hereinafter Kumar, Migration,
poverty and development in Nepal]
340
Id
341
Id
77
insecurity were some of the important causes of internal migration.342 The 2001
Nepal census showed that employment was one of the five main reasons for
migration.343
Local migration has also become a common movement in adult and child domestic
workers. They likely form a substantial number of migration flow from rural to urban
areas within Nepal. More often than not, it is mostly women and young girls who
would leave their home to engage in domestic work in other towns and cities. A
number of migrant children have been found engaged in domestic work.344
Moreover, 83 percent of domestic workers who migrate are landless and poor.345
Women who came from migrant families in urban areas, engaged in part-time
domestic work as one means to supplement family income. 346
In 2006, almost one third of the total domestic workers were found to be new
entrants.347 The proportion for that year is considered high and the increase in
number is most likely because of conflict areas that pushed families and their
children to migrate to urban areas and to take on domestic work. 348 Local migration
for domestic work is usually through informal channels facilitated by families, friends
and local recruiters. The practice of Kamlari system or girl-indentured domestic
labour also increased the incidence of migration especially of girl-children to other
places for domestic work. Although bonded labour is already prohibited under
Nepalese law, this has not prevented the practice of recruiters from ‘buying off’ girl-
children from their parents in exchange for cash so that these girls can engage in
domestic work in other cities.
Poverty is a major reason that drives most women and children to engage in
domestic service.349 CWISH survey revealed that children mentioned financial
poverty as a major reason for leaving home to engage in domestic work. 350 Domestic
work is one way of increasing the income and standard of living that does not
require skill qualifications.
The children surveyed by CWISH also gave other reasons for engaging in domestic
work: the lure of education and urban attractions, as well as fleeing domestic
violence at home, natural calamities and social/armed conflict. Most of the children
342
Internal Migration, Chapter 15, by Bal Kumar,
http://www.cbs.gov.np/Population/Monograph/Chapter%2015%20%20Internal%20Migration%20in%20Nepal.pdf [Hereinafter
Internal Migration, Chapter 15, by Bal Kumar]
343
Id. (Note: The author also stated that the census indicated that employment was cited as 3% of the female migration while
marriage assumed the highest percentage at 47%. However, marriage as a dominant reason had significantly underrated other
reasons given by respondents during the census operation.)
344
Supra note 3 Kumar, Migration, poverty and development in Nepal
345
Sharma NLA, supra note 1
346
Id
347
Id
348
Id
349
Id; CWISH: Status of Child Domestic Workers in Kathmandu Valley 2007, supra note 2
350
Id; CWISH: Status of Child Domestic Workers in Kathmandu Valley 2007, supra note 2
78
usually went through private channels with the facilitation of their own parents,
family members, relatives or friends.351 Siblings and friends already working as
domestics usually pull other younger children to work in the same employment.352 In
Nepal the demand for younger workers is high353 thus increasing the likelihood of
younger children to be recruited. Accordingly it is harder for older children to
continue their work above the minimum legal age of 14 years old since employers
think older children can bargain for higher salaries and other rights and thus are
going to be sources of trouble for them. 354 Children aged less than 10 years old are
even brought in by their parents to domestic service.355
Foreign labour migration has become a major feature of Nepal’s economy and
society in the last decade.356 The value of remittances sent by the migrant workers
has increased significantly and has become one of the largest sources of foreign
exchange contributing to the country’s economy. 357 In the meantime these
remittances have helped pull the workers’ families out of poverty, as it is mostly the
rural households who are depending on at least one of the members’ earnings
working abroad. 358
Official estimates report that there are around 1 million Nepali migrant workers. 359
However, the Nepali Department of Labour and Employment Promotion estimated
these migrant workers to be around 1.7 million including the undocumented workers
who have gone through irregular channels.360 Fifteen percent of the migrant
workers are women.361 A significant number of these migrant workers end up in the
informal economy with many of the women found in domestic service.
Nevertheless disaggregated data on these domestic workers are still wanting. This is
aggravated by the challenge of documenting especially those who have migrated
through informal channels and eventually were absorbed in the informal economy in
the host countries.
351
Id
352
Anti-Slavery, Child domestic labour: Child domestic workers speak out, Geneva 6 - 10 June 2005, United Nations Commission
on Human Rights Sub-Commission on the Promotion and Protection of Human Rights Working Group on Contemporary Forms
of Slavery 30th Session, http://www.antislavery.org/archive/submission/submission2005-childdomestics.htm [Hereinafter Anti-
Slavery, Child domestic labour]
353
Id
354
See Id
355
CWISH: Status of Child Domestic Workers in Kathmandu Valley 2007, supra note 2
356
Nepal's Dependence on Exporting Labour, by David Seddon, University of East Anglia,
http://www.migrationinformation.org/Profiles/display.cfm?id=277 [Hereinafter Seddon, Nepal's Dependence on Exporting
Labour]
357
Id
358
Id
359
Friendlier Policies for Women Migrant Workers by Shahnaz Parveen
http://www.thedailystar.net/magazine/2007/07/03/labour.htm See also supra note 3 ESID/EGM/INF. 10 27 August 2003
360
Friendlier Policies for Women Migrant Workers Shahnaz Parveen
http://www.thedailystar.net/magazine/2007/07/03/labour.htm [Hereinafter Parveen, Friendlier Policies for Women Migrant
Workers]
361
Id
79
The popular country destinations for migrant workers are India, the Middle East, East
and Southeast Asia. There are reportedly around 700,000 Nepalese who are
engaged in employment mainly in the Middle East, East and Southeast Asia. 362 In
India, at least 700,000 Nepalese work in the private sector while another 250,000
work in the public sector. 363
Nepal and India have a long history of migration that goes back more than a hundred
years. By virtue of a 1950 bilateral treaty the two countries agreed to share ‘open’
border allowing their citizens to travel and work across the borders of either country.
According to the agreement the citizens of both countries can travel and work across
each other’s borders and are to be treated equally with the citizens. Thousands of
Nepalese from the rural areas have been migrating for work every year to India
because of poverty, unemployment and recently because of the Maoist conflict.364
Migrants coming from Far West Nepal are usually of low socio-economic status
unskilled and work in the informal economy such as watchmen and car cleaners
while women take on domestic work.365 Qualitative data showed domestic workers
in certain urban areas of Delhi but domestic workers are usually invisible migrants in
India and are difficult to account.366
India has always been an attractive country for migration by unemployed, unskilled
and marginal groups in Nepal. The economically more developed India with whom
Nepal shares an open border, its proximity the cultural affinities between the two
countries, the easily convertible cash and the ease and affordability of travel, as well
as, the histories of migration are but some of the reasons for India to be a preferred
country.367
Southeast Asia has also become a popular destination for migrant workers especially
after Nepal officially recognised the potential value of foreign labour migration
through the approval of the Labour Act of 1985.368 Majority of women were found in
countries of Hong Kong, Singapore and Brunei where the demand for domestic work
was buoyant.369 In 1997 an estimated more than 40 percent of migrant Nepalese
were working in these countries.370 In 2002 merely a year after Malaysia opened its
labour market to Nepal workers an estimated 85,000 Nepalese became migrant
workers in the country.371
In the last five years Nepalese women have been increasingly migrating as domestic
362
Seddon, Nepal's Dependence on Exporting Labour, supra note 20
363
Seddon, Nepal's Dependence on Exporting Labour, supra note 20 citing the 1997 Nepal Institute for Development Studies
research on foreign labour migration.
364
See paper on ‘Open borders, closed citizenships: Nepali labour migrants in Delhi’ by Raju Bhattrai, International migration,
multi-local livelihoods and human security: Perspectives from Europe, Asia and Africa 30 and 31 August 2007 Institute of Social
Studies The Netherlands [Hereinafter Bhattrai, Open borders, closed citizenships: Nepali labour migrants in Delhi]
http://www.iss.nl/content/download/8271/80771/file/Panel5_Bhattrai.pdf
365
Id
366
Id
367
Id
368
Seddon, Nepal's Dependence on Exporting Labour, supra note 20
369
Id
370
Id
371
Id
80
workers in the Gulf countries. In Saudi Arabia alone, an estimated 50,000 to 70,000
women are engaged domestic work.372 The number of Nepalese domestic migrant
workers in Saudi Arabia may even increase in the wake of the recruitment
agreements signed by the labour sending and labour receiving countries in late 2007
and early 2008.373
Poverty and lack of opportunity of employment at the home country drive migrant
domestic workers to seek employment to other countries. Women domestic
workers see labour migration as answer to poverty.374 The global labour market has
opened employment opportunities for Nepalese women who have been
transformed from being perceived as “dependents to (becoming) economic
actors”.375 The emerging trend is that there is a higher rate of global market demand
for Nepalese female labourers than male labourers. 376 Moreover, it is in domestic
work that majority of Nepalese women are given employment opportunities. 377
Among the youth, the seasonality of employment in Nepal and the unfavourable
working conditions including low wages cause half of them to migrate to India and
other countries to work.378
372
Parveen, Friendlier Policies for Women Migrant Workers, supra note 24
373
See Human Rights Watch, “As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia, July 2008 pp. 8&16
[Hereinafter HRW “As if I’m not Human”+
374
See generally Nepal: Contribution of women’s remittances to poverty reduction by Chandra Bhadra 2008-03-12
http://www.telegraphnepal.com/news_det.php?news_id=3052
375
Id
376
Id
377
Id
378
81
WORKERS
Local domestic workers do not figure in the labour laws of Nepal and cannot demand
even basic rights normally accorded to workers in the formal economy. They are
relegated to the informal economy, mostly excluded from labour standards and
cannot demand claims or protection from violation of their rights to decent work
and other human rights abuses and discrimination specific to their situation in
domestic service. These abuses begin from the moment they are recruited up to the
time they engage themselves in domestic employment.
3.1.1 Recruitment
Domestic workers are often recruited from groups and families with low economic
status who reside in rural or urban poor areas. Most of recruitments are done
through informal channels where parents, relatives or friends play an important role
in bringing, especially children, to domestic work.
For instance it is apparent from CWISH survey that almost if not all of the children
domestic workers were brought to work by their parents (43 percent); family
members (19 percent); relatives (19 percent); and friends (2 percent); while younger
children usually less than 10 years old were brought to work mostly by their family
members (79 percent). 379
With the coming of the ‘middlemen’ in the scene, internal migration for domestic
work was “professionalised”. These ‘middlemen’ have also become instrumental in
the increased recruitment and institutionalisation of the girl-indentured domestic
labour or the Kamlari sytem.380 The Kamlari system is an offshoot of the prohibited
practice of Kamaiya bonded labour (These systems will be discussed further in 3.1.3
379
Figures are rounded off
380
See Nepali Times, Kamlaris in Dang by Suman Pradhan 15 September 2006
http://www.nepalitimes.com.np/issue/315/Nation/12487 and BBC News, Desperate plights of Nepal ‘slave girls’ 2 March 2007,
http://news.bbc.co.uk/2/hi/south_asia/6405373.stm
82
on Vulnerabilities to other abuse).381 Young girls recruited through the Kamlari
system became vulnerable to trafficking and domestic violence.382 The practice of
Kamlari system is still prevalent and it has been considered by many activists as a
form of “internal trafficking” of girls who are practically sold by their parents with
the help of local middlemen.383 Moreover, the system is characterised by
disadvantageous arrangements that virtually left the girl domestic workers in
bondage or situation akin to slavery or forced labour.
Decent wage: The amount of wages earned by adult and child domestic
workers are below the minimum wage requirement, even lower compared to that of
agricultural workers. 384 Moreover 34 percent of these domestic workers reportedly
do not receive the payment for their services.385 Fifty-five percent received their
payments monthly while 11 percent received their salary only annually. 386
Child domestic workers are the ones who usually do not receive their salaries or
receive very little because they are considered taken in for foster care by their
employers and not as workers. According to CWISH survey387 almost 50 percent of
the child domestic workers surveyed do not receive any salary. Those who are paid
received a salary ranging from less than rupees 500 (6 USD) up to rupees 1000 (12
USD) every month. Children 10 years or younger are more likely to receive salaries
that are less than rupees 500 (6 USD).
Hours of work: Children domestic workers are highly vulnerable to excessive

working hours. Anti-Slavery International reported cases where some child domestic
workers are made to work from dusk till dawn with very little time to rest.388 It is
common for these children to rise at 5 in the morning and sleep after 10 at night.389
IRIN reported the case of a 16-year-old girl domestic worker in Kathmandu who was
required to work 18 hours a day and allowed only a few hours of sleep.390 CWISH
found in its survey that 41 percent of child domestics work beyond eight hours a day.
Occupational safety and health: Child domestic workers suffer heavy workloads
and are required to carry out work beyond their capacity to safely undertake.
381
Nepali Times, Kamlaris in Dang by Suman Pradhan 15 September 2006
http://www.nepalitimes.com.np/issue/315/Nation/12487 in an interview with ‘Dhaniram Chaudhary, the son of a former
kamaiya and now vice president of Society Welfare Action Nepal (SWAN), which works to eradicate the kamlari practice in
lower Dang’ who stated that “The kamlari system grew out of this (Kamaiya)"
382
UN Mid and Far West Regions Weekly Report 14 November- 28 November 2008,
http://un.org.np/floods/daily_updates/west/2008-11-28-MW_FWR_Weekly_Report.pdf
383
Nepal: Girls sold by parents for domestic labour 3 February 2008 IRIN
http://www.irinnews.org/Report.aspx?ReportId=76543 [Hereinafter IRIN, Nepal: Girls sold by parents for domestic labour]
384
385
Id
386
Id
387
CWISH: Status of Child Domestic Workers in Kathmandu Valley 2007, supra note 2
388
A handbook on advocacy, Child domestic workers: Finding a voice, Maggie Black Anti-Slavery International 2002 citing the
1995 study of Child Workers in Nepal (CWIN)
389
Id
390
IRIN, Nepal: Girls sold by parents for domestic labour, supra note 48
83
CWISH survey found that the children have experienced health problems during
working time but often do not receive medical treatment. Girls have higher
incidences of health problems at 43 percent compared to 35 percent among boys.
Illnesses included abdominal, neuro, eye nose and throat and skin problems.
Accidents also occur while at work including electric shock, dog bites, burns from fire
or hot water, road accident and fracture. Boys suffer accidents at 28 percent
compared to 22 percent among girls..
Women and girl domestic workers in Nepal face risks in addition to human rights
abuses and violation of their rights to decent work. Girls are especially vulnerable
especially with the prevalent practice of the girl-indentured labour where a family in
exchange for cash sends a daughter to work through a middleman. These girls
usually disappear after being recruited and sent to work.391 Sexual slavery and
trafficking are some of the most common vulnerabilities. Under these circumstances,
there remains practically no protection for the girl and women domestic workers nor
have they any means to defend themselves.
Bonded labour of Kamaiya and Kamlari system: The incidence of bonded labour
for domestic work is prevalent especially among young girls. A survey by the
International Labour Organisation (ILO) and Child Workers in Nepal Concerned
Centre (CWIN) estimated that one third of child domestic workers are in bonded
labour.392 Bonded labour may take the forms of Kamaiya bonded labour or Kamlari
system of girl-indentured labour. In 2002 Nepal government issued a law prohibiting
the Kamaiya system. The enactment has been perceived as a progressive step
especially in child labour protection, nevertheless, the law has not brought to an end
its offshoot Kamlari system.
The Kamaiya system is characterised by an agreement of a person, usually a farm

labourer who must serve a landlord as a form of payment for the money he loaned
or because his forefathers were indebted to the landlord.393 The arrangement is
exploitative in nature where “rural labourers (are) forced to work through an existing
socio-economic and political relationship, in demeaning conditions, and used as
virtually unpaid labour for the cultivation of land and other domestic activities.”394
Within the Kamaiya system other forms of bonded labour specific to gender and age
including domestic labour are created. A Kamaiya’s spouse known as Bukhari is
expected to accompany him not only in farm works but also to do the domestic
391
Id
392
Understanding Bonded Child Labour in Asia, An introduction to the nature of the problem and how to address it, Child
Workers in Asia (CWA) Task Force on Bonded Child Labour, William F. Stafford, Jr. (Primary Auth and Ed.) (2007)
(2007) [Hereinafter Stafford CWA, Understanding Child Labour in Asia]
393
The Kamaiya System of Bonded Labour in Nepal, Nepal Case Study on Bonded Labour Final1, citing Karki
http://www.omct.org/pdf/ESCR/2006/intl_conference2005/II_B_3_Nepal_Case_Study.pdf,
394
Id
84
chores of the master. 395 A Kamaiya without a Bukhari is expected to present a
female member of the family to assume the role of the Bukhari. 396 This female
member may either be his wife, child or other relatives. Female children engaged in
domestic work through the Kamaiya system are also known as Kamlahari. 397
In Kamlari system, middlemen would buy off girls from their parents for a down
payment of Rs 4,000-6,000 (USD 50 to 70)398 for a year’s service.399 Where the
daughters are previously given to local landlords (to work as domestics), they are
now being sent off to towns and cities for government and police officers as favours.
400
The practice is especially widespread in the poor families from Tharu community
of Dang, Kailali, Kanchanpur, Banke and Bardiya districts in western Nepal.401 Tharus
would offer their daughters as domestic workers to rich local landlords for
sharecropping opportunities.402
Deals with the middlemen are usually characterised by verbal agreements

amounting to bondage and exploitative labour. The parents would receive their
daughter’s monthly salary in exchange for one year of domestic service to employers
that parents will never meet nor will be able to locate.403 The daughter would
receive food, clothes, and shelter and in very rare instances some education from
her employer. The one-year service could go on for years without any option for the
girl to leave as long as she regularly generates income for the family.404 Many of
these girls reported being subjected to working conditions akin to slavery while
there are also accounts of verbal, physical and sexual abuse including rape, and
deprivation of opportunities for education.405 NGOs fighting against the Kamlari
system ascribe the practice not merely to poverty but the cultural tradition and the
low level of education of the people. 406 For Tharus this practice has been a
continuing tradition for over 50 years ever since they lost their lands to hill-settlers
who descended to the plains and took the land once inhabited by Tharus.407
One big challenge faced by advocates fighting against the Kamlari practice is the
difficulty of rescuing the victims ‘as their whereabouts are mostly unknown and most
395
Id
396
Id
397
Id
398
http://www.nepalitimes.com.np/issue/315/Nation/12487 [Hereinafter Kamlaris in Dang by Pradhan]
399
BBC News, Desperate plights of Nepal ‘slave girls’ by Charles Haviland 2 March 2007
http://news.bbc.co.uk/2/hi/south_asia/6405373.stm *Hereinafter BBC News, Desperate plights of Nepal ‘slave girls’+
400
Kamlaris in Dang by Pradhan, supra note 63
401
IPSNews, Nepal: Selling daughters into bondage may end by Suman Pradhan, 18 September 2006
http://ipsnews.net/news.asp?idnews=34755
402
See Kamlaris in Dang by Pradhan, supra note 63
403
Id
404
Id and BBC News, Desperate plights of Nepal ‘slave girls’, supra note 64
405
See BBC News, Desperate plights of Nepal ‘slave girls’, supra note 64 and NEPAL: Girls sold by parents for domestic labour
http://www.irinnews.org/report.aspx?ReportID=76543
406
407
Kamlaris in Dang by Pradhan, supra note 63
85
of the time the parents do not cooperate’.408 There are reportedly around 20,000
girl-indentured domestics.409
Physical, psychological, verbal abuse and sexual violence: Girl domestic workers
who work within the Kamlari system of girl-indentured labour have reported being
raped, physically tortured and starved and the girls’ education practically neglected.
410
Many of the girls are also trafficked for prostitution within India. 411
Women migrant domestic workers have been exposed to different forms of violation
of their labour rights because they are often not included within the scope of labour
laws of the country. 412 Many of them also face risks of many other kinds of abuse
such as trafficking during recruitment and in the process of migration and facing risks
of physical, sexual and psychological violence at the place of work. They have similar
experiences with their local counterparts in Nepal.
India is one country where a substantial number of Nepalese migrate to work. In

India, law and policy accord equal rights for Nepalese and Indian workers through
membership in labour unions. 413 But these Nepalese workers are merely 8 percent
of the formal workforce while most belong to the informal economy.414 Workers
from the informal economy face difficulties such as denial of benefits, gratuities,
proper compensation, and being in exploitative working conditions. 415
The 1950 bilateral agreement guaranteeing equal treatment of the citizens and
migrants has not prevented the discriminatory treatment against Nepalese migrant
workers in the informal economy including domestic workers. Moreover, because of
their desperate circumstances, many Nepalese domestic migrant workers tend to
accept work within substandard conditions that is even lower compared to that
being experienced by domestic workers in their own country. For instance in India
migrant domestic workers from other countries (or even other Indian states for that
matter) are willing to do full-time work for a measly amount of 100 to 300 Rp a
408
Nepal: Girls sold by parents for domestic labour, IRIN citing Man Bahadur Chettri from FNC, supra note 48
409
See Id; Kamlaris in Dang by Pradhan, supra note 63
410
IRIN, Nepal: Girls sold by parents for domestic labour, supra note 48
411
Id
412
Nepal: Contribution of women’s remittances to poverty reduction by Chandra Bhadra 2008-03-12 citing (Adhikari and
others, 2006) http://www.telegraphnepal.com/news_det.php?news_id=3052
413
Bhattrai, Open borders, closed citizenships: Nepali labour migrants in Delhi, supra note 28
414
Id
415
Id
86
month compared to the Rp 1000 that an Indian domestic worker in the city might be
able to earn full time.416
On the other hand, an estimated 1.5 million migrant domestic workers are employed
in Saudi households.417 Majority of them are women. Nepal is considered one of the
primary country sources of Saudi Arabian migrant labour although an extensive
number of them come from Indonesia, Sri Lanka and the Philippines. 418 HRW
reported that while there are no reliable statistics on the number of cases of abuse
against the migrant domestic workers, each year the Saudi Ministry of Social Affairs
and the embassies of labour sending countries shelter thousands of domestic
workers with complaints against their employers or recruiters.419 The most
common complaints are excessive workloads and unpaid wages not given within a
period of a few months up to 10 years. 420 HRW also reported that many of them are
denied basic rights accorded to other workers-- being subjected to excessive working
hours of up to 18 hours per day and seven days every week, no weekly rest days and
no overtime pay. 421 They also lack legal protection as they are excluded from the
scope of the country’s Labour Law.422
Many women and young girls in Nepal have become victims of trafficking. Traffickers
are easily able to recruit them from their hometowns and proceed unhampered to
transport them to another country. Recruiters would usually deceive them by
making false promises of well-paying jobs in other countries. According to US State
Report, Nepal is a source country for trafficking in women for domestic servitude to
countries like Saudi Arabia, Malaysia, Hong Kong, the United Arab Emirates, and
other Gulf countries.423 Women who are trafficked to India are usually forced into
prostitution.424 These include children in girl-indentured labour. 425 HRW also
reported “Governments, NGOs, and international organisations have documented
trafficking of individuals into forced labour, including forced prostitution, from Nepal
to India.”426
416
See The Riddle of Domestic Work in India by Sonia Faleiro, 22 September 2006
http://soniafaleiro.blogspot.com/2006/09/riddle-of-domestic-work-in-india.html. The article reported that migrant workers
from other countries and other Indian states are usually willing to accept an amount less than that received by other domestic
workers
417
Human Rights Watch, Middle East/North Africa: Treat Domestic Workers Fairly This Ramadan, 2 September 2008, available
at: http://www.unhcr.org/refworld/docid/48bf8ba92.html
418
Id
419
Id
420
Id
421
Id
422
Id
423
US Department of State 2008 Human Rights Report: Nepal http://www.state.gov/g/drl/rls/hrrpt/2008/sca/119138.htm
424
Id
425
NEPAL: Girls sold by parents for domestic labour http://www.irinnews.org/report.aspx?ReportID=76543 citing Quoting
Friends of Needy Children (FNC)
426
Human Rights Watch, Help Wanted: Abuses Against Domestic Migrant Workers in Indonesia and Malaysia July 2004 Vol. 18
No. 9(B). Note: Other countries mentioned in the HRW report were Burma to Thailand, Indonesia to Malaysia, Nepal to India,
and Thailand to Japan, among others.
87
HRW reported domestic workers faced ‘imprisonment or lashings for spurious
charges of theft, adultery, or “witchcraft”.427 They are also subjected to
psychological, physical and sexual abuse.428 By virtue of their exclusion from the
labour law they are also denied access to the new labour courts that the
Government of Saudi Arabia recently established.429 In the meantime, restrictive
immigration policies in Saudi Arabia continue to be imposed, reinforcing the kafalah
system of tying the domestic worker’s visa to her employment with the employer,
thereby limiting domestic workers’ options for escape and rescue. 430
427
Human Rights Watch, Middle East/North Africa: Treat Domestic Workers Fairly This Ramadan, 2 September 2008, available
at: http://www.unhcr.org/refworld/docid/48bf8ba92.html
428
HRW “As if I’m not Human”, supra note 38
429
Id
430
Id
88
DOMESTIC WORKERS
4.1 The Constitution
The Interim Constitution of Nepal, 2063 (2007) provides for fundamental labour
rights. The Constitution did not differentiate between formal and informal economy
in terms of labour protection but in fact emphasised that the guarantee of equal
protection of the law that may call for the enactment of special laws towards
“protection, empowerment or advancement of the interests” of labourers and other
marginalised sectors.431 The Constitution makes specific mention of the following
marginalised sectors - women, children, the aged, Dalit, indigenous ethnic tribes,
Madeshi, peasants and those belonging to a class that is economically, socially,
culturally disadvantaged.432 These sectors are guaranteed social justice through
their right to participate in the state mechanisms.433 Forced labour has also been
outlawed by the Constitution.434
The Constitution guaranteed the right of every worker to a proper work practice and
to form associations, unions and trade.435 Labourers belonging to marginalised
groups have the right to social security.436 The Constitution prohibits the exploitation
of children and their employment in hazardous work.437
It recognised in its policy and responsibility, the protection for labour along with
other disadvantaged groups. This includes pursuing a policy promoting the interest
of the worker and other marginalised groups with regard to their employment.438 It
is also a State policy to provide economic and social security and lands to bonded
labourers and other economically and socially disadvantaged groups.439 Although
domestic labourers are not specifically mentioned in its provisions, the coverage of
the Constitution extends to them being part of the disadvantaged and marginalised
group of labour. In fact as part of the informal economy they are usually the ones
who needed more protection under the fundamental law than those in the formal
economy.
431
Part 3 Fundamental Rights No. 13(3) Right to equality
432
Part 3 Fundamental Rights No. 13(3) Right to equality
433
Part 3 Fundamental Rights No. 21(1) Right to social justice
434
Part 3 Fundamental Rights No. 29(4) Right against exploitation
435
Part 3 Fundamental Rights No. 30(2) Right regarding labour
436
Part 3 Fundamental Rights No. 18(2) Right regarding employment and social security
437
Part 3 Fundamental Rights No. 22(2&5) Right of child
438
Part 4 Responsibilities, Directive Principles and policies of the state
439
Part 4 Responsibilities, Directive Principles and policies of the state
89
The Constitutional guarantees for workers protection especially the poor and
marginalised do not reflect to a great extent in the national legislation when applied
to the domestic workers’ sector. Its labour laws and children’s laws have
consistently excluded them from the coverage especially in terms of minimum
decent working standards. Certain laws providing protection against other kinds of
abuse are applicable to domestic workers. Nevertheless these laws do not squarely
address the violations that occur precisely because of the context and nature of
domestic work.
4.2.1 Labour law
National law and practice classify workers into “Formal and Informal Sectors”.440
Work in establishments, offices, factories and the like are covered under the “Formal
Sector”.441 The “informal sector” is further classified into Direct Workers and Indirect
Workers.442 Direct workers are those who are directly engaged in some kind of
manual job including a house servant.443 Those who help their parents in household
labour such as children of domestic workers are considered Indirect Workers. 444
In the 1990’s the Government of Nepal promulgated several labour laws including
the Labour Act 1992, Transportation Act 1992, Trade Union Act 1993, and Labour
Court Regulation Act 1995. However, these laws cover only workers in the formal
economy or that which law and practice classify as “formal sector”. Thus, none of
these laws made any specific reference to adult and child domestic workers. This is
one of the biggest challenges to claiming labour rights under Nepali labour law.
4.2.2 National law for protection of other kinds of abuses
Anti-child labour exploitation law: Specific laws enacted on children such as the
Children Act of 1992 and the Child Labour (Prohibition and Regularisation) Act of
2000 also touched on the labour protection of children but did not also make any
specific mention of child domestic work. Moreover, the Child Labour (Prohibition
and Regularisation) Act of 2000 establishing the minimum age of work at 14 years
old covers only those children working in the formal economy and strictly speaking
may not be applicable to child domestic workers.
440
Study on the Legal Protection of Child Domestic Workers in Asia-Pacific (A Review of the Existing Legal Framework for the
Protection of Child Domestic Workers) by Amparita Sta. Maria [Hereinafter Study on the Legal Protection of Child Domestic
Workers in Asia-Pacific]
441
Id
442
Sta. Maria supra note 105
443
Id
444
Id
90
Law prohibiting bonded labour: In 2002 the government passed into law the
Kamaiya Labour (Prohibition) Act declaring the Kamaiya system of bonded labour as
illegal and prohibited.
The law prohibits the practice of bonded labour thru the Kamaiya system, which is
the bondage of Tharu ethnic group in agricultural labour.445 However it did not
mention in specific terms the protection from bonded domestic labour that
characterised some of the relationships created in the Kamaiya. Nevertheless,
without delving into the aspect of implementation, its enactment may be considered
a progressive step in preventing bonded domestic work created and facilitated
through the Kamaiya practice.
Among the salient points of the law is the abolition of Kamaiya labour, the liberation
of Kamaiya labourers, the cancellation of their debts and restitution of the
properties seized from these labourers.446 The law also provided for the rescue
operations and rehabilitation of bonded labourers. Penalties for violation of the law
are limited in the form of fines which are considered as merely ‘soft’ penalties.
Positively, the law granted “legal freedom from slavery” without effectively
removing the “structural slavery of want”.447 Despite the ban on the Kamaiya
system resulting from efforts of internal and external agencies448 and through
enactment of a law, the freed labourers seemed to be in no better condition as they
were when in bondage. The lack of proper rehabilitation programmes and
provisions for alternative livelihoods has left them in continued want and poverty.
The factors that have pushed them in forced labour in the first place still remained
so that even a freed kamaiya would still send his/her daughter to do domestic work
in urban areas and cities to alleviate their impoverished plight.
Enforcement of other laws on child labour protection has also proved limited. The US
Department of Labour reports that the Ministry of Labour and Transport
Management (MoLTM) responsible for enforcing child labour legislation lacked
adequate resources for enforcement.449 There are only 10 labour inspectors
employed in the Ministry of Labour. Moreover, their authority merely covers
workers in the formal economy. 450
The National Labour Policy issued by the Government in 1999 deals primarily with
general labour policies and made no specific mention of migrant workers in its
445
Stafford CWA, Understanding Child Labour in Asia, supra note 57
446
Id
447
Id
448
Including government, civil society, local and international NGOs
449
United States Department of Labour, 2007 Findings on the Worst Forms of Child Labour - Nepal, 27 August 2008. Online.
UNHCR Refworld, available at: http://www.unhcr.org/refworld/docid/48caa483c.html
450
Id
91
provisions. Nevertheless, there are policies concerning migrant workers. Among
them are below:
1. One of the objectives of the labour policy is to make special

attempts for institutional development of the regime of foreign
employment of Nepalese, and secure its continuity.
2. For the expansion of foreign employment and increment of the

reliability of its business, a high level advisory committee shall be
constituted with the participation of ministry of labour, home, finance
and National Planning Commission and foreign employment
entrepreneurs organisations.
3. For the development of foreign employment, if necessary a foreign

employment institution shall be established with the participation of
the private sector also.”451
The Foreign Employment Act of 2007, on the other hand, had been amended in a bid
to regulate and improve foreign employment.452 Features of the law that deal with
migrant worker protection include provisions related to recognising the authority of
the Government to enter into bilateral agreements for the protection of its workers.
Children below 18 years old are prohibited from engaging into foreign employment.
Any acts of gender discrimination are not allowed by institutions providing
employment. Provisions, among others, also include Government regulation and
supervision of recruitment institutions, requirement on training and classification of
workers, and establishment of a foreign employment welfare fund. Penal sanctions
are also provided for any violations of the law.
451
Nepal: National Labour Policy of Nepal Government by Jagannath Adhikari, Chair of Nepal Institute of Development Studies
452
Act No. 26 of the year 2042 or Foreign Employment Act (2007) An Act made to amend and consolidate laws relating foreign
employment. (Based on unofficial English translation)
92
Nepal has one of the broadest domestic workers advocacy support in Asia.
Government agencies, non-government organisations, domestic workers
associations and trade unions have been working for, and achieved certain measures
towards local and migrant domestic workers protection.
5.1.1a Government
The Government has yet to develop and strengthen their policies and laws affecting
child and adult, local and migrant domestic workers as part of the informal economy
that is beyond the coverage of the law. There are not yet any applicable laws to
safeguard the minimum standards for decent work of local domestic workers.
However, child labour laws, policy and programmes geared towards elimination of
the worst forms of child exploitation cover aspects of child domestic work. The
National Child Labour Study identifies child domestic work as one of the worst forms
of child labour453 and the Government takes on its policies and programmes to
combat the worst forms of child labour.
US Department of Labour (US DOL) reports that the MoLTM's national Master Plan
on Child Labour of 2004-2014 seeks the elimination of the worst forms of child
labour by 2009 and all forms of child labour by 2014.454 The National Planning
Commission of Nepal also implements the Master Plan as part of its commitment it
made in its interim plan from 2007/2008 through 2010/2011. Furthermore US DOL
reports the continuing action of the Government to rescue and rehabilitate freed
bonded labourers from the Kamaiya system. However, land distribution to former
Kamaiyas has not satisfied the level of their economic needs. US DOL continues to
provide funding to assist these children and their families. ILO-IPEC has also
implemented projects aimed at rescuing 3,000 children and preventing 6,600
children from exploitive labour.
The Government’s National Plan of Action to Combat Trafficking also covers child
domestic workers. The Government works in partnership with non-government
organisations and international organisations to combat trafficking. They undertake
453
United States Department of Labour, 2007 Findings on the Worst Forms of Child Labour - Nepal, 27 August 2008. Online.
UNHCR Refworld, available at: http://www.unhcr.org/refworld/docid/48caa483c.html
454
Id
93
awareness raising, education campaign and develop rehabilitation programmes and
provide shelter and services to victims.455 The Government also participated in
several USAID-funded programmes aimed at reducing children’s vulnerability to child
labour. 456 Programmes included providing scholarship for girls from disadvantaged
and conflict-affected families; vocational training for youth and displaced and
disadvantaged persons; and an anti-trafficking programme for girls who have been
victims of or at risk of being trafficked. 457
5.1.1b Domestic workers associations, trade unions, NGOs, other groups

The Nepal Independent Domestic Workers’ Trade Union (NIDWU) is the first trade
union of domestic workers in Nepal that gives voice to the trade union rights of
domestic workers. They are recognised by the government and are a registered
union affiliated with General Federation of Nepalese Trade Unions (GEFONT). The
recognition and formalisation of this domestic worker association is significant in the
light of the longstanding efforts to combat slavery practices in domestic work. Some
of the efforts of NIDWU include advocating for workers’ rights protection, and
combating child labour especially at the domestic worker sector where children are
prevalent. NIDWU has in fact submitted its first appeal to the ministry of labour and
transport management and organised some public advocacy campaign in support of
domestic workers rights protection. NIDWU is currently in the process of expanding
its committees and trade union members.458
The General Federation of Nepalese Trade Unions (GEFONT) is a workers

confederation of 26 affiliates that cover both the formal and informal economies.459
As mentioned earlier its affiliates include the Nepal Independent Domestic Workers
Trade Union (NIDWU). Its overall objective is to secure workers' rights and achieve
better living and working conditions. GEFONT was significantly involved in the initial
formation of NIDWU. It previously organised a meeting of domestic workers that
culminated in the formation of NIDWU, its eventual registration by the government
and inclusion as affiliate of GEFONT.460 GEFONT has a general campaign to extend
the social security benefits for informal sectors.461 It is involved in gender equality
advocacy under its special department the Central Women Workers' Department
(CWWD).
GEFONT has also undertaken a number of projects on child domestic labour in

collaboration with international organisations. It is one of the implementing
partners of ILO-IPEC. Under the ILO-IPEC project, GEFONT has mobilised media to
raise public awareness on child labour. Under the SCREAM project of ILO-IPEC,
GEFONT was part of the project steering committee together with other significant
455
Id
456
Id
457
Id
458
See A New Move Into New Nepal, Annual Progress Report 2007 on NIDWU activities
459
General Federation of Nepalese Trade Unions, http://www.gefont.org/gefont_brief.asp. As of December 2007 there were
26 listed affiliates.
460
ICEM Women’s Bulletin 20 March 2007 http://www.icem.org/en/71-Gender-Issues/2164-ICEM-WOMEN%E2%80%99S-
BULLETIN-20
461
See Spotlight interview with Binda Pandey Monday, 16 April 2007, 11:45 am Press Release: International Trade Union
Federation, Scoop World Independent News http://www.scoop.co.nz/stories/WO0704/S00208.htm
94
partner organisations.462 The “SCREAM” (Supporting Children’s Rights through
Education, the Arts and the Media) programme engaged children, education sectors
and civil society movements in efforts to eliminate and prevent child labour463
especially the worst forms. Child domestic labour has been considered as one of the
worst forms of child labour in Nepal464.
Children-Women in Social Service and Human Rights (CWISH) is a non-government

organisation established in 1993 in Kathmandu, Nepal. CWISH aims to protect
human rights and promote social justice especially of women and children through
three major strategic directions-- sustainable livelihood and development of
deprived people, promotion of human rights and social justice and social
mobilisation. Women and children in domestic work has become one of its
organisational thrusts since it started its advocacy work in 1996 to combat practices
on child domestic labour and servitude in domestic work. CWISH is currently
focusing on programmes to end the worst forms of child domestic labour and is
supporting the domestic workers rights movements.
CWISH through its activities have provided educational opportunity for child
domestic workers, considerably reduced incidences of employment of very young
domestic workers and increased the of reporting of violation and abuses against
domestic workers who were also given legal support.465
In its 2007 Annual Progress Report CWISH reported that its recent programmes
related to child domestic worker protection included engaging in organising several
awareness programmes on child labour and other children’s issues with the
involvement of youth volunteers and trained CWISH facilitators for this purpose.
CWISH also collaborated with municipality and local governments to promote
interventions on child labour exploitation. With the help of Anti Slavery
International, CWISH trained Trade Unions, non-government organisations, and
Municipal representative to carry out community based action research on child
domestic workers in their local area. This initiative resulted in the 9 municipalities of
Madhyapur Thimi, Lekhanath, Lalitpur, Nepalganj, Guleria, Bhratpur, Ratnanagr,
Hetauda and Biratnagar carrying out community based surveys and development of
plans of action to address child domestic workers issues at their local levels.
CWISH also provided education programmes on literacy, numeracy and business

skills to 50 urban poor and women domestic workers in order to provide them
alternative ways to increase their financial freedom and for them to become
independent persons.
462
Final Technical Progress Report –SCREAM Programme in Nepal, Cambodia and Indonesia (December 2008) (The date ought
to be December 2007 as opposed to what is stated since researcher obtained the data prior to December 2008),
http://www.12to12.org/UserFiles/user_49/SCREAM%20in%20Asia_08.pdf
463
Id
464
2001 Findings on the Worst Forms of Child Labour – Nepal Government Policies and Programmes to Eliminate the Worst
Forms of Child Labour http://www.unhcr.org/refworld/country,,USDOL,,NPL,4562d8cf2,48c8c9e0c,0.html
465
Children-Women In Social Service & Human Rights (CWISH) http://www.cwa.tnet.co.th/Network/cwa-network_nepal.html
95
5.2 International domestic workers and Government interventions
The Chairperson of the Nepal Institute of Development Studies reported some of the
Government endeavours to protect its migrant workers:466
1. Sticker Stamping Provision in the passport of Migrant Workers

This process commenced in 2004. The Government requires the
completed papers of migrant workers to be verified by the Department
of Foreign Employment by stamping them. This precedes the visa
application and issuance. The purpose is to prevent recruitment
agencies from illegally changing the names in the list of the migrant
workers who have been granted the visa especially when issued in
bulk.
2. Pre-departure orientation session

This requirement was made compulsory by the Government since
2005 for recruiting agencies processing migrant workers. In
Kathmandu there are 45 pre-departure orientation institutions.
3. Scheme for loan facility

The Government supports a loan system for the benefit of Dalits
(artisan or low caste), Janajati (ethnic community people) and those
affected by the conflict situation who are outgoing migrant workers.
The Department of Foreign Employment Promotion deposited money
to the Bank of Kathmandu that serves as insurance for banks providing
loans for qualified outgoing migrant workers.
4. Reservations in foreign employment quotas

The Government requires recruiting agencies to allocate 10% of the
positions to be available to women, dalits, and janajatis and those
affected by the political conflict.
5. Web launch
The Government launched an interactive website in 2004 for the Gulf
countries.467
6. Bilateral Agreements
The Government of Nepal has taken initiatives for bilateral talks for a
labour agreement with the Malaysian Government468 and Gulf States.
In the bilateral talks with Gulf States the Government of Nepal sought
to increase the job placement for Nepalis, ensure their security, and
improve their conditions of employment. Furthermore, the
466
Nepal: National Labour Policy of Nepal Government by Jagannath Adhikari, Chair of Nepal Institute of Development Studies
467
Website address is www.rnekwww.rneksa.org
468
Research has not verified if any bilateral agreement was finalised
96
government is trying to regulate the procedure of recruitment. 469
7. Provision of Labour attaché

The Government provides labour attaché to a country with more than
5,000 Nepali migrant workers. Two labour attachés are presently
employed for this purpose.470
8. Lottery system qualified migrant workers to be charged a minimum

amount in legal processing
This system selects qualified migrant workers for employment based
on lottery. This was introduced by the Government to prevent
recruitment agencies from taking advantage of high competition and
charging applicants with high rates and pushing them to resort into
bribery. Successful candidates in the lottery will only pay the minimum
amount required.
9. New Data-Base System

The Government has introduced a database system that does not
only maintain records of work permits of migrant workers. The new
data system also has database on gender and institutions involved in
recruitment and individuals who arrange their own work permit. The
Government also plans to include biographical data of migrant workers
so that better analysis may be obtained from the data collected.
The Government also requires recruiters from the Gulf States or Asian countries to
be registered and be officially and physically based in Kathmandu or its vicinities.471
Moreover, MoLTM is currently working with the International Organisation for
Migration (IOM) to increase the capacity of the Ministry to effectively regulate the
migration process in the country and prevent trafficking, human smuggling and to be
able to assist victims.472
In 2003, the Government previously imposed a restrictive migration law banning

women to work as domestics in the Gulf countries but this had only increased the
wide practice of women migrating through informal channels and making them
more vulnerable to trafficking. 473 In 2006 the government lifted the ban against
women but imposed the requirement of guardian approval e.g. husband or father
who must approve on paper that the woman migrant can travel overseas for work.
474
469
Policing the New Nepali Economy http://www.nepalmonitor.com/2006/10/policing_the_new_nepali_econom.html
470
Note that research has not been able to verify if the number of labour attaches has increased
471
Policing the New Nepali Economy http://www.nepalmonitor.com/2006/10/policing_the_new_nepali_econom.html
472
International Organisation for Migration, Nepal facts and figure, http://www.iom.int/jahia/Jahia/pid/494
473
Star Weekend Magazine, Friendlier Policies for Women Migrant Workers by Shahnaz by Parveen, Volume 6 Issue 28, July 20,
2007 http://www.thedailystar.net/magazine/2007/07/03/labour.htm
474
Id
97
6 CONCLUSION
The household economy of Nepal almost completely depends on its domestic
workers. Most of them are women and majority are girl-children. They are typically
from impoverished areas who are pushed to migrate to urban cities and richer areas
to seek employment. Parents, relatives and friends and recruiters using the informal
channels facilitate local migration. The domestic work in which they engage is
considered as a lowly job. Domestic work is historically performed in the context of
slavery and bonded labour. Domestic workers are considered as informal workers,
hidden from government oversight and excluded by labour laws. These factors have
greatly increased their vulnerability to the violation of minimum standards of decent
work and other human rights abuses that are usually prevalent in such a hidden
sector.
Nepali migrant domestic workers fare no better than their local counterparts in
terms of protection and recognition. The lack of employment opportunities in the
country and the increasing migration for work by its citizen has transformed Nepal
from an agricultural to remittance based country. A significant number of those who
migrate are women who engaged in domestic work in other countries. The
Government has exerted efforts to improve foreign employment and protection of
migrant workers. Nevertheless, coherent labour export policies for their protection
need to be greatly strengthened. Government policies and mechanisms have yet to
legally include migrant domestic workers protection. For instance the Government
currently needs to strengthen its mechanism to monitor labour recruiting agencies
and ensure that migrant workers attend the pre-departure orientation, as well as
certify if labour contracts are being honoured once the domestic worker arrives in
the country of destination. 475
475
US Department of State, Nepal Country Reports on Human Rights Practices 2007
98
PHILIPPINES
99
ACRONYMS
ADWA Asian Migrant Domestic Workers Alliance

BLE Bureau of Local Employment
BWYW Bureau of Women and Young Workers
DAW Division for the Advancement of Women
DOLE Department of Labour and Employment
DSWD Department of Social Worker Development
ECOP Employer’s Confederation of the Philippines
FFW Federation of Free Workers
LFS Labour Force Survey
LGU Local Government Units
MFMW Mission for Migrant Workers – Hong Kong
NCR National Capital Region
NLRC National Labour Relations Commission
OFW Overseas Filipino Workers
OWWA Overseas Workers Welfare Administration
PDO Pre-Departure Orientation
PhilHealth National Health Insurance System
POEA Philippine Overseas Employment Administration
POLO Philippine Overseas Labour Office
SSS Social Security System
SUMAPI Samahan at Ugnayan ng mga Manggagawang Pantahanan sa
Pilipinas
TESDA Technical Education and Skills Development Authority
TUCP Trade Union Congress of the Philippines
VF Visayan Forum
100
1 INTRODUCTION
Domestic workers form an integral part of many Filipino households. The practice
of hiring these workers traces its historical roots in the pre-colonial times of hiring an
‘alipin’ who possess the lowest class status in the Philippines pre-colonial caste
system. Many of these alipins did not enjoy any rights or freedoms and are
household dependents of their masters whom they serve.
Within the context of this caste system, the Spanish colonial period established
certain traditions of women subordination including consigning women to take on
unpaid household work, while men participated in paid economic activities. These
combined tradition persisted to this day in domestic work.
As a result, traditional perception devalued domestic work and treated it as one of

the lowest kinds of work. The perception extended to the workers themselves who
are usually hired from the poorest class of society and are mostly women and young
girls. Moreover, hiring of a poor relative, a non-stranger to do household service is a
normal expectation for richer household. The dynamics of relationship is more
paternal than professional on the employer’s part because it is a way to help the
poor relative. On the other hand domestic workers see the move as a means to
elevate their economic situation and are usually encouraged by their families and
communities. Domestic workers mostly come from rural areas and migrate to richer
cities to live with their patrons.
Filipinos have been migrating abroad for the last sixty years but the rate of labour
migration has drastically increased in the last twenty years. Migration for domestic
labour has become a main feature of overseas employment. The lure of earning
higher incomes to alleviate a steadily deteriorating economic situation in the country
has encouraged many to take on domestic work in other countries. The Government
recognised the migrant domestic workers valuable contribution in the economy and
continues to strongly support their deployment. Migrant Filipino workers are hailed
as the ‘bagong bayani’ (new heroes) of the country because of the substantial
monetary remittances they contribute to the Philippine economy.
Nevertheless, migrant domestic workers remain extremely vulnerable to many kinds

of human rights abuse including trafficking, sexual exploitation and violation of
decent working standards.
101
2 PROFILE OF DOMESTIC WORKER
Statistics on domestic workers in the Philippines vary in number. Nevertheless, these

varying estimates still show that the domestic worker’s population has always been
substantial.
According to the October 2006 Labour Force Survey (LFS) of the Philippines National
Statistics, there are around 624,000 domestic workers in private households. The
survey did not include ‘live-out’ domestic workers, or those who do not live in the
employer’s house and are therefore not considered ‘household members’. 476 Nine
out of 10 domestic workers are female, estimated at around 579,000 against their
male counterpartsat 45,000. The average age of male domestic workers is 25 years
old, whereas female domestic workers have an average age of 27 years. However,
LFS also found that domestic workers tend to start at a very young age. More than
60 percent (or 363,000) belong to the 15-24 year age group. Moreover, around
23,000 domestic workers are within the age range of 10-17 years; this means that
one out of five domestic workers in the Philippines is a child. Majority of domestic
workers did not reach the college or tertiary level education. Only 42 percent
completed the secondary level while 22 percent have reached but not completed the
secondary level.
Visayan Forum (VF), however thinks that these numbers only represent the reported
cases. The nature of work of domestic workers often place them within the private
confines of their employers’ homes, hidden and invisible from the public so that
their real number may be hard to determine.
VF estimated around 2.5 million domestic workers within the Philippines. According
to the VF, there are over a million Philippines households that belong to the category
of highest income earners. These are the ones that would usually hire a minimum of
2 domestic workers per household. Each household generally hires 2 to 6 domestic
helpers who are assigned specialised household tasks, which include house-cleaning,
cooking, and child care, as well as work done outside the house, like gardening and
landscaping. Likewise VF reported that at least a million domestic workers are
children, 90 percent of whom are young girls.477 As for live-in and live-out domestic
workers, the 2007 VF survey in selected regions showed that 76 percent of the
respondents were on live-in arrangements while 24 percent were on live-out
476
The LFS survey defined ‘household members’ as ‘an aggregate of persons generally but not necessarily bound by ties of
kinship, who sleep in the same dwelling unit and have common arrangements for the preparation and consumption of food’
477
Cecilia Flores-Oebanda, Addressing vulnerability and exploitation of child domestic workers: An open challenge to end a
hidden shame, Prepared for the United Nations Division for the Advancement of Women (DAW) Innocenti Research Centre
Florence, Italy, EGM/DVGC/2006/EP.10, 25-28 September 2006 www.un.org/womenwatch/daw/egm/elim-disc-viol-
girlchild/ExpertPapers/EP.10%20%20Flores%20Oebanda.pdf [Hereinafter Flores-Oebanda]
102
arrangements.478
Table 1 Estimates of the number of domestic workers in the country

VF In % LFS** In %
Domestic workers 2.5M 100% 624,000 100%
Women -o- -o- 579,000 93%
Men -o- -o- 45,000 7%
Children and young adults
17 and below 2.25M 90%
Age range of 15-24 yrs* -o- -o- 363,000 60%
Age range of 10-17 yrs* -o- -o- 23,000 4%
*Based on Labour Force Survey entry on Domestic Workers (DW) survey
** LFS did not include live-out DW or non-household members
A common and distinct characteristic of many adults and child domestic workers is
that they are usually migrants from rural or poorer areas, who go to other cities and
provinces to work. In the 1988 study by Bureau of Women and Young Workers, the
National Capital Region (NCR) was the top destination of domestic workers migration
at 42 percent.479 The 2006 Labour Force Survey showed that more than 1/3rd or
218,000 domestic workers are based in the NCR, while others are spread throughout
the country.480 The LFS survey did not indicate data on migration flow of domestic
workers. However, a study on child domestic workers has shown that poorer regions
in the islands of Visayas and Mindanao have always been the traditional sources of
child domestic workers from large farming and fishing families who end up in the
NCR or Manila capital.481 The other regions of the country may also be senders and
receivers of child domestic workers, all at the same time, as the major cities within
these regions also generate local demand and supply for domestic workers. 482 For
instance, the provincial cities of Batangas (northern region), Bacolod (central region),
and Davao (southern region) have significant numbers of child domestic workers
who migrated due to possibility of continuing their education while working, as this
option is not available in the rural areas where they live. 483 Anecdotal evidence had
likewise showed that the youngest domestic workers are found in provincial areas,
which served as their training ground to find work later on in other cities or in NCR or
Manila capital. 484
478
2007 Visayan Forum (VF) Survey of Filipino Domestic Workers in Seven Selected Regions of the Philippines
479
Nicole Sayres, An Analysis of the Situatio of Filipino Domestic Workers, International Labour Organisation 2005[Hereinafter,
Sayres ILO]
480
In the 13 regions of the Philippines DOLE Labstat stated, “More than one third (35.0% or 218,000) of these (domestic)
workers were found in the National Capital Region (NCR). Lesser proportions were noted in Region IVA-CALABARZON (12.1% or
76,000), Region VII-Central Vsisayas (9.8% or 61,000) and Region VI-Western Visayas (7.3% or 45,000). The rest of the
household helpers were spread throughout the remaining 13 regions of the country (35.8% or 224,000).”
481
Jonathan Blagbrough, Good practice and methodological guidelines for action to combat child domestic work - The Visayan
Forum Foundation Philippines experience, February 2002 [Hereinafter Blagbrough]
482
Blagbrough supra note 6
483
484
Sayres ILO supra note 4
103
The pattern of ‘step migration’485 has become noticeably pronounced especially for
child domestic workers, as the pattern of leaving home to work is a common and
culturally accepted practice in the country. Children as young as 8 years old may be
found in some regions, indirectly working as domestics while accompanying their
parents or relatives to work. Friends who have started working in other cities as
domestics, and relatives with established contacts are usually the ones who facilitate
the child’s migration to work as domestic in the cities through informal process of
recruitment. Because the children’s families generally perceive domestic work as a
‘safe’ occupation, parents are likely to support their children to migrate for work in
the cities.
The International Labour Organisation (ILO) study citing the main reasons of
domestic workers for moving in Metro Manila showed some similarities to the VF
survey for seeking domestic work.486 These reasons were to earn a living, better pay,
to help their parents, a chance to see Manila, to escape the hard life in the province
and cruelty in their homes, and lack of employment opportunities in the provinces.
The ILO study also indicated that there were domestic workers who perceive
domestic workers in Manila as better off because they earn higher and are expected
to perform clear-cut and distinct household work, instead of all around tasks, which
are too many and heavy for some.
On the other hand, the demand for domestic workers from the provincial and rural
areas to work in the urban cities, including Metro Manila, may be attributed to the
following main reasons, based on anecdotal evidence.487 These are: (1) workers in
urban areas are less inclined to get themselves in domestic worker employment
because of opportunities to work in factories or industrial jobs; (2) women in urban
areas have greater opportunities to participate in the workforce, thus domestic
workers ‘replace’ them to do the household duties; and (3) urban domestic workers
migrated to other countries, leaving a gap in the local supply of domestic workers. 488
The demand for child domestic workers is often higher than adult domestics, due to
the perception that children are more submissive and less likely to disobey their
employers. There is also an economic implication because employers tend to think
that hiring child domestic workers are cheaper since they are paid less as they are
inexperienced and are still being trained. Moreover, lesser expenses are incurred for
their board and lodging as they occupy smaller space in the house and they eat less.
Poverty is the major reason that drives adults and children to engage in domestic
work. In the 2007 VF survey, respondents ranked the reasons for engaging in
domestic work. Earning money for education is the top most reason (31%). Twenty
four percent (24%) indicated other reasons as follows: they want to see Manila, they
485
See Blagbrough supra note 5
486
487
488
104
tagged along with friends, they want to buy clothes, or a recruiter came to their
place, all push factors to domestic work. Fourteen percent (14%) took up domestic
work because they want to stand on their own feet, while 13 percent wanted to help
their parents pay the family debt. Non-availability of jobs in the province was also
cited as a reason by 9 percent of the respondents while 6 percent sought domestic
work because their parents wanted them to do so. Three percent (3%) wanted to
escape family problems.
Domestic workers make up a considerable portion of Filipinos employed abroad.

According to the Philippine Overseas Employment Agency (POEA) 98 percent of
women account for total domestic labour outflow from years 2000-2007. Table 1
shows the number of deployment of domestic workers from 2000 to 2007.
From 2000 to 2007 a total of more than half-a-million or 534,164 Filipino overseas
domestic workers have been deployed. Of the total number deployed, 98 percent
comprise women domestic workers. Likewise, Table 1 revealed that the yearly
average of women deployed to work abroad is 98 percent.
Table 2 – Deployment of domestic helpers and related household workers and sex
Not stated Total in % females
Year Female Male
(Sex/gender) Number to total
2007 44,919 2,959 47,878 94%
2006 89,819 1,572 21 91,412 98%
2005 81,725 726 16 82,467 99%
2004 61,873 931 14 62,818 98%
2003 45,858 647 2 46,507 97%
2002 62,548 886 63,434 99%
2001 70,052 1,319 7 71,378 98%
2000 66,890 1,367 13 68,270 98%
Total 523,684 10,407 73 534,164 98%
Source: Philippine Overseas Employment Agency (POEA)
In terms of the number of deployment to the 10 selected regions of destination, the

Table 2 shows that an aggregate of 490,516 domestic and related workers have been
deployed from 2000 to 2007
For the year 2007 alone POEA statistics revealed there are 47,878 domestic and
related workers comprising 15 percent of the 313, 260 newly hired workers for
2007.489 Table 2 shows domestic workers and related household workers as number
one in the top ten skills by sex of new hires. Women made up 94% or 44,919 of the
newly hired overseas domestic and other household workers.
489
According to POEA statistics there were 313,260 newly hired land based overseas workers in 2007
105
Table 3-Deployed Overseas Filipino Workers (OFWs) -New hires, 2007 Top Ten Skills by Sex
Male Female Total % Share to
Total
Domestic Helpers and Related Household Workers 2,959 44,919 47,878 15.6%
Production and Related Workers (NEC) 15,277 10,640 25,917 8.5%
Caregivers and caretakers 1,070 13,329 14,399 4.7%
Service workers 5,026 5,294 10,320 3.4%
Waiters, Bartenders and Related Workers 3,677 5,599 9,276 3.0%
lumbers and Pipe Fitters 9,168 19 9,187 3.0%
Nurse Professionals 1,137 8,041 9,178 3.0%
labourers/ Helpers General 6,145 1,172 7,317 2.4%
Wiremen Electrical 6,942 38 6,980 2.3%
Charworkers Cleaners and Related Workers 927 5,373 6,300 2.1%
Total Deployment – New Hires 160,046 146,337 306,383 100.0%
Source: 2007 Overseas Employment Statistics Philippine Overseas Employment Administration
On the other hand, Table 3 shows that Hong Kong remains the top country for
deployment of Filipino domestic and related workers, with a growth rate of 13
percent from 2000 to 2007. Almost half of the newly hired domestic and household
workers or 47 percent were deployed in Hong Kong in 2007. From 2000 to 2006,
Kuwait and Saudi Arabia had been alternately taking the second place behind the top
country in number of deployments. However, in 2007 deployment to Italy became
the second highest with a growth rate of 764 percent. It is also noticeable that the
number of deployment of domestic and related workers for 2007 was the second
lowest.
Table 4-Deployment of DW by selected destinations. -New hires for the periods indicated
2000 2001 2002 2003 2004 2005 2006 2007 Growth
Rate
Hong Kong 27,713 27,513 22,870 13,874 16,424 17,514 19,532 22,127 13.3%
Italy 1,740 502 77 95 285 68 573 4,951 764.0%
Kuwait 9,225 10,212 12,835 11,070 17,018 19,707 19,097 4,806 -74.8%
United Arab 5,422 5,228 4,950 4,314 5,816 9,113 11,844 3,149 -73.4%
Emirates
Saudi Arabia 10,660 10,902 11,934 8,652 7,699 9,227 11,898 2,581 -78.3%
Qatar 1,329 1,585 1,899 1,736 2,436 4,998 6,524 1,912 -70.7%
Cyprus 922 1,034 1,204 598 1,108 982 1,178 1,763 49.7%
Singapore 1,518 1,356 1,428 974 1,305 2,429 3,162 1,568 -50.4%
Spain 955 619 601 319 527 123 616 1,542 150.3%
Jordan 36 23 11 9 10 2,748 4,359 1,285 -70.5%
Other 8,750 12,404 5,625 4,309 10,190 15,558 12,629 2,193 -82.6%
Destinations
Total 68,270 71,378 63,434 45,950 62,818 82,467 91,412 47.877 -47.6%
Source: 2007 Overseas Employment Statistics Philippine Overseas Employment Administration
DW Domestic workers
As in the case of domestic workers within the Philippines, the number of those
working abroad may also be underestimated because POEA statistics is based on
those deployed through formal channels of recruitment and placement. Those
domestic workers who went through informal channels, either as tourists or without
106
the proper working visas or through the use of false documents, remained
unaccounted for and may possibly be substantial in numbers, considering that illegal
recruitment and trafficking for domestic work is prevalent in the country.
Factors that have driven domestic workers to work abroad include the higher
salaries earned, enhanced social status as overseas Filipino workers, and specifically
for female domestic workers, possessing a greater degree of independence. 490 As to
the feminisation of overseas domestic labour, the increase of women domestic
workers may be attributed to the increase in women’s participation in the labour
force in a more prosperous Asia491 and in other rich countries. Thus, domestic
workers are ‘replacing’ them in doing the home duties that were traditionally
assigned to women in the Asian households.
490
491
107
WORKERS
Philippine labour law covers domestic workers in its provisions, but provided limited
protection compared to the other categories of workers. The conditions of work are
characterised by high vulnerability to abuses of labour standards and other human
rights abuses, which is a defining feature of informality.
Despite their recognition under the law, no standard of terms exist as a basis for
determining the specific tasks, duties and conditions of work of domestic workers.
Arranged on an individual basis, it is usual for the employer to dictate the terms of
the work, including the amount of payment. The socioeconomic class and number of
a household influence greatly the tasks performed by domestic workers. Domestic
workers in wealthier households generally have more clearly defined roles and
lighter tasks compared to domestic workers in middle-class and rural household
where they perform multiple tasks.492 They may be typically categorised according
the tasks performed as follows493:
 “Maid: cleans the residence, does laundry including ironing, serves the
members of the household;
 Cook: does the grocery shopping and prepares the meals in the household;
 All-rounder: performs a combination of the above, including cleaning, laundry,
grocery, shopping, cooking, and some childcare;
 Driver:494 drives the members of the household and maintains the household
vehicles”;
 Laundry women or ‘lavandera’: does the laundry and ironing for the household
members.
The labour law has set a minimum standard of wages for domestic workers in 1992
492
493
494
Note that drivers may also be divided into two categories: those hired as full-time drivers and “houseboys” or male domestic
workers who do all-around jobs usually outside the household premises e.g. gardening and cleaning the outside premises of
the house, and sometimes are also the designated drivers in the family. Full-time drivers usually receive higher wages. In
Metro Manila anecdotal evidence showed that full-time drivers generally earn Php 6,000 to 10,000/month
108
but due to inflationary costs these have become obsolete.
Employers do not have a uniform benchmark to compare and determine wage

demands because domestic workers rely on an uneven and unregulated salary scale.
No comprehensive study or survey on domestic workers has been conducted in the
Philippines, but anecdotal evidence showed that most adult domestic workers earn
higher than the current minimum wage standards for domestic workers established
by law.495
However, in terms of location, domestic workers in the Metro Manila area earn
more than their counterparts in the provincial cities and rural areas. Likewise,
domestic workers in higher income level employers generally receive higher wages.
In terms of their tasks they may receive higher salaries, depending on which category
they belong. Live-in helpers, yayas and cooks usually receive higher salaries than
other categories of domestic workers and laundrywomen. Domestic workers
recruited through informal channels are mostly likely to receive lower income than
those recruited from legitimate private agencies. Live-out domestic workers usually
earn higher salary than those in live-in arrangements as a compensation for their
lodging costs that are given free for live-in domestic workers. Because of the
Philippine cultural tradition of caring for less fortunate relatives, it is also a common
practice, especially in rural areas, to take in poorer relatives to live in the richer
relatives’ household. 496 The poorer relatives taken in are expected to domestic work
without any salary, but will work in exchange for their schooling. This is especially
true of children who are “informally adopted” by the family and would receive a
daily allowance amounting to Pp 10.00 to 40 per day (less than 1 USD). 497 Aside
from their wages, domestic helpers usually receive free board and lodging for live-in
workers, toiletries and personal products, school supplies, rice and water. 498
In 2007, VF conducted a survey in seven selected regions of the country. Table 4

shows that 77 percent of the respondents received amount of wages higher than
Php 800. However, there are still those who received amounts below Php 800,
which is lower than the minimum standards if the domestic worker is located in
National Capital Region.
495
496
See Sayres ILO supra note 4
497
Clarifying the Batas Kasambahay, Q&A on the Bill on Domestic Workers in the Philippines, Visayan Forum Foundation
Incorporated 2007
498
See Sayres ILO supra note 4
109
Table 5- VF Survey of Average Salary of Domestic Workers
2007 Survey of Filipino Domestic Workers

in Seven Selected Regions*
Average Salary %
Below Labour Code mandated level of Php 800 17.4%
Within existing free-market level of P 1,000- 1,500 57%
Within proposed Batas Kasambahay** range of P 1,500-2,500 19.2%
Above proposed Batas Kasambahay** range of P 2,500 6.4%
*NCR (Manila, Makati, Quezon City, Pandacan), Region IV-A (Batangas), Region V (Bicol, Matnog),
Region VI (Bacolod, Iloilo), Region VII (Cebu/Dumaguete), Region VIII (Leyte), Region XI (Davao
City), 925 respondents
** Batas Kasambahay is a the Comprehensive Domestic Workers’ Bill Visayan Forumand Partners
Source: Visayan Forum
3.1.1 Recruitment
Domestic workers engage in their employment through informal or formal process of

recruitment. Domestic workers primarily utilise the informal recruitment.499
It is a common and culturally accepted phenomenon in the country to move away

from home to work.500 This is especially true for domestic workers wherein migration
to richer cities is a primary defining characteristic of the process of their
employment. In informal recruitment, friends and relatives who are already into
domestic work play a crucial influence in attracting others to the work. For child
domestic workers for instance, friends and siblings who have been working as
domestics away from home are usually the ones who help the child find her first job
in the city.501 Finding a job through this informal recruitment process makes it easier
for the child than with other types of work like factory employment. 502 Illegal and
unlicensed local recruiters would often facilitate relatives and friends during
recruitment process.503 The lack of regulation of the informal channels exposes
domestic workers to many forms of abuse in the process. As pointed out by DOLE,
these local recruiters are the ones who would usually victimise, especially, children
from the provinces when recruiting them to domestic work in Manila.504 Recruitment
is done in exchange of a considerable amount of money equivalent to several
months of salaries from the domestic worker.505 Thus,
499
Mobilising Action for the Protection of Domestic Workers from Forced Labour and Trafficking in South-East Asia: The
Philippine Component A Project Brief http://www.ilo.org/public/english/region/asro/manila/downloads/domwork.pdf
500
501
502
503
504
DOLE to intensify drive against abuse of DHs or "Kasambahay"  27 September 2005
http://www.dole.gov.ph/news/details.asp?id=N000001278
505
Id
110
Recruiters charge placement, transportation, handling, accommodation
and other fees against the future income of domestic labourers. There are
neither contracts nor interviews, and the girls must fend for themselves
once delivered to employers. To entice parents to allow their children to
work, recruiters pay cash advances. As a result of these exchanges,
children find themselves in a situation of bonded labour where they are
forced to endure exploitative work conditions because of the debts
incurred by the parents.506
VF survey also revealed that 13 percent of the domestic workers are not aware
whether their recruiters are licensed. Eighty seven percent never bothered to do
background check on their recruiters, thus, increasing their risks of ending up being
trafficked or exploited.
The working conditions of domestic workers are far from ideal. Although no
comprehensive study exists as regards their real situation, there had been evidence
of widespread violation of labour standards and decent working conditions.507 The
most common types of violations may be summarised as follows: 508
Violation of the terms of contract/agreement: The law honours contracts

whether they are in verbal or written form. The labour law did not specify the
requirement of a written contract for domestic workers and employers. Few
domestic workers execute written contracts with their employers. Mostly the terms
are agreed verbally. However, the negotiating plane between a prospective
employer and a domestic worker often does not operate on equal grounds, as
domestic workers often feel they had to accept the terms if they want to be
employed. Without any written evidence for domestic workers to hold on to, there
are incidents of some employers reneging on their commitments, including not
giving the right amount of salary and making the domestic worker do more duties
compared to what was agreed upon without increasing the wage. The practice of
verbal agreements and accepting almost everything that the employers proposed
seemed to be prevalent. In the 2007 VF survey, 74% of the respondents work
without any forms of contract while 9 out of 10 agreed on what the employers told
them.
Long hours of work, no overtime pay, inadequate rest and no day off: Live-in
domestic workers are particularly vulnerable to long hours of work without sufficient
hours rest, day offs or proper compensation. This practice is reinforced by their
living arrangement under one roof with their employer that exposes them to being
506
Flores-Oebanda supra note 2
507
508
The list is based from Sayres ILO supra note 4 with additional updates based from the 2007 VF Survey
111
on call anytime of the day or night. Some child domestic workers for instance work
an average of 15 hours a day and are literally on call 24 hours, with very low pay and
are allowed only a day off once a month or none at all.509 Enjoyment of day offs also
depends on the arrangement with the employers. In the 2007 VF survey, only 3 out
of 10 respondents were granted regular days off while only one in ten is allowed a
“longer” vacation in the home province.
Assignment of non-household duties: There are incidences of domestic workers

working in small enterprises of their employers without additional salary. This is
despite the restriction of the labour laws and enunciated in Apex vs. NLRC where the
Philippines Supreme Court held that it is illegal to require domestic workers to
perform tasks outside the household without proper compensation. In the 2007 VF
survey 20% of the respondents provide massage services to their employers as part
of their usual chores.
Non-payment, very low payment or late payment of wages: There are incidences
where domestic workers do not receive payment for their services, are paid on
irregular basis or are paid too low in proportion to the tasks assigned to them.
Child domestic workers are the ones who usually do not receive salaries for their
services. Some receive only daily allowances in exchange for their schoolings. This is
especially true for relatives who do not see them as workers but someone to whom
they have extended help because s/he is the poorer relative. Although there is
nothing wrong with making children do some household chores to help out and as
part of their discipline, there are instances when too much is expected of them so
that they are actually taking on work that is not merely inappropriate for their age
but would have been paid for by the employee had they not been there.
A very low wage also characterises the domestic worker’s income. In the 2007 VF
survey, 17 percent of the respondents admitted to being paid below Php 800, which
is actually the required minimum wage for Metro Manila and chartered cities. More
than half or 57 percent received Php 1,000 to 1,500 while 19 percent received the
range proposed by VF and partners, which is Php 1,500 to 2,500. The VF and
partners proposed rate is based on the present value of the minimum wage
established more than 15 years ago, added with the inflation rate and increase in
cost of living.
Table 6- Wages received by domestic workers VF 2007 Survey

Amount of wage received in a month No. of those who received in %
Php 800 17 %
Php 1000 to 1,500 57 %
Php 1,500 to 2,500 19 %
509
112
Irregular payment of wages is also one violation that domestic workers experience.
In the 2007 VF survey, almost half of the respondents or 45% do not receive their
wages regularly.
No social security or health benefits: Domestic workers are not registered under
the Social Security System (SSS) or National Health Insurance System (Philhealth).
Despite social security law requirement of compulsory coverage for domestic
workers earning at least Php 1000.00, many employers still fail to make
contributions. On the other hand, no law requires domestic workers to be
compulsorily covered in any medical insurance and rarely do domestic workers or
their employers register them in Philhealth. Some of the reasons listed for lack of
complaints to domestic workers’ non-registration to SSS and Philhealth are “(1.) lack
of awareness regarding the services and benefits of the programmes, (2.) lack of
awareness regarding their rights, and (3.) reluctance to contribute to the
systems.”510
Domestic workers often suffer harsh abuses within the context of their work.
Common types of abuses would include verbal, physical and sexual abuse, exposure
to harmful working conditions, lack of educational opportunities and self-
improvement, trafficking and debt bondage.511
Verbal, physical and sexual abuse: Eighty five percent of domestic workers face
some form of abuse or are in an abusive working conditions perpetrated by mostly
their female employees (55%).512 The most common types of these forms of abuse
are verbal, physical and sexual abuse.513 While domestic workers see verbal and
physical abuse as part of occupational hazards, they see sexual abuse as grounds
necessitating action against the perpetrator. 514
In the 2007 VF survey, 51 percent of the respondents revealed that verbal abuse
such as cursing and bad mouthing is a form of their usual punishment. Verbal abuse
was also the common complaint of domestic workers who participated in the focus
group discussion conducted by ILO in its study on the situational analysis of domestic
workers.515
The 2007 VF survey also revealed that 21 percent of the respondents have suffered
some form of physical abuse as part of their usual punishment. These physical
‘punishments’ include: pinching (6.1%), slapping the face (5.3%), pulling hair (4%),
caning (2.6%), kicking (1%), detention (1%), denying of food (1%). The ILO study on
510
511
See Sayres ILO supra note 4 and Clarifying the Batas Kasambahay VF
512
Sayres ILO supra note 4 citing Gopalen
513
Sayres ILO supra note 4 citing Pacis
514
Sayres ILO supra note 4 citing Gopalen
515
113
situational analysis of domestic workers in the Philippines516 also found in the focus
group discussion conducted with domestic workers, that it is the other members of
the family and not necessarily the primary employer who perpetuate the abuse. For
instance, yayas complained that the household children verbally and physically
abuse them. 517
Domestic workers also face greater vulnerability to sexual abuse by members of the
household especially child domestic workers. In the 1990’s the Department of Social
Worker Development (DSWD) in Cebu City revealed that 80% of reported victims of
sexual abuse were child domestic workers.518 In the same focus group discussion by
ILO perpetrators include the brother, father or uncle of the employer. 519 There is
growing evidence linking child domestic labour and sexual exploitation.520 According
to a UNICEF study for instance, around 90 percent of child domestic workers are girls
who are powerless in the household that especially render them vulnerable to sexual
abuse.521 Likewise, available researches and literature have sufficiently established
the vulnerability especially of child domestic workers against physical, sexual and
psychological abuse (including verbal).
Harmful working conditions: Harmful working conditions include, among others,

long hours of work and heavy workload without sufficient time to rest. Child
domestic workers for instance are especially vulnerable. They are on call 24 hours of
the day522 and while the tasks assigned to them may not necessarily be dangerous,
the combination of tasks and the long hours of work make the working conditions
hazardous.523 In a recent study conducted by a VF researcher, up to a third of child
domestic workers were found to display serious symptoms of post-traumatic stress
syndrome. 524
Children workers are also expected to use electrical and other unfamiliar equipment,
handle chemicals and other materials considered hazardous to health, with very
little training and protection. 525 They are also expected to perform skilled tasks
including childcare with very minimum training, but are severely punished for their
mistakes. 526 Several studies also show that many child domestic workers do not
have adequate sleeping accommodations.527
Lack of educational opportunities and self-improvement: The desire for quality

education is the primary motivation for many children to work as domestics. 528 In
516
517
518
519
520
521
Innocenti Digest, “Child Domestic Work,” by UNICEF available online at
<http://www.uniceficdc.org/publications/pdf/digest5e.pdf>
522
523
524
525
526
527
528
114
the study conducted by VF as part of the Time-Bound Programme, 20 percent of
child domestic workers listed their reason for going to the city to work is to have
better educational opportunities. 529 In the 2007 VF survey, 31 percent of the
respondents took on domestic work for the purpose of saving money to support
themselves to school. However, household work combined with the present
educational system may actually interfere with the domestic worker’s right of access
to education and other self-improvement programmes and activities. Heavy
workloads that result in chronic absenteeism, inability to pay the costs of education
as well as inflexible curricula that do not cater to the needs of working children (or
even adults) in some educational institutions hold back children (and adult) domestic
workers from having meaningful opportunities for education530 and self-
improvement. In a VF study for the Time-Bound Programme for instance, more than
half of the 1,479 children listed had a history of dropping out of school, while 60
percent had yet to re-enrol. 531
Trafficking and debt bondage: Factors that drive adults and children to domestic
work can also cause victimisation of trafficking and/or debt bondage. Most children
and young women from rural areas who are in search of work in Manila, often
become victims of trafficking and sexual slavery.532
Domestic workers are especially vulnerable to trafficking from the time of

recruitment, in the process of migration and upon arrival to the place of destination.
For those who go through the informal channels of recruitment the risks are higher.
Upon arrival to their destination, the working place may become a potential trap for
bonded labour, especially with live-in domestic workers who may be forced to work
off the payment of unnecessary fees for their recruitment and employment while
restricting communication with friends and families. The US State Department
reported women and children from the poor communities of Visayas (central region)
and Mindanao (southern region) are often trafficked to richer cities as Cebu and
Manila for commercial sexual exploitation, or forced labour in domestic work or in
factory work.533
Migrant domestic workers face many challenges overseas similar to their local
counterparts. The Government has exerted a considerable effort to promote the
rights and protection of migrant domestic workers. But the problems and issues
faced by women domestic workers still show that there is much yet to be done in
order for these workers to meaningfully realise their rights. The following illustrate
529
530
531
532
M.C. Flores-Oebanda et al, The Kasambahay - child domestic work in the Philippines: a living experience, Visayan Forum
Foundation & ILO, 2001.
533
US Department of State – Country Narratives, Trafficking in Persons Report 4 June 2008:
115
these problems and issues from the time they are recruited up to the time they are
employed to work at the country destination.
3.2.1 Recruitment and pre-departure
Women migrant domestic workers still face the traditional problems of illegal
recruitment, of licensed labour recruiters who take up fraudulent offers to lure
applicants to work abroad and exorbitant or illegal placement fees on prospective
employees.534
A 2007 survey Mission for Migrant Workers (MFMW) on Filipino domestic workers in
Hong Kong has shown that the New POEA Guidelines for Household Workers has
‘actually intensified the malpractices of recruitment agents and worsened (their)
financial situation.’535
MFMW found that 76 percent of domestic workers who process through their
recruitment agents pay the highest fees for contract processing-- around three to
four times higher than that prescribed by POEA, and higher than costs incurred by
those who enter through direct hire (19% of the surveyed domestic workers) or
hiring by private individuals (9% of the surveyed). MFMW reported that on top of
the processing fees, those who go through recruitment agents still have to pay high
placement fees (despite Government prohibition on such fees), Government
sponsored fees i.e. clearance from police, local government units and bureau of
investigation; passport fees among others, and Government approved fees
including, training and assessment fees from government agencies, OWWA
(Overseas Workers’ Welfare Administration) membership fees and POEA
administrative fees. These approved fees have been characterised by MMW as
‘dubious’ and ‘controversial’ that ‘have drawn flak from many migrant organisations
and service institutions’ and that ‘they cover up for higher recruitment fees and
higher government taxation to overseas Filipino workers.’536
Among the problems identified by ILO during the recruitment and pre-departure of a
migrant Filipino workers are:537
• High cost of placement fees

• Lack of information on policies of host country
534
See United States Department of State, Trafficking in Persons Report 2008 - Philippines, 4 June 2008, available at:
http://www.unhcr.org/refworld/docid/484f9a36c.html and Rene E. Ofreneo and Isabelo A. Samonte, International Migration
Papers Empowering Filipino Migrant Workers: Policy Issues and Challenges, ILO 2005
www.ilo.org/public/english/protection/migrant/download/imp/imp64.pdf
535
Overcharging by Recruitment Agencies and Burdensome Philippine Government Fees Eat Up Wages and Remittances of
Filipino Migrant Workers, SURVEY REPORT on Recruitment Fees, Wages and Remittances of Filipino Migrant Workers in Hong
Kong - 2007 by The Mission For Migrant Workers – Hong Kong (MFMW, Limited)
www.migrants.net/_resources/files/SURVEY_FINAL_REPORT.pdf
536 Id
537
Rene E. Ofreneo and Isabelo A. Samonte, International Migration Papers Empowering Filipino Migrant Workers: Policy Issues
and Challenges, ILO Geneva 2005 www.ilo.org/public/english/protection/migrant/download/imp/imp64.pdf [Hereinafter
Ofroneo]
116
• Lack of preparation of migrant workers and families
• Illegal recruitment/deployment/departure
• Lack of domestic economic/employment opportunities
• Limited job options
ILO reported that migrant domestic workers in Southeast Asian countries have
reportedly experienced common types of violation.538 These are listed as:
 Contract substitution
 Misrepresentation/ Fake job orders
 Non-payment or underpayment of wages
 Long working hours
 Lack of accommodation
 Insufficient food
In addition, ILO also identified the common government inadequacies to address

these violations:539
• Abusive and exploitative work conditions

• Contract substitution
• Inadequate protective mechanisms
• Inadequate compliance monitoring
• Limited on-site services/assistance to overseas workers
• Ill-attended health needs
In the recent report by Human Rights Watch on migrant domestic workers in Saudi
Arabia it has also reported that the workers experience force labour, trafficking and
being in slavery or slave-like conditions.540
ILO also identified the following vulnerabilities of migrant workers that are also
common to women domestic workers.541
• Rampant trafficking (in) women

• Social and cultural adaptation problems
• Incidence of violence
• Inadequate preparation for interracial marriages
538
539
Ofroneo supra note 64
540
Human Rights Watch, “As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia, July 2008
541
Ofroneo supra note 64
117
• Limited support services/system for women in interracial marriages
• Lack of welfare and other officials to attend to migrant worker needs
• Lack of support or cooperation from government of host country
The Asian Migrant Domestic Workers Alliance (ADWA) cited on-site vulnerabilities
such as the following: 542
 Labour and immigration policy problems;

 Abusive and exploitative practices of recruitment agencies;
 Wage issues and problems;
 Absence of non-standard, unfair or poor provisions, non-enforcement,
violations and other problems in relation to MDW employment contracts;
 Living and working conditions;
 Healthcare and reproductive health;
 Abuses, violence against women, gender-based abuses;
 Cultural, social and religious difficulties;
 Labour rights; MDW capacity to organise, mobilise, unionise; no channels
of consulting or representing MDWs.
542
Asian Domestic Workers Assembly, Domestic Work is Work! Women’s Work is Work! Building an Asian Migrant Domestic
Workers’ Regional Alliance and Strategic Action Agenda, Statement of Unity Adopted at the 1st Asian Domestic Workers
Assembly, 17-18 June 2007, Pasig City, Metro Manila, Philippines
http://www.mfasia.org/mfaResources/ADWA%20Statement%20of%20Unity.pdf
118
DOMESTIC WORKERS
4.1 The Constitution
The 1987 Philippines Constitution affirms labour as a primary social economic force
in the country, affirms as a State policy, to protect the rights of all workers and
promote their welfare.543 The Constitutional clause on labour protection forms part
of the guarantee of social justice and human rights in the fundamental law. In no
uncertain terms, the State committed to “afford full protection to labour, local and
overseas, organised and unorganised, and promote full employment and equality of
employment opportunities for all.”544 The Philippines Constitution is labour-
oriented. It sought to promote the welfare of the society through strengthening its
labour sector, which is perceived to be the greatest in number but also the weakest
in rights and entitlements.
As part of the labour force, domestic workers are covered by the labour protection
clause of the Constitution. Like other workers they are guaranteed the same rights
to self-organisation, security of tenure, humane conditions of work, and a living
wage. They are also guaranteed the right to participate in any policy and decision
making processes that will affect them.545
Domestic workers figure in the national legislation of the country. In terms of their
working conditions, the provisions of the Philippines Labour Code, a social justice
legislation, regulate the standards. As well, the Civil Code of the Philippines also
provide for certain requirements on conditions of work similar to that in the Labour
Code. Domestic workers are considered more than an informal sector due to their
specific recognition as “special type of workers” in the labour law and in the Civil
Code regulations. Yet they do not fully enjoy the same recognition, protection,
security and benefits enjoyed by workers in the formal sector.
4.2.1 Labour law, Civil Code and Decent Work Standards
The rights guaranteed to workers in the Constitution are elaborated in the Philippine
Labour Code,546 which embodies the rights and protections of both employers and
543
1987 Philippine Constitution, Article II Section 18
544
1987 Constitution Article XIII, Sec. 3
545
See 1987 Constitution Article XIII, Sec. 3
546
The Labour Code of the Philippines (Presidential Decree No. 442, as amended)
119
workers in the Philippines. A specific chapter provides for domestic worker
legislation. However not all provisions on workers’ protection apply to domestic
workers. The Labour Code clearly excluded domestic workers from general norms
regulating working conditions, rest periods including leaves and wages. Instead the
Labour Code made specific legislations on the following issues:
 Domestic or household service definition

 Contract of domestic service
 Minimum wage rate and form of payment
 Social Security
 Opportunity for education
 Accommodation (includes board, lodging and medical attendance)
 Serving of termination notice either by employer or domestic workers
 Indemnity in case of unjust termination
 Employment certificate and employment record
The Civil Code of the Philippines is not a labour legislation. But it regulates
contractual obligations and recognises the binding effect of the agreement between
an employer and a domestic worker. Thus, it has a specific chapter on domestic
workers covering similar provisions provided in the Labour Code. More importantly
it legislated on the hours of work and vacation with pay of domestic workers that
was excluded by the Labour Code.
Table 7: Matrix of the Labour Code and the Civil Code provisions on domestic workers
Elements Labour Code Civil Code
Definition of household "Domestic or household service" shall mean 
work/service service in the employer’s home which is usually
necessary or desirable for the maintenance and
enjoyment thereof and includes ministering to
the personal comfort and convenience of the
members of the employer’s household, including
services of family drivers.
Contract  Not specified if written  Not specified if
written
547 st
Minimum wage 800 (NCR), 650 (chartered cities & 1 class No minimum wage
municipalities) 550 (others) but stated there
must be a
‘reasonable
compensation’
Social Security System  (domestic workers earning at least PHP 1000 
or USD 22/month)
No to assignment to non-  
household work unless
with proper
compensation
Opportunity for education  At least primary education  At least primary
547
As amended by RA 7655 An Act Increasing the Minimum Wage of Househelpers, Amending for the Purpose Article 143 of
Presidential Decree no. 442, as amended
120
for minor domestic education
workers
Treatment of domestic
workers in humane & just  
manner
Hours of work Not more than 10
 hrs/day
Vacation leave 4 days/month with
 pay
No to requirement of
specific clothing if the  
unaffordable for domestic
workers
Employer’s duty to
answer funeral expenses  
within his/her means in
case of death of domestic
workers who has no
relative
Free board, lodging &
medical attendance  
Indemnity for unjust
termination of services by  
either party
Service of notice of
termination  
According to
Termination of service According to contract unless with just cause contract unless
with just cause
Employment certification
stating the particulars of  
service rendered upon
termination of service
Employer’s duty to keep
copy of the records of  
domestic workers
employed
Enforcement mechanism Labour Arbiter/ NLRC/Court Labour Arbiter/
NLRC/Court
Definition of domestic or household service

The Labour Code of the Philippines define domestic or household service as ‘service
in the employer’s home which is usually necessary or desirable for the maintenance
and enjoyment thereof and includes ministering to the personal comfort and
convenience of the members of the employer’s household, including services of
family drivers.’548
In line with the definition, the Labour Code prohibits the assignment of domestic
workers to non-household work, specifically, ‘commercial, industrial or agricultural
548
Labour Code of the Philippines, Article 141
121
enterprise’ if the salary given to the domestic workers is lower than that prescribed
for the aforementioned enterprise.549
The Philippine Supreme Court has clarified in Apex vs. NLRC 550 that it is not merely
the nature of the work that will serve as a criteria for defining a household service
but also who the employer is. Hence, the Court ruled that workers who are
providing domestic services in the staff house of a business corporation are not
domestic workers but company employees entitled to privileges of a regular
employee.
The definition of household service has been criticised as too “broad” because
employers can assign unlimited tasks to the domestic workers as long as the task is
for their ‘comfort’ and ‘convenience’. This may lead to many kinds of abuse against
domestic workers. The rules and regulations of the Labour Code (otherwise known
as Omnibus Rules)551 also do not consider as ‘house helpers’ children and relatives of
domestic workers living and sharing accommodations in the employer’s house.552
These children, if not engaged as domestic workers, cannot be required to perform
substantial household work. 553 However, the Omnibus Rules did not set the
parameters for what “substantial” means. As a result, children are not protected
from being exploited to perform unpaid household work in addition to the services
rendered by their parents or relatives.
Contract for domestic service

The Labour Code and the Civil Code both requires legal contracts for domestic
service. They both provided the maximum term to last for two years with an option
to renew the contract upon agreement. No provisions required the contract to be
written.
Minimum wage rate and form of payment

While the Civil Code requires household service to be “reasonably compensated”,
the Labour Code established the minimum wage rate as follows:
 PHP 800/month (USD 18) for domestic workers in National Capital Region
 PHP 650/month (USD 14) for domestic workers in chartered cities and first
class municipalities
 PHP 550/month (USD 12) for domestic workers in other municipalities
The 1992 amended minimum wage special law (Republic Act 7655) penalises
violation of the minimum wage with an imprisonment of not more than 3 months or
a fine of not more than PHP 2,000.00 (USD 44), or both, at the court’s discretion.
549
Labour Code of the Philippines, Article 145
550
GR No. 94951 April 22, 1991
551
The rules and regulation is called Omnibus Rules. It is not a law by itself but provide the details on how the Labour Code
should be implemented
552
Omnibus Rules Implementing the Labour Code, book III, rule XIII, sec. 3
553
122
Considering today’s inflation and the fact that it has been more than 15 years since
the wage rate was last fixed, the amounts required by the law at present are too
low, unreasonable and unrealistic. It also has negative effects on domestic workers
in terms of demanding reasonable wages from their employees. Currently many
employers are paying far above the benchmark set by the law. Even if that rate is
not “reasonable compensation” to domestic workers, the employer would not be
considered in violation of the law. On the other hand, the probability of an employer
hiring a skilled domestic worker at the present minimum wage is highly improbable.
In fact, in order get better pay, more adults and skilled domestic workers are now
seeking work overseas. This contributes to the trend of recruiting younger and
inexperienced domestic workers, usually minors, for local employers. The Labour
Code requires the employer to review their contracts with their domestic workers
every 3 years with the view to improving its terms and conditions. However, this is
not done in actual practice, considering that domestic workers are not even aware of
any contract between her/him and the employer. Moreover, there is no mechanism
or sanctions upon which the domestic workers might enforce this requirement on
the employer.
Social Security Services (SSS)

Domestic workers earning at least PHP 1000 or USD 22 are now covered by Social
Security services as specifically mentioned in the Social Security System Act of 1997.
Domestic workers may avail of maternity leaves as part of their benefits under the
SSS. Domestic workers earning less than PHP 1000 or USD 22 who are not covered
under the SSS law may avail of the maternity leave according to the Labour Code.
Domestic workers covered under the SSS law have a longer period of maternity leave
than those availing it under the Labour Code.
A female domestic worker/member of SSS who paid at least 3 monthly contributions

in the 12-month period immediately before the semester of her childbirth or
miscarriage is entitled to a maternity leave benefit of 60 days or 78 days in case of
caesarean delivery. She shall be paid 100% of her average daily salary for those days
on leave.
The Labour Code on the other hand grants to every pregnant domestic worker “who
has rendered an aggregate service of at least six (6) months for the last twelve (12)
months, maternity leave of at least (2) weeks prior to the expected date of delivery
and another four (4) weeks after normal delivery or abortion with full pay based on
her regular or average weekly wages.”
Opportunity for education

The Labour Code and the Civil Code both mandate the employer to give the
domestic worker an opportunity for at least primary education if s/he is below 18
years of age. The cost of education forms part of the compensation of the minor
123
domestic worker unless the employer agrees to answer for the costs of her/his
education.
Accommodation
The Labour Code and Civil Code require the employer to provide ‘free of charge,
suitable and sanitary living quarters as well as adequate food and medical
attendance’ to the domestic worker. However, neither law mentioned provisions on
live-out domestic workers. In fact neither law distinguish or define ‘live-in’ and ‘live-
out’ domestic workers although the Civil Code seemed to imply some regulation on
the live-out category, because it recognises the practice of daily payment, and stated
that in case of termination of these domestic workers, notice shall be given “on any
day that the service shall end at the close of the following day.”
Notice of termination by employer or domestic worker

Notice of termination in both Labour Code and Civil Code must be according to what
was laid down in the contract or agreement. In case the duration of service was not
agreed upon, the Labour Code requires a 5 day notice before the service is
terminated.
The Civil Code elaborated rules on termination depending on the manner of

payment of compensation as follows:
(1) If the compensation is paid by the day, notice may be given on any
day that the service shall end at the close of the following day;
(2) If the compensation is paid by the week, notice may be given, at
the latest on the first business day of the week, that the service shall
be terminated at the end of the seventh day from the beginning of
the week;
(3) If the compensation is paid by the month, notice may be given, at
the latest, on the fifth day of the month, that the service shall cease
at the end of the month.
As previously stated, the Civil Code seemed to imply certain recognition on live-out
arrangements, especially when it mentioned a daily and weekly manner of payment,
but neither the Civil Code nor the Labour Code differentiated on live-in and live-out
domestic workers.
Indemnity in case of unjust termination

Termination of the domestic worker’s service prior to the agreed date without any
just cause is prohibited. The Labour Code and Civil Code both provide for the
following rules in case of unjust termination by either employer or domestic worker:
If the employer unjustly terminated the service of the domestic worker, the
domestic worker is entitled to payment of her/his salary already earned in addition
to the amount equivalent to fifteen (15) days worth of work as indemnity.
124
If the domestic worker unjustly terminated the service, s/he will forfeit her/his
unpaid salary in the amount not exceeding fifteen (15) days worth of service
rendered.
Employment certificate and employment record

For purposes of obtaining record of her/his previous employment the domestic
worker may opt to demand from the employer an employment certification
(reference) containing the ‘nature and duration of the service and the efficiency and
conduct’ of the domestic worker as provided by the Civil Code. On the other hand
the Labour Code does not merely give the employer an option but requires the
giving of the employment certification to the domestic worker.
Specific Exclusions by the Labour Code

Domestic workers are considered part of the ‘special groups of employees’ and are
governed by a separate chapter under Labour law. As a result, the Labour Code
specifically excluded the domestic workers group in the coverage of its general
regulations on conditions of employment of an employee. Domestic workers are not
part of the regulation on working conditions and rest periods, hours of work, weekly
rest periods, occupational health and safety standards, holidays, and regulation of
wages like other employees. Moreover, domestic workers can only access Labour
law mechanisms on a specific ground - non-payment of wages
Civil Code Provisions

The Civil Code has additional legislation on the following issues not covered by the
Labour Code:
 Hours of work and vacation with pay

The Labour Code explicitly excluded the domestic workers from the 8 hour per day
maximum period of work. It is silent on maximum hours of work by domestic
workers but the Civil Code explicitly stated that domestic workers are not to work
more than 10 hours in a day. Likewise where the Labour Code did not mention of
vacation with pay for domestic workers, the Civil Code absolutely entitled the
domestic workers to be allowed a 4-day vacation each month with pay.
 Clothing
Other provisions include the kind of clothing domestic workers may wear at work. In
particular, a contract requiring a domestic worker to acquire suitable clothing that
s/he cannot afford is not allowed.
 In case of death of the domestic worker and there are no relatives living
nearby where the employer lives, the Civil Code obliges the employer, if with
sufficient means, to bear the funeral expenses of the domestic worker.
Enforcement Mechanisms
 DOLE (Department of Labour and Employment) Regional Director or

authorised hearing officers:
125
The DOLE Regional Director or his/her authorised hearing officer is given a limited
jurisdiction on controversy concerning domestic worker and employer. This
jurisdiction refers only to recovery of wages, simple money claims and such other
benefits as long as the amount claimed does not exceed PHP 5000.00 or USD 111.
The proceeding is summary in nature, that is, it is expedient, it is not litigious nor
does it follow the technical rules characterised by a usual court proceeding.
 National Labour Relations Commission (NLRC)

All other claims by a domestic worker arising from employee-employer relations will
be heard and decided by the Labour Arbiter of the National Labour Relations
Commission (NLRC). If either the domestic worker or employer appeals the decision
of the case, the NLRC as a body will decide the case.
 Courts
The case or decision of the NLRC may be appealed before an appellate court.
Likewise, issues not arising from employee-employer relationship may be directly
filed in court. These cases include for instance, violence committed against the
domestic worker which may be filed not based on the Labour Code violation but on
criminal or other special laws.
 Barangay or Community Justice System

A baranggay is the smallest self-governing social unit in the Philippines society. This
system provides for amicable settlement of disputes in all cases (subject to certain
exemptions enumerated by the law) where the parties in a controversy reside in the
same city or municipality. This system is community-based and has been
institutionalised for efficient resolution of controversies and to avoid filing of cases in
court, which is more tedious, time consuming and expensive. The aim of this system
is to make accessible and effective the justice system especially to the poor and
disadvantaged, without the assistance of expensive lawyers and without the long
and difficult journey to court hearings. The law exempts the barangay or community
justice system from having jurisdiction over disputes on employee-employer
relationship, as this should be referred to the Labour Arbiter in the NLRC.Certain
groups and advocates are lobbying for the use of this mechanism to resolve issues
between an employer and domestic worker.
Treatment
The Labour Code and the Civil Code both mandate that the domestic worker must be
treated in a ‘just and humane manner’. Physical violence is prohibited and punished
under criminal and civil law.
Penalty
The penal provision in the Labour Code does not cover violations within the
employee-employer relationship between domestic workers and their employers.
The provision stated that for any violation of the Code that is declared ‘unlawful’ or
126
‘penal in nature’ a fine of not less than One Thousand Pesos (PHP 1,000.00 or USD
22) nor more than Ten Thousand Pesos (P10,000.00 or USD 222) or imprisonment of
not less than three months nor more than three years, or both, will be decided at the
court’s discretion.
The law does not characterise violation of domestic worker and employer
relationship as ‘penal in nature’ nor did it label the violation as ‘unlawful’. Non-
payment of wages of a domestic worker, therefore, cannot be punished by fine or
imprisonment under the Labour Laws but the domestic worker may seek redress
with the Labour Arbiter or under the regular civil courts.
4.3 National law and protection of local and international migrant

workers
In an effort to deal more effectively with illegal recruitment of Filipino workers going
abroad, the government enacted the Migrant Workers Act of 1995.554 The Migrant
Workers Act is applicable for the protection of domestic workers against illegal
recruitment abroad. The law regulates the recruitment of Filipino overseas workers
and prohibits illegal recruitment. The elements of illegal recruitment as defined in
the Labour Code are the same elements in Migrant Workers Act. The new law also
provides for assistance to migrant Filipino workers by mandating the establishment
of free legal assistance to victims of illegal recruitment, directing embassies and
consular offices to disseminate important information related to Labour and
employment conditions and migration realities, regulate repatriation of workers in
ordinary instances and establish mechanisms for extraordinary repatriation, as well
as mandate the establishment of resource centres for migrant Filipino workers so
that they can avail of social services.
Substantial legislations provide for the protection against illegal recruiters, trafficking
in persons, child labour exploitation, violence against women, forced or bonded
labour, and seek to ensure the just and humane treatment of adults and child
domestic workers. These laws apply both to local and international migrant
domestic workers.
a) Policy on overseas employment: The government, according to the Migrant

Workers Act ‘does not promote overseas employment as a means to sustain
economic growth and achieve national development. 555 The law directs the State
to instead ‘create local employment opportunities and promote the equitable
distribution of wealth and the benefits of development.’ In practice though, the
government completely negates this law by aggressively promoting overseas
employment. In December 2008 the government issued Administrative Order No.
247 (AO No. 247 of 2008) directing POEA to refocus its functions “from regulation to
554
The Migrant Workers and Overseas Filipino Act of 1995 or Republic Act No. 8042
555
Migrant Workers and Overseas Filipino Act of 1995 or RA 8042
127
full-blast market development efforts, the exploration of frontier, fertile job
markets for Filipino expatriates.”556
b) Recruitment and placement of local and migrant (overseas) domestic workers:

The Labour Code regulates the recruitment and placement of workers including
domestic workers. 557 The provisions apply to both local and overseas recruitment
although in practice it used to be mainly applied to regulating the recruitment and
placement of overseas Filipino workers. This is especially true during the emerging
years of Filipino overseas labour migration. Many Filipinos were recruited illegally,
tricked into paying exorbitant placement fees only to find out that they cannot be
deployed. Others ended up with altered contracts from what was originally agreed
with the recruiters.
The law considers recruiting without a government license as illegal and imposes
strict penalties. Unlawful practices committed by licensed recruiters are likewise
punishable under the law. These practices include among others, providing false
information or notices during the recruitment of workers, or information related to
the workers’ future employment, charging workers more than the allowable fees
prescribed by the Secretary of Labour, substituting or altering employment contracts
already approved by the Department of Labour and signed by the parties, and
withholding or denying the workers their travel documents for monetary
considerations other than those authorised by the law. 558 These unlawful practices
committed by either licensed or illegal recruiters are punishable with fines,
imprisonment and cancellation of licenses if applicable.
556
AO 247 Section 1
557
Article 13 Labour Code of the Philippines The law defines “recruitment and placement” as :
“any act of canvassing, enlisting, contracting, transporting, utilising, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or
entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in
recruitment and placement.”; See also See Book I, Title I of the Labour Code
558
Labour Code of the Philippines Article 34 “Prohibited practices. - It shall be unlawful for any individual, entity, licensee, or
holder of authority:
(a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees
prescribed by the Secretary of Labour, or to make a worker pay any amount greater than that actually received by him as
a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of
securing a license or authority under this Code.
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless
the transfer is designed to liberate the worker from oppressive terms and conditions of employment;
(e) To influence or to attempt to influence any person or entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labour or by his duly authorised representatives;
(h) To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings,
separation from jobs, departures and such other matters or information as may be required by the Secretary of Labour.
(i) To substitute or alter employment contracts approved and verified by the Department of Labour from the time of actual
signing thereof by the parties up to and including the periods of expiration of the same without the approval of the
Secretary of Labour;
(j) To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or
indirectly in the management of a travel agency; and
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations
other than those authorised under this Code and its implementing rules and regulations.”
128
Where illegal recruitment reaches a scale of ‘economic sabotage’ the perpetrator/s
may be punished with life imprisonment and a fine of up to Php 100,000.00 (USD
2,222).559 There is ‘economic sabotage’ if illegal recruitment is committed (a.) by a
syndicate or a group of 3 or more persons who conspired to commit the illegal acts;
or (b.) in large scale or committed against 3 or more persons.560
c) Trafficking in persons: The Anti-Trafficking in Persons Act of 2003 is a

significant law that aims to combat the serious issue of trafficking in the
Philippines. The law covers trafficking within and across borders. It defines for the
first time in domestic legislation the elements of trafficking and imposed stiff
penalties for the commission of the crime, including life imprisonment. The
elements of trafficking can be categorised as the commission of certain acts,
through specific means, and for the particular purpose of exploitation. The
concurrence of these elements comprises the crime of trafficking although in the
case of a trafficked child the element of ‘means’ need not be present to commit the
crime.
This law brought together the disparate laws that often addressed only an aspect of
the whole trafficking process, such as illegal recruitment and use of fraudulent
documents to recruit and traffic the victims. The law also establishes the institutional
mechanisms for the elimination of trafficking and for the protection of trafficked
victims. Persons who can file a complaint on the basis of this law are not limited to
the victims only but also their parents, spouse, siblings, legal guardians, or any other
person who has personal knowledge of the commission of the offense. The
significant import of this provision is that even if the victim herself/himself is
reluctant or unwilling to file a case due to fear of reprisal or retribution, other people
may file on her/his behalf. These people can include law enforcement officers or in
the case of domestic workers abroad, the labour attaché.
d) anti-child labour exploitation: The Child Labour Law or RA 9231561 protects

child labourers by establishing the minimum working age for children. It also
prohibits the worst forms of child labour and employment of children to hazardous
working conditions. The child labour law did not make mention of child domestic
workers as a distinct category, nevertheless its provisions may apply to child
domestic workers whose rights are covered by the law for instance making her/him
to suffer hazardous working conditions.
e) anti-violence against women act: The domestic worker and her child may sought
protection under the Anti-Violence Against Women Act or RA 9262 in case violence
is committed against her or her children and it is established that she is presently or
559
Labour Code of the Philippines Article 39
560
Labour Code of the Philippines Article 38
561
An Act Providing For The Elimination Of The Worst Forms Of Child Labour And Affording Stronger Protection For The
Working Child, Amending For This Purpose Republic Act No. 7610, As Amended, Otherwise Known As The "Special Protection
Of Children Against Child Abuse, Exploitation And Discrimination Act”
129
previously in a relationship with the perpetrator . Relationship is defined by law as
including being presently or previously married to the perpetrator, having or had
sexual relationship with perpetrator even only once, dating or being in a common
law relationship or being romantically involved for a period of time. The law
prohibits acts of or threats of physical, psychological and sexual violations and
economic abuse against the woman or her common child with the perpetrator or her
child by another person.
f) prohibition on slavery and debt bondage: Under the Revised Penal Code, it
is unlawful for a person to compel anyone to work for him/her as domestic helper or
farm labourer to pay off one’s debts.
130
The following section discusses some of the mechanisms and initiatives undertaken
towards domestic workers’ protection. The concerned groups, government or non-
government, either deal directly with domestic workers as a sector or as part of
thematic issues advocacy where one of those affected are the domestic workers.
5.1.1 National Government
At the local level the Bureau of Women and Young Workers (BWYW) of the
Department of Labour and Employment (DOLE) is the agency responsible for
formulating policies and developing programmes for local domestic workers. BWYW
has produced Information, Education and Communication (IEC) materials in several
languages on the rights of domestic workers that are distributed in regional DOLE
offices and recruitment agencies. In 2006, it led a seminar on orientation on the
rights and responsibilities of domestic workers as part of the planned pilot test for
government’s labour education programme specific to domestic workers in Metro
Manila. BWYW is also actively pursuing the issue of child domestic labour and
spearheads the National Programme Against Child Labour in collaboration with ILO-
IPEC, VF, other government agencies, non-government organisations and the larger
civil society.
The Bureau of Local Employment (BLE), licenses, accredits and monitors private
recruitment and placement agencies of domestic workers. BLE develops policies at
the national level that are implemented in all DOLE regional offices across the
country. These regional offices can also shut down recruitment and placement
agencies without licenses or accreditations.
The Technical Education and Skills Development Authority (TESDA) partnered with
SUMAPI a domestic workers’ organisation and has opened an opportunity for
domestic workers to obtain free vocational courses especially if they cannot afford
college or university studies. TESDA regional office in Batangas has also partnered
with Visayan Forum (VF) to provide domestic work and skills training for domestic
workers. TESDA also provides educational training for migrant Filipino workers.
Some Local Government Units (LGUs) are also actively engaged in the protection
and promotion of local domestic workers. The local government of Quezon City
passed the first Ordinance in the country on Mandatory Registration of Domestic
131
Workers and the launched the landmark Kasambahay Programme in April 2005.562
The Quezon City Public Employment Service Office- Industrial Relations Office (PESO-
IRO) issues identity cards to registered domestic workers in the Kasambahay
programme. These domestic workers can avail of the programme of basic social
services provided by the city government including education, formal trainings,
vocational trainings, counselling, Philhealth cards and arts and recreational activities.
The landmark programmes were seen as the first concrete actions by the local
governments on recognising the valuable contribution of domestic workers in the
country and also a way to lessen their vulnerability and give them access to
services.563
These initiatives led by Quezon City when it first introduced the local ordinance
resulted in the production of an expanded model ordinance for domestic workers.564
Other local governments also followed suit. In February 2006, the local government
of Makati City, the financial centre of the Philippines, issued its own local ordinance
for registration of domestic workers. The local governments of Iloilo and Bacolod
cities have also passed similar ordinances for the registration of domestic workers.
Initiatives for enactment of a comprehensive law on local domestic workers have

produced several pending bills in the Congress. At present there are seven pending
bills in the House of Representatives and one in Senate. The domestic workers bills in
the House of Congress either proposed a comprehensive domestic workers law or
sought only to amend certain portions of the Philippines Labour Code. These bills
remained filed in the Lower House and have not yet been approved by the House of
Representatives. In the meantime, the Senate has already approved a Senate Bill
with the objective of amending some provisions the Labour Code on domestic
workers. Annex A illustrates the standards proposed for promotion and protection of
domestic workers’ rights in the pending bills of the House of Representatives and the
Senate.
5.1.2 Domestic workers union, workers’ association, employers’ association,

NGOs, other groups
SUMAPI or Association and Linkage of Domestic Workers in the Philippines

(Samahan at Ugnayan ng mga Manggagawang Pantahanan sa Pilipinas) is an
independent and the lone national domestic workers organisation in the country.
Established in 1995 with the help of VF-- a staunch advocate of domestic workers
rights, SUMAPI was created as a response to the interest expressed by a number of
domestic workers VF had reached through the early inception of VF kasambahay
programme. VF supported the informally constituted groups of domestic workers
562
See QC launches landmark kasambahay programme, Friday 22 April 2005, Local Government
http://www.gov.ph/news/default.asp?i=8572
563
QC launches landmark kasambahay programme, Friday 22 April 2005, Local Government
http://www.gov.ph/news/default.asp?i=8572 [Hereinafter QC launches landmark kasambahay programme]
564
Lighting a torch for empowerment-“We matter”, say Filipino domestic workers, http://www.ilo.org/wow/Articles/lang--
en/WCMS_081383/index.htm
132
to come together to form SUMAPI and formalise the aims and objective of the
association.
Some of the recent services of VF where SUMAPI played an important role was
facilitating access to SSS that resulted in the registration of more over 500 domestic
workers 15 years old and above in the social security system. SUMAPI leaders would
regularly go to parks weekly and comb the area to contact domestic workers and
provide them flyers on VF services and contact details. SUMAPI leaders are effective
messengers as many child domestic workers were able to gain their trust enough to
avail of VF programmes and services knowing that they and the leaders have shared
experiences.
SUMAPI is also committed to build public awareness and visibility of the domestic
workers sector. It has developed a pool of speakers to talk about the organisation
locally and internationally. Its members also undergo special trainings to capacitate
them on how to advocate and communicate their messages effectively. They have
established partnership with local radio stations in the different parts of the country
and have their own airtime. In Bacolod for instance, SUMAPI has a regular radio
programme “TAGBALAY” (The Household) in DYAF-Bacolod. In Davao City, the
organisation has a radio programme called “Tuburan sa Kamatuoran” (The Source of
Truth) in DXRP Radyo ng Bayan.
SUMAPI is also actively involved in lobbying for the Magna Carta for Domestic
Workers or Batas Kasambahay with the government authorities. Its members have
participated in study sessions on Batas Kasambahay to better understand the
provisions and articulate them effectively in advocacy activities.
SUMAPI is also strengthening its partnerships with various institutions providing

special services for child domestic workers. This includes educational institutions
who provide night schooling for domestic workers either at the secondary or college
level. SUMAPI is also partnering with the government agency the Technical
Education and Skills Development Authority (TESDA) that provides opportunity for
domestic workers to pursue vocational courses for free including secretarial course,
computer programming, mechanical engineering courses and hotel and restaurant
management courses.
Two of the four main workers’ associations in the Philippines are the Trade Union
Congress of the Philippines (TUCP) and the Federation of Free Workers (FFW). Both
workers’ associations already have a long history of collaboration with ILO on
projects and programmes promoting workers’ rights. TUCP and FFW are members
of the National Tripartite Advisory Committee for Decent Work. ILO provides
assistance to these trade unions in their programmes and activities related to child
labour and supporting them in outreaches to informal sector, migrant and domestic
workers among others.565 FFW has also implemented a project on the examination
565
http://www-ilo-mirror.cornell.edu/public/english/region/asro/manila/philippines/mnlcons.htm. Last update: 8 February
2005
133
of child labour domestic workers incidence in the households of its confederation
members in Metro Manila.566 This is because early efforts made it apparent that
employers and even unionist-employers are reluctant to acknowledge the presence
of child domestic workers in their households.567
The Employer’s Confederation of the Philippines (ECOP) is an employers’

association that has maintained strong collaboration with ILO, and actively
participates in the ILO Decent Work Country Programme.568 ECOP’s programme
supported by ILO included among others the encouragement of ECOP members to
apply fundamental principles and rights in the work place and provided equal
employment opportunities. Although due to research limitations, there had been no
opportunity to determine if ECOP has specific projects and programmes related to
domestic workers’ protection, it has been established that ECOP had also been an
active advocate on Child Labour protection. For instance, ECOP in partnership with
ILO-IPEC launched the Child-Friendly Firms Recognition Project (CFFRP) through its
Committee on Child Labour. 569 In this project ECOP showcased model companies
with initiatives to protect children’s rights.570
In 2006 ECOP has adopted the Kabalikat Sa Tahanan or KST (partners at home)
programme.571 This programme is a 3-month skills training in knowledge and values
for domestic workers being implemented for already 11 years by Bel-Air, an elite
residential village in Makati. ECOP made KST programme the basis for its employee-
employer awareness campaign and for the formulation of the code of Ethics in the
Employment of Domestic Workers.
Visayan Forum Foundation Incorporated (VF)572 the first organisation in the

Philippines that dealt with children and adult domestic worker’s issues. Established
in 1992, VF has for over a decade now struggled for the recognition and protection
of local and migrant domestic workers. It is at the forefront in the international
promotion of domestic workers’ rights and child labour prevention.
The Kasambahay Programme (Domestic Worker’s Programme) is the national

initiative of VF concentrated mainly on child domestic workers although adult
domestic workers needing assistance may also avail from this programme. The
programme works with the involvement of social partners from government,
employers and workers’ groups, as they are crucial to its success. VF also has long-
term partnership with international organisations including but not limited to ILO-
IPEC and Anti-Slavery International who provide support for its programmes or
advocacy campaigns at local and international levels.
566
567
568
Supra note 90 http://www-ilo-mirror.cornell.edu/public/english/region/asro/manila/philippines/mnlcons.htm. Last update:
8 February 2005
569
570
571
Supra note 89 Lighting a torch for empowerment-“We matter”, say Filipino domestic workers,
http://www.ilo.org/wow/Articles/lang--en/WCMS_081383/index.htm
572
Visayan Forum http://www.visayanforum.org/portal/index.php
134
- The programme consists 3 major components, which have achieved significant
results over the years.
The Direct services and social protection component provides for immediate
response to child domestic workers at risk including immediate assessment, and
when necessary removal and interception in trafficking cases. This includes making
readily available medical, legal psychosocial, and police assistance through available
resources from relevant government and nongovernment agencies. Psychosocial
services in temporary shelters are also provided for abused child domestic workers
who have been referred and reached out by the programme. Family reintegration or
transfer to other foster institutions is also part of the direct services.
VF also has established continued joint action with government agencies in

implementing the programme. For instance, in partnership with the Philippine Ports
Authority it extends its programme in a halfway house in Manila port. The port
serves as a place to intercept stranded or run-away child workers who might also be
victims of trafficking.
VF also systematically coordinates with school administrations and partners to assist

child domestic workers’ access to education. VF taps schools to strengthen their
efforts in improving their curriculum for child domestic workers who are combining
work and study. VF also assists SUMAPI and school faculties in further improving
Kasambahay centres in schools and organising activities for domestic workers.
The Empowerment and Promotion of Self Help Organisations component provides

for outreach services for child domestic workers in schools, churches, recreational
parks, ports, and waiting areas where they are usually found high in numbers. VF
works in tandem with SUMAPI in these outreach programmes as part of its strategy
in reaching out for the child domestic workers. One of the achievements of the
programme is that it was able to assist domestic workers to avail of social security
(SSS) benefits through regular registration session during day offs of domestic
workers. Five hundred domestic workers aged 15 and over are now registered with
the Social Security System through the VF –SUMAPI efforts.573 This has resolved
some issues related to employer-employee relationship as for instance child (and
adult) domestic workers usually do not have social security are often made to pay for
their own medication and hospitalisation from work-related illnesses and
accidents.574 Likewise through social security registration, domestic workers can
now make salary advances and loans that they can send home to their families.575
Advocacy for Legislation and Policies, Programmes and Related Services include the
long-term goal of the organisation for the passage of a comprehensive law on
domestic workers and the institutionalisation of services in government and civil
573
574
575
135
society for domestic workers. VF continues to undertake advocacy and awareness-
raising campaign to promote rights of domestic workers, including decent standards
of work. Together with partners, it has effectively lobbied the passage in the Lower
House of the comprehensive Batas Kasambahay (Magna Carta for Domestic
Workers) and the approval in the Senate of Domestic Workers Bill that will amend
the Labour Code provisions.576

For the past decade, government has been preoccupied more with the creation and
development of mechanisms to organise and manage the overseas employment of
Filipinos rather than the overall development of jobs in the Philippines. Protection
mechanisms and preventive measures against labour exploitation have been
strengthened to create the incentive of “safe labour migration” because one in three
families now yearn to live abroad.
However, because Philippine laws are still very much limited to local implementation
abuses still happen along the migration flows and during employment especially for
women domestic workers. The following illustrate the mechanisms established by
the government during recruitment and pre-departure and the efforts of consulate
offices and embassies to protect international migrant domestic workers.
The Philippine Overseas Employment Authority (POEA) is the agency mandated to

promote and develop employment programmes for migrant workers, protect their
rights and regulate their placement and recruitment. POEA works in collaboration
with other government agencies in its policy framework on deployment of domestic
workers overseas. The Secretary of DOLE heads the POEA governing board. Specific
resolutions were been recently issued by the POEA governing board to increase the
capacity and skills of domestic workers to be deployed abroad. 577
Through the resolutions applicant domestic workers must first undergo training and
skills assessment by TESDA and upon pre-departure undergo, free of charge, a
country and culture specific training by Overseas Workers Welfare Administration
(OWWA). These trainings are conditions for the processing by POEA of the domestic
workers contract. The POEA also established the minimum wage of USD 400/month
or PHP 18,400 especially in the Middle East Countries for domestic workers. The “no
placement fee” policy is also enforced on recruitment agencies. Likewise, Philippine
Overseas Labour Office POLOs posted in receiving countries are directed to be
stringent in their pre-qualifying system including personal interview with the
employers to determine their fitness. Together with POEA, POLO can blacklist
employers who have abuse or maltreated Filipino workers or breached their contract
such as non-payment or underpayment of their salary.
576
Note that there are several versions of the bill still filed in the Lower House and one in the Senate. A domestic workers bill
only becomes a law after both the House and Representative and the Senate approve one version of the bill and the President
of the Philippines signs it into law.
577
See Policy reforms on employment of domestic helpers, http://www.poea.gov.ph/hsw/hsw.html
136
Domestic workers are also covered in welfare programmes and services for migrant
workers in general provided by OWWA and POLO.
The Overseas Workers Welfare Administration (OWWA), an attached agency of

DOLE, is the lead government agency tasked to protect and promote the welfare of
Overseas Filipino Workers (OFWs) and their dependents. The Philippines is the first
country in the world that created a Welfare Fund for its migrant workers eventually
evolving into the Overseas Workers Welfare Administration (OWWA).578
As a primary membership-based welfare institution of OFWs, OWWA provides

programmes, benefits and services including insurance and health care benefits,
education and training benefits, family welfare and assistance programmes, and
workers assistance and on-site services. The recruiter or overseas employer upon
processing of a contract at the POEA pays a membership contribution of 25 USD per
contract or Php 1,167. Nevertheless, non-government organisations report that
many OFWs are told to pay their own membership fees.579
OWWA is also mandated by the Migrant Workers’ Act580 to undertake the

repatriation of migrant workers in cases of war, epidemics, disasters or calamities,
natural or man-made, and similar events. The costs of repatriation are borne by the
principal or recruitment agency or the OWWA itself in case the recruitment agency
cannot be identified or located.
OWWA welfare officers are also deployed in several countries, as well as in the local
regions of the Philippines. To provide necessary support at the local level to the
family of OFWs, there are also OWWA community development officers who make
visits to these families.
An OWWA programme specific to migrant domestic workers to be deployed include

the Language Training and Culture Familiarisation primarily geared for ‘Household
Service Workers (HSWs)’ departing abroad for the first time.581 This programme is
part of the mandatory Pre-Departure Orientation (PDO) programme mandatory
requirement for departing OFWs.
Under DOLE, there is also Philippine Overseas Labour Office (POLO) that administers
and enforces DOLE policies and programmes for the welfare of OFWs. There are
thirty-five (35) POLOs established in countries in Asia, Middle East, Europe and the
Americas.582 Specific services to domestic workers by POLO in Kuwait for instance
578
The True Treasure: Importance of the Overseas Filipino Worker in Nation-Building,
http://www.owwa.gov.ph/article/articleview/201/1/29/
579
Sayres supra note 4
580
Migrant Workers Act Section 15
581
OWAA Language Training and Culture Familiarisation Programme, http://www.owwa.gov.ph/article/articleview/33/1/31
582
As of 2007 the following POLOs located in these countries: Abu Dhabi of UAE, Al Khobar, Jeddah and Riyadh(2) Saudi Arabia,
Bahrain, Brunei Darrusalam, Canada, Dubai, Geneva Switzerland, Greece, Hong Kong, Iraq, Israel, Jordan, Taiwan (3) Kaohsiung,
Taichung and Taipei, Korea, Kuala Lumpur Malaysia, Kuwait, Lebanon, Libya, Londonn Uk, Macau (Hk Extension Office) China,
Madrid Spain, Milan and Rome Italy (2), Oman, Osaka and Tokyo Japan (2), Qatar, Saipan, Singapore, Washington, D.C.
137
include assistance in amicable settlements or filing of cases against the employer in
appropriate courts, providing immediate medical assistance or referral to hospitals if
the domestic workers need it, among others. Reintegration programme and skills
training are also part of services provided by POLO Kuwait. However, the agency
pointed out that the ‘peculiar nature of problems of employment in Kuwait, where
over 60% of workers are domestic helpers’ has made it unable to engage in this
particular programme as 90% of its resources are concentrated on management of
cases concerning complaints by domestic workers.583
The Technical Education and Skills Development Authority (TESDA) is the

government agency tasked to manage and supervise the technical education and
skills development of the Filipino workforce.584 As mentioned earlier, TESDA offers
training and skills assessment for applicant domestic workers. As of 2007, DOLE
announced585 that TESDA from 13 provinces586 of the country will be providing
training and skills assessments free of charge.
583
Embassy of the Philippines, Kuwait re POLO http://www.philembassykuwait.gov.kw/polo.html
584
http://www.tesda.gov.ph/page.asp?rootID=2&sID=17&pID=10
585
TESDA institutions to offer free training to domestic workers seeking overseas employment, Wednesday, April 18, 2007
586
These provinces are the following:
Luzon - Marcos-Agro Industrial School in Manayon, Bangui, Ilocos Norte; Isabela School of Arts and Trades in Calamagui 2nd,
Ilagan Isabela; Southern Isabela College of Arts and Trades in Calaocan, Santiago City; TESDA Women Center at TESDA Complex,
East Service Rd., South Super Hi-way, Taguig City.
Visayas - New Lucena Polytechnic College in Efipanio Sonza Ave., New Lucena, Iloilo; Arteche National Agricultural School in
Arteche, Eastern Samar; Balangiga National Agricultural School in 6812 Balangiga Eastern Samar; Samar National School of Arts
& Trades in Taft, Eastern Samar.
Mindanao - Dipolog School of Fisheries in Norte; Cagayan de Oro (Bugo) School of Arts and Trades in Bugo Cagayan de Oro City;
Lupon School of Fisheries in Panunciaiman, St. Lupon, Davao Oriental; Surallah National Agricultural School in Brgy Dajay,
Surallah, South Cotobato; and Northern Mindanao School of Fisheries in Matabao, Buenavista, Agusan del Norte.
138
6 CONCLUSION
Filipino women and children domestic workers in and outside the Philippines remain
a highly vulnerable sector. The perception on domestic work as safe, the hidden
nature of their workplace which is the employers’ household, and the fact that most
of them are women and young girls who have migrated from impoverished areas of
the country away from their family, friends and support network are but some of the
reasons that place them into greater vulnerability than most other types of workers.
The Government has established laws, programmes and policies addressing several
pertinent issues affecting migrant and local domestic workers. National laws on
migrant work, illegal recruitment, child labour, trafficking in persons and violence
against women and their children have already been enacted. Protection and
recognition of labour and human rights of local, migrant, adult and child domestic
workers have been legally mandated even if implementation still leaves a lot to be
desired.
Government priority on managing and organising overseas labour migration as a

primary economic development strategy have resulted in more developed regulatory
and protection frameworks for migrant workers in general. These programmes and
mechanisms have proven to be far more advanced than those available for local
domestic workers.
Domestic labour laws have not included domestic workers them in their full
coverage especially on minimum standards for decent work. There are still no sector
specific laws addressing specific issues that come with the nature of domestic work.
The Child Protection laws deal with general child welfare and protection measures
and do not cover vulnerabilities suffered by child domestic workers.
International migrant domestic workers are recognised as part of the formal work
sector. This is different in the case of local domestic workers who receive far lesser
attention from policy and lawmakers. But like their local counterparts, international
migrant domestic workers continue to suffer from violations of their decent
standards of work and face vulnerabilities from many other types of abuse from the
moment of recruitment in the home country up to the time they reach the country
destination of work. Significant reports have documented abuses of Filipino migrant
women domestic workers in other countries.
The Government has exerted many initiatives in partnership with civil society,
nongovernment organisations and international organisations to improve the plight
of domestic workers whether adult or children and internal and international
migrants. However, many of these initiatives and efforts still leave many rooms for
improvement.
139
Conclusion and recommendation
Conclusion
Women, children and migrants are the three distinct faces that dominate domestic
work in the four countries of India, Indonesia, Nepal and the Philippines. The hidden
nature of their work limits statistical research and information gathering on their
situation. Available numbers are usually underestimates and varying at best.
Nevertheless, these estimates consistently prove that domestic workers both at the
local and international level form a significant population of the labour force for each
of the four countries as shown in Table 1.
Table 1: Estimates of women and children domestic workers

Country Total estimated number Women DW CDW local Women DW
of local DW local overseas
587 588 589
India 20M 18 to 18.5M 4 to 5M 100,000 in Middle
590
East alone
591 592
Indonesia 2.6 to 4M 1.9 to 3 M 688k to 626,895 in Saudi
593
1M Arabia alone in
594
2007
595 596 597
Nepal 150k 102k 105k 50 to 70k in
598
2007
599
Philippines 624k to 2.5M 579k to 2.2M 363k to 523,684 newly
2.2M hired alone from
600
2000-2007
In all four countries, the society’s attitude on local domestic work remains influenced
by traditional perception that it is unpaid women’s work. Many employers still
predominantly view the hiring of domestic work as a paternalistic or a charitable act
given to a less fortunate person instead of recognising their own need for the human
labour in domestic service. This perception often removes clear lines of employee-
employer relationship. Discrimination by reason of economic and social class also
pervades the realm of domestic work in all four countries. The job is seen as lowly
587
Social Alert and National Domestic Workers Movement’s estimates
588
Id
589
Id
590
Third world network, Asian female migrant workers require protection, says ILO by Chakravarthi Raghavan
http://www.twnside.org.sg/title/ilo1-cn.htm
591
The 2004 ILO-IPEC survey estimates 2.6 M while 2008 JALA PRT estimates 4 M
592
National Network for Domestic Workers Advocacy (JALA PRT) (3M) and ILO-IPEC survey (1.9M)
593
National Network for Domestic Workers Advocacy (JALA PRT) (1M) and ILO-IPEC survey (688k)
594
HRW
595
National Labour Academy
596
Id
597
Id
598
As reported by Friendlier Policies for Women Migrant Workers Shahnaz Parveen
http://www.thedailystar.net/magazine/2007/07/03/labour.htm
599
LFS estimates 624,000 while VF estimates 2.5 M
600
POEA based on 10 selected regions of destination
140
and extends to the person who does it. These attitudes have greatly prevented the
society from seeing the job as real work that have economic value and ought to be
professionalised. One of the defining features of domestic work is that it is rendered
in a private household that is almost always immune to State regulation. Once the
domestic worker enters the household, she becomes invisible from the outside
world and away from public scrutiny. Out of the sight of the public eye, domestic
workers both local and overseas become a forgotten lot that usually do not figure in
the statistics and laws of the country.
Poverty is the main reason that drives local and overseas domestic workers in all four
countries to their jobs. Their economic and social status provides them with limited
employment opportunities. Local domestic workers who come to the cities are
usually of limited education and do not possess qualifications to take on highly
skilled or technical jobs. These factors dictate the type of work they can engage in
when they migrate to other richer areas whether within the home country or
abroad. Domestic work is mostly in demand, and usually, the only choice. Domestic
work does not require high skills for qualification.
In all four countries, recruitment for local domestic work is primarily done through
informal channels. In Indonesia for instance, an estimated 90 percent of recruitment
is through informal process.601 Recruitment is usually facilitated or encouraged by
relatives and friends who themselves are already domestic workers, families who
think that this is a way to alleviate their economic status, and local recruiters who
would comb through far flung villages to recruit women and girls for urban
employment. The degree of regulation by Governments on local domestic
recruitment is very minimal. This makes them vulnerable to many forms of abuse
including but not limited to trafficking for forced labour.
Of the four countries, domestic workers in India, Indonesia and Nepal belonged to
the informal economy totally excluded by their national labour laws regulating
minimum standards on decent work. Some Indian states however are beginning to
recognise in their laws the right of domestic workers to minimum wage. On the
other hand, Philippine laws pose a peculiar treatment of its domestic workers. While
Philippine labour law and social security law provided for specific provisions for
domestic workers, the labour law has especially excluded domestic workers in many
of its provisions so that the workers do not enjoy the same minimum standard of
rights that other workers in the formal economy would enjoy.
601
Amnesty International, Indonesia Exploitation and abuse: the plight of women domestic workers, February 2007, available
at http://web.amnesty.org/library/Index/ENGASA210012007?open&of=ENG-IDN
141
Table 2: Domestic worker and labour law on minimum standards of decent work
Country National Labour Law State Labour Law/ or Local
Government Ordinances
India Excluded Kerala, Karnataka, Rajasthan,
Tamil Nadu, Andhra Pradesh
passed the minimum wage law
for DW
Indonesia Excluded Two Jakarta Local Ordinances
regulating recruitment,
employee-employer
relationship, dispute resolution
and limited provisions on rights
of DW
Nepal Excluded Excluded
Philippines Provided limited rights Ordinances were passed by
local government units of
Quezon city
Makati city
Bacolod city on requirement of
registration of DW in their
respective cities
Government actions to protect the rights of both local and international migrant
overseas workers in the four countries remain insufficient. As a result, many non-
government organisations at the local and regional levels as well as international
agencies have taken action to assist domestic workers.
Significant at the local level is emerging presence of domestic workers unions and
associations in the four countries. The formation of these unions and associations is
a big step in the realisation of the domestic workers’ right to association. This is
considering the challenges they face when organising because they do not have one
and the same work place-- they are often scattered and usually isolated from one
another. Nongovernment organisations in the four countries also play an important
role in mainstreaming the issues of local domestic workers within the country. They
actively work with domestic workers for their empowerment through, for instance
formation and strengthening of domestic workers unions. They are also
instrumental, together with domestic workers in lobbying for law reforms to protect
domestic workers better.
In all four countries, migration for work has become a defining feature not only for
women domestic workers but also for an overwhelming majority of women and girl-
children domestic workers who migrate to richer localities or states. The
feminisation of local and international migration for domestic work has also become
pronounced in the four countries.
As opposed to their local counterparts in their home countries, it is not unusual for
many women migrant domestic workers to possess a higher degree of education i.e.
the Philippines. Nevertheless, the limited work opportunity at home that can
provide a viable income pushes them to go to richer countries for employment.
Domestic work is one of the main but few employment opportunities that are
142
available to many of these migrant women workers abroad that offer a relatively
higher salary compared to the jobs in their country, thus, it is also a typical choice for
them.
Local domestic workers leave their family, friends and support network to migrate to
richer cities or areas to work. Many of them, especially children, also hope of getting
education though this does not necessarily happen when they start working.
International domestic workers also leave their family, children, friends and support
network behind to migrate to richer countries.
Over the decades it has become a common trait of these four countries that their
economy depended to a large degree on international remittances. India, Nepal and
Philippines rely heavily on remittances from migrant workers abroad. India tops the
table for remittances sent by migrant workers home.602 This has forced
governments to recognise the value of overseas migrants to their economic survival
and have begun to organise State-level processes to systematise and manage
migration. It is yet to be highlighted that a large population of migrant domestic
workers contribute to these remittances so much that they need special attention
from their own governments.
The four countries have established mechanisms that regulate recruitment for
overseas labour migration. Indonesia, India and Philippines have all enacted
migration laws. All four countries have exerted efforts towards the safe deployment
of their workers. Each of the four countries has its own specific system to regulate
migrant labour deployment. Nevertheless, the efforts at regulating the recruitment
of domestic workers for work abroad still remain inadequate and short-sighted. In
country of destination, domestic workers face many stark similarities in their
experiences. As in their home country, migrant domestic workers suffer from
insufficient protection mechanisms against trafficking, forced labour, sexual
exploitation and sexual violence, in addition to social exclusion, economic
exploitation and violation of their right to decent work standards. The severity of
social isolation and risks of abuse is in fact deeper because migrant domestic
workers they do not know the culture and language of the labour receiving country.
Many domestic workers are also victims of corrupt practices both by authorised and
illegal recruiters. This include false promises of work placement abroad as in India,
extorting high placement fees as in the Philippines, and costly and complicated
procedures as in Indonesia. Governments of the four countries have exerted greater
efforts for their regulation but still lack effective protection mechanisms for these
workers. A large weakness in government strategies is the lack of participation of
domestic workers themselves in planning and strategising protection mechanisms.
Domestic workers must be primarily involved in any planning and implementation of
protection systems because they have actual experience and know the elements
that should go into every protection program. Governments must end their
treatment of domestic workers as simply victims and move towards enlisting their
602
India tops migrant workers table 19 March 2008 http://news.bbc.co.uk/2/hi/business/7305667.stm
143
active involvement.
Socially, domestic workers made it possible for a large number of middle class
women to step out of their homes, pursue their own careers and take more lucrative
work in the formal economy. These women are gaining more social, economic, and
political status and power to determine the course of their own societies. They are
able to do this because of the contribution of local or migrant domestic workers to
their household work. This fact must be recognised to contextualise the contribution
of domestic workers in a changing world.
Recommendations
This research puts forward several recommendations toward better protection and
recognition of domestic workers. It addresses major stakeholders such as
government, non-government organisations, local organisations, and domestic
workers themselves.
To the Governments:
a. Strengthen the legal policy and framework for domestic workers by enactment of
sector-specific domestic worker legislation that cover clearly defined decent
working conditions including but not limited to the following:
i. Minimum wage, minimum hours of rest/work, leave benefits, social

security (the law must also establish a mechanism to obtain a
comprehensive data on employers and social security compliance),
occupational health and safety, registration of domestic workers
for better government regulation, dispute resolution mechanisms,
including access to courts;
ii. Inclusion of the 4 principles of decent work as elaborated in ILO

Conventions e.g. freedom of association and collective bargaining,
elimination of forced labour, abolition of child labour, elimination
of discrimination at work;
b. Train and build capacity of government personnel and law implementers in

utilising existing applicable laws for the protection of local domestic workers and
international migrant domestic workers;
c. Establish effective programmes and train service providers to ensure access of

domestic workers to the programmes and that services are delivered.
d. Ratify United Nations human rights instruments such as the Migrant Workers
Rights Convention, and adopt for application to domestic workers, relevant ILO
Conventions such as Convention 143, ILO Recommendations 100, 62, ILO
Conventions on Freedom of Association, Rights to Organise, Equality and Non-
144
discrimination, protection against trafficking, and the basic minimum standards
for Decent Work.
e. Push for bilateral and multi-lateral labour agreements that protect migrant
domestic workers and ensure their rights at work and rights as persons.
f. Effectively prosecute crimes on minimum wage violation, trafficking in persons,

illegal recruitment, child labour and “economic sabotage”.
To the Governments, nongovernment organisations, domestic workers

associations, employers’ association (if existing) and other advocacy groups
a. Continue to conduct advocacy campaigns for the promotion of domestic

workers rights. The campaign should also focus on but not limited to:
i. Identifying the advantages both to employers and domestic workers if

this type of work is professionalised;
ii. Identify existing good practices by employers and the advantages

gained by employers and domestic workers;
iii. Increasing the role of domestic workers themselves in identifying

resolutions to their cases, then actively participating and leading activities
to promote their rights and welfare;
iv. Changing the perception of the society and the international

community by showing that domestic workers produce a substantial
impact in the economy and they have a stake in the economic activity in
their own country or where they work; and
v. Increasing the role of domestic workers as claimants of rights and

stressing that the protection extended by State and other duty holders
do not merely stem from charitable acts.
b. Continue training domestic workers and establishing programmes towards

alternative livelihood and other work opportunities. This should apply not
only to local domestic workers but also returning overseas migrant domestic
workers. Trainings should be institutionalised and access provided;
c. Continue to support domestic workers organising and strengthening both

locally and abroad;
d. Conduct a national inquiry on the issues faced by local domestic workers,

including gathering of statistical data on domestic workers for an effective
145
evidence-based advocacy on policy, law and programme reforms;
e. Conduct and disseminate studies on the economic impact of hiring domestic

workers. Cost and benefit analyses of registering and providing social security
for domestic workers and how it can redound to benefit of employers and
employee are also suggested;
f. Advocate for more effective mechanisms of protection for local and overseas
domestic workers, taking into consideration the distinct attributes, needs and
contexts of local and international migrant domestic workers. This includes
for instance, regulation on recruitment, providing pre-departure training
specific for local and outbound overseas migrant domestic workers;
g. Campaign to increase awareness on the importance of the country in

protecting its own domestic workers at the local level. This will set an
example for other countries and will also create greater moral credibility for
sending countries when demanding respect and protection of their citizens
working as domestic workers in receiving countries; and
h. Put up follow up mechanisms to determine if recommendations made in this

report or other studies are actually being implemented.
146
BIBLIOGRAPHY (India)
National Constitution
Constitution of India
National Laws
Bonded Labour System (Abolition) Act of 1976 (BLSA of 1976)
Emigration Act of 1983
Labour (Prohibition and Regulation) Act of 1986
Maternity Benefit Act of 1961
Minimum Wages Act of 1948
Personal Injury Act of 1963 and Gratuity Act of 1978.
Weekly Holiday Act of 1942
Workman’s Compensation Act of 1923
Regional/ State Laws

Minimum Wage Act 2005 Karnataka
Books, printed or published articles, journals and reports

Human Rights Watch, “As if I’m not Human” Abuses Against Asian Workers in Saudi Arabia,
July 2008
Human Rights Watch, Maid to Order: Ending Abuses against Migrant Domestic Workers in
Singapore, December 2005, Vol.17, No. 10 (C)
Issues faced by domestic workers: Organising strategies used by SEWA-Self Employed
Women’s Association, (Research paper provided during the Regional conference on
Domestic Workers Asian Domestic Workers Network and Committee of Asian Women on 26-
27th August 2008 Bangkok).
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William F. Stafford, Jr. (Primary Auth and Ed.) (2007)
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Decent Work Deficits - The Situation of Domestic Workers in India Indonesia Nepal and The Philippines

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The situation of Domestic Workers in India,

Publisher: Committee for Asian Women (CAW)

Year of Publication: 2010

Tricia Clare Oco

2 PROFILE OF DOMESTIC WORKERS ...................................................................................... 11

2.1 Local domestic workers .................................................................................................... 11

2.2 International migrant domestic workers .................................................................. 15

2.3 Migrant domestic workers going to India ................................................................. 17

3 CONDITIONS OF WORK AND VULNERABILITIES OF LOCAL AND INTERNATIONAL

3.1 Local domestic workers .................................................................................................... 18

3.2 International migrant domestic workers .................................................................. 24

3.3 Migrant domestic workers going to India ................................................................. 28

4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS ..................................... 29

4.1 The Constitution of India.................................................................................................. 29

4.2 National laws on local domestic workers .................................................................. 29

4.3 National laws on international migrant domestic workers ................................ 32

5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION ....................................... 34

5.1 Local domestic workers .................................................................................................... 34

5.2 International domestic workers and Federal Government interventions .... 38

2.1 Local domestic workers .................................................................................................... 45

2.2 International migrant domestic workers .................................................................. 47

2.3 Migrant workers going to Indonesia ........................................................................... 51

3 CONDITIONS OF WORK AND VULNERABILITIES OF LOCAL AND INTERNATIONAL

3.1 Local domestic workers .................................................................................................... 52

3.2. International migrant domestic workers ................................................................. 57

4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS ..................................... 62

4.1 The Constitution of Indonesia ........................................................................................ 62

4.2 National laws on local domestic workers .................................................................. 62

4.3 National laws on international migrant domestic workers ................................ 66

5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION ....................................... 68

5.1 Local domestic workers .................................................................................................... 68

5.2. International domestic workers and Government interventions ................... 70

2 PROFILE OF DOMESTIC WORKERS ...................................................................................... 76

2.1 Local domestic workers .................................................................................................... 76

2.2 International migrant domestic workers .................................................................. 79

3 CONDITIONS OF WORK AND VULNERABILITIES OF LOCAL AND INTERNATIONAL

3.1 Local domestic workers .................................................................................................... 82

3.2 International migrant domestic workers .................................................................. 86

4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS ..................................... 89

4.1 The Constitution .................................................................................................................. 89

4.3 National laws on international migrant domestic workers ................................ 91

5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION ....................................... 93

5.1 Local domestic workers .................................................................................................... 93

5.2 International domestic workers and Government interventions .................... 96

ACRONYMS ..................................................................................................................................... 100

1 INTRODUCTION ........................................................................................................................ 101

2 PROFILE OF DOMESTIC WORKER ..................................................................................... 102

2.2 International migrant domestic workers ............................................................... 105

3 CONDITIONS OF WORK AND VULNERABILITIES OF LOCAL AND INTERNATIONAL

3.1 Local domestic workers ................................................................................................. 108

3.2 International migrant domestic workers ............................................................... 115

4 LEGISLATIONS ON PROTECTION OF DOMESTIC WORKERS .................................. 119

4.1 The Constitution ............................................................................................................... 119

5 EFFORTS TOWARDS DOMESTIC WORKERS’ PROTECTION .................................... 131

5.1 Local domestic workers ................................................................................................. 131

5.2 International migrant domestic workers ............................................................... 136

6 CONCLUSION .............................................................................................................................. 139

Conclusion and recommendation .................................................................................................. 140

Conclusion ....................................................................................................................................... 140

Recommendations ....................................................................................................................... 144

BIBLIOGRAPHY ............................................................................................................................. 147