Domestic labor has two branches as paid and unpaid. Paid domestic labor differs from the other employment fields because of its feature. The definition of paid domestic labor is debatable according to both different theorists and law. Domestic workers consist of mostly women because of the sexist work-sharing and society’s patriarchal perception. Women domestic workers work in home services by caring for other households to survive. The ambiguities of domestic workers’ legal status and abusive attitudes of employers occur problems for domestic workers. There are regulations, conventions, and legislations to prevent the problems that domestic workers encounter. Labor Law excludes the workers who work in home services so domestic workers’ rights, responsibilities, and debts are subject to different codifications.
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Introduction
Almost half of the world population consists of women, despite this, women cannot find the opportunity to participate the economic activities at the same rate. The reasons for this situation are responsibilities that are given by society, and the stereotypes. Throughout history, women have been portrayed as more domestic and more vulnerable people than men. According to the general thought, these are imposed on people, motherhood and housework are a woman’s primary duties. This point of view has led to push women into the background in business life. Besides that, in both public and economic life labor’s definition and working conditions are based on male-dominated perception, which causes various problems for women who want to work in order to earn money. These problems can be briefly classified as insurance and security problems. Even at the present time in our society women encounter this kind of problems, and they have to work in unsecured job fields without having social insurance. For this reason, women are being excluded from business life and exposed to discrimination in the labor market. In the world, the rate of unemployment among women is gradually increasing compared to men. Whilst the unemployment rate in women 6.4 percent, it is 5.7 percent in males. Additionally, 66 percent of women in employment are not registered with any social security institution.[1]
Home is identified in two ways for women. When men and children are not at home, home is a relaxing place for women. When women try to spend their whole time satisfying other family members’ needs, home is a working place.[2] Although most women only work in their own homes, some of them work in other homes at the same time as a paid domestic workers. In addition to that, it is possible to characterize women who work in only their own homes as unpaid domestic workers. The distinction between paid and unpaid domestic workers is as considerable as the distinction between domestic workers and employees who do not work in home services. As a result, paid domestic workers are subject to different laws and regulations from other employees.
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Definition of Paid Domestic Labour
Domestic work is a peculiar form of paid employment because it differs from other employment types in many points. Regulation of the legal status of home services requires the existence of five main essentials. These essentials are counted as follows:[1]
- The place where women work must be a private household.
- Work to do must put at the disposal of the household.
- The work must be under the management and supervision of the employer, and it must be fulfilled instead of the employer.
- The work must be continuous and regular.
- Work to do must be subject to payment and the employer must not gain anything financially.
Iris Marion Young who is a political theorist focused on the nature of feminist justice claims that ‘home making’ and ‘housework’ are different notions. Home making basically refers to the care that a woman does for her family, but ‘housework’ is more general and anonymous than ‘home making’. ‘Housework’ refers to paid domestic works. (Young, 1997, p. 152). We can say that Young describes paid domestic works as a field that class differences are experienced.[2] This is the most important reason why paid domestic labor is different from any employment field.
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Employer-Employee Relation in Paid Dometic Labour
The one who employs and manages the paid domestic worker can be both a man or a woman but it is usually a woman. There is always a hierarchy between the woman who employs the domestic worker and the domestic worker as a maid or a servant. The fact that employers and workers have different identities and backgrounds supports this hierarchy. Race/ethnicity, country of origin, immigration/ citizenship status, and language are the components that create the domestic workers’ identities and backgrounds. Furthermore, these differences are effective to alter the process and complexion of the employer-employee relationship.[1]
The class differences among employers and workers cause to become different their womanhood. In other words, different womanhoods are associated with each other and the difference arises from challenging each other and degrading each other.[2]
It is important how the employer women perceive the domestic workers because a domestic worker’s working place is her employer’s house. Employers’ perception acts a determinant role to occur working conditions. When the working conditions are not good enough to work safely, the workers might face some problems.
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The Problems That Paid Domestic Workers Encounter
The problems that workers in home services encounter consist of social security, working conditions, occupational health and safety, remuneration, and workplace harassment and violence.[1] While investigating the reasons behind the problems, working without insurance, and employer’s omission can not be underestimated. Employers are putting the lives of workers at risk by not taking the necessary precautions. Lack of precaution causes physical accidents to occur. Problems arising from working without insurance are more than the others.
In the world, the women who work in the home services are not completely reflected in the statistics. Usually, these women are not perceived as a worker hence they are deprived of legal protection in the employment. The problems that workers encounter are not restricted to social security, workplace harassment, remuneration, etc. Although the domestic workers’ working duration is an extended period, their low wage is not corresponded with their labor. There is no regulation pertaining to daily and weekly working hours hence it causes to occur an exploitative attitude toward the domestic workers, especially for the ones who must work live-in.[2] Inadequacy of nourishment and sheltering conditions, and being deprived of privacy of individual life are the other common problems that domestic workers encounter.
There are contracts, regulations that are in different features in order to prevent these problems and inconveniences. The legal security of domestic workers serves the purpose to guarantee their rights.
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Social Insurance of Paid Domestic Workers
It was a debatable subject for a long time whether to take paid domestic workers into the scope of social insurance or not. Most of the employers have chosen to employ these domestic workers informally and unregistered because of the excessive social security support contribution and bureaucratic difficulties in the insurance system. There is not any conducted inspection that is regarded to this situation. There are some improvements were needed such as to endeavor the domestic workers for registered and formal employment, and to ameliorate the working conditions.[1]
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Regulations for Paid Domestic Workers
International Regulations
International Regulations regarding women consist of the Universal Declaration of Human Rights, the laws of the United Nations, International Labour Organization, UNESCO, OECD, and the agreements that are signed by many nations, European Union’s statutory rules, and orders. CEDAW is an agreement contract that is adopted by the UN in 1979, and it aims to provide equality of opportunity in social, cultural, economic, and political fields for women.[1]
According to the first article of ILO convention no.189; ‘domestic work’ refers to the work that is done for a household or households, and ‘domestic worker’ refers to the person who is entrusted with domestic work in an employment relationship.[2] Turkey has not yet ratified the convention yet. It is an important convention that guarantees the social rights of those working in home services.
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National Regulations
In Turkey, the legal framework regarding domestic workers is complicated and ineffectiveness. Occupational Health and Safety Law no.6331 and Labor Law no.4857 exclude domestic workers. In fourth articles of Labor Law no.4857, the ones who work in home services as a baby-sitter, cook, housekeeper, servant, maid are not counted.[1]
On the other hand, although home services are not included in the scope of Labor Law, both in Supreme Court’s decisions and the doctrine, Labor Law is used with comparison in order to enlighten the regulations that are related to domestic workers.[2]
According to Supreme Court, a domestic worker is described as the one who is not subject to Labor Law and also who is an insured employer. Therefore, domestic workers’ cases regarding the action of debt do not concern Labor Courts. The domestic worker must open a lawsuit in General Court, and Local Court finds out whether the worker works in home services or not. In addition, Local Court must not apply the provisions of the Labor Law for the domestic workers.
The workers who are not included in the scope of Labor Law are subject to Law of Obligations no.6098. According to the Law of Obligations, there is a contract of service between the employer and the domestic worker. In this contract, the employee is dependent on the employer for a certain or unspecified period of time, and the employer undertakes to pay the employee according to the time or work done. There is no contract of service if there is no paid employment. In this context, the domestic worker makes work for a certain period of time, which is covered by domestic services, and if the work is accepted by the employer, a service contract is established between them.[1]
Home services and domestic workers are not subject to Social Security and General Health Insurance Law, too. The reason for this situation is that working places are uninspectable because of the privacy of working places as a house.
In recent years many amendments were made to the legislation. Law no.6552 replaced with Social Insurance and Universal Health Insurance Law no.5510. With the additional article of Law no.5510, domestic workers were taken into the scope of social security.[2]
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Conclusion
Domestic workers encounter many problems because of deprivation of insurance, and abusive attitudes of their employers. Although there are both national and international regulations to embody their juridical status, most of them aren’t sufficient.
Paid domestic labor is subject to different laws from other employment fields because of its feature. Domestic workers cannot exercise a privilege these are given by Labor Law, it is subject to the Law of Obligations.
Thanks to the last amendment which is entered into force in 2015, domestic workers have gained a better legal status. According to new Law no.5510, there is a distinction between workers who work for 10 days or more and workers who work for less than 10 days. Workers whose working duration are more than 10 days are accepted insured. This amendment has obligated the obligation of notification. Also, the alternative procedures of premium payment make easier insurance transactions, and this implementation provides to decrease the number of unregistered workers.[1]
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Bibliography
- BUTLER, Judith (1990),Gender Trouble,Routledge (Translator: Ertür,Başak (2008),Cinsiyet Belası,2018,Metis).
- BORA, Aksu (2005),Kadınların Sınıfı: Ücertli Ev Emeği ve Kadın Öznelliğinin İnşası, 2016,İstanbul,İletişim.
- HOOKS,Bell (2000), Feminism is for Everybody: Passionate Politics, South End Press (Translators: Aydın, Ece&Kurt,Berna&Özgün,Şirin&Yıldırım,Aysel (2016), Feminizm Herkes İçindir: Tutkulu Politika,bgst).
- STIELL, Bernadette& ENGLAND, Kim (1997) ‘Domestic Distinctions: Constructing Difference Among Paid Domestic Workers in Toronto’, Gender, Place, Culture: A Journal of Feminist Geography, volume: 4, issue:3
- MANAV, A. Eda (2015), Ev Hizmetlerinde Çalışanların Sigortalılığı, Türkiye Barolar Birliği Dergisi, s.e.t 11.04.2018
- BAKAN,Abigail& STASILUS,Davia (Editors) (1997) Not One Of The Family:Foreign Domestic Workers in Canada, University of Toronto Press, Copyright.
- TURAN,Süreyya (2018), ‘Kadının Çalışma Hayatı’, Güncel Hukuk, vol.:170, issue: March-April 2018
- ERDOĞAN, Seyhan& TOKSÖZ, Gülay (2013) ‘The Visible Face of Women’s Invisible Labour: Domestic Workers in Turkey’ Conditions of Work and Employent Series, No.:42
[1]Manav, p.536
[1]Erdoğdu&Toksöz, p. 21
[2]Manav, p.509
[1]Manav, p.512-513.
[2]Erdoğdu&Toksöz, p.20
[1]Turan, Süreyya (2018), ‘Kadının Çalışma Hayatı’, Güncel Hukuk, vol.:170, issue: March-April 2018, p. 12-13.
[2]Domestic Workers Convention, 16 Jun 2011.
[1]Erdoğdu&Toksöz, p.3 .
[1]Manav, A. Eda (2015), Ev Hizmetlerinde Çalışanların Sigortalılığı, Türkiye Barolar Birliği Dergisi, s.e.t 11.04.2018
[2]Erdoğan, Seyhan& Toksöz, Gülay (2013) ‘The Visible Face of Women’s Invisible Labour: Domestic Workers in Turkey’ Conditions of Work and Employent Series, No.:42, p. 17-19
[1]Manav, A. Eda (2015), Ev Hizmetlerinde Çalışanların Sigortalılığı, Türkiye Barolar Birliği Dergisi, s.e.t 11.04.2018
[2]Erdoğan, Seyhan& Toksöz, Gülay (2013) ‘The Visible Face of Women’s Invisible Labour: Domestic Workers in Turkey’ Conditions of Work and Employent Series, No.:42, p. 17-19
[1]Stiell, Bernadette& England, Kim (1997) ‘Domestic Distinctions: Constructing Difference Among Paid Domestic Workers in Toronto’, Gender, Place, Culture: A Journal of Feminist Geography, volume: 4, issue:3, p. 340-344.
[2]Bora, p. 57-58
[1]Manav, A. Eda (2015), Ev Hizmetlerinde Çalışanların Sigortalılığı, Türkiye Barolar Birliği Dergisi, s.e.t 11.04.2018
[2]Bora, Aksu (2005) Kadınların Sınıfı: Ücretli Ev Emeği ve Kadın Öznelliğinin İnşası, 2016, İstanbul, İletişim, p. 72-75.
[1]Turan, Süreyya (2018), ‘Kadının Çalışma Hayatı’, Güncel Hukuk, vol.:170, issue: March-April 2018, p. 12-13.
[2]Hooks, Bell (2000), Feminism is for Everybody: Passionate Politics, South End Press (Translators: Aydın, Ece& Kurt, Berna& Özgün, Şirin& Yıldırım, Aysel (2016), Feminizm Herkes İçindir: Tutkulu Politika, bgst ), p. 67.
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