DOMESTIC WORKERS' RIGHTS

Introduction
Labour law & domestic workers’ rights
Domestic Workers’ Foundation
Press releases & publications

Introduction

Domestic Workers – including house helpers, child minders and other such workers – are a particularly vulnerable group in Botswana because domestic work is often seen by both employee and employer as a private issue, rather than formal employment.  They are seen as “part of the family”, or as property (as many women are considered to be), and are sometimes treated more like slaves than employees with labour rights.  The majority are women, putting them at added risk of abuse.  They often do not have a chance or the means to come together with other domestic workers to share their views and have those views heard.

Our research suggests that there are about 110,000 households in Botswana which are sufficiently well-off to employ a domestic worker and are urban or peri-urban.  On this basis, we assume that there are around 110,000 domestic workers in Botswana.

Labour law & domestic workers’ rights

Domestic workers are not covered fully by Botswana’s labour laws, as parts of the Employment Act exclude domestic workers (and agricultural workers).  Consequently:
Employers are not required to pay the minimum wage or to pay overtime rates;
Domestic workers can work for more than 10 hours in a day, although under the law, not for more than 240 hours in a month; and
There are only four legally required public holidays for domestic workers, rather than the eight paid public holidays enjoyed by most workers.

Employment law does, however, provide domestic workers with entitlements, but both employers and domestic workers are poorly informed about their rights.  Given the limited legal protection and knowledge, and the fact that domestic work is often seen – by both employers and employees – as a private matter rather than employment, many domestic workers suffer a number of violations of their human rights.  Key among these are:
Not receiving sufficient payment to live on – in fact many are paid ‘in kind’ with only clothing, food and/or shelter;
Payment in kind in the form of accommodation being treated as reason to take on duties which have not been agreed, such as guarding the property or baby-sitting at all hours;
Not receiving the legally-required severance pay if they leave employment after being employed for more than five years;
Being treated as ‘property’ rather than as an employee;
Specifically or effectively being prevented from visiting family or friends due to working hours and expectations, or outright refusal to allow visitors;
Not being informed properly about dangers associated with appliances, chemicals, electricity or physical activities, such as lifting (and often not being able to read information due to illiteracy);
Being forced to be tested for HIV and/or to disclose test results; and
Being dismissed if they become pregnant.
Not receiving their legal leave entitlements, which should include:
Annual leave – legally domestic workers should be given at least 15 days’ leave a year
Sick leave – legally should be 14 days paid sick leave per year
Maternity leave – 12 weeks’ leave (6 weeks before and 6 after birth), should be paid on at least quarter pay.
Compassionate leave – should be granted as for any employee
Rest and weekends – should include at least one hour off during each day for lunch and rest, and at least 4 days off per month
Public holidays – Christmas Day, New Year’s Day, Good Friday and Botswana Independence Day

Domestic Workers’ Foundation

DITSHWANELO is helping to create, ultimately, a Domestic Workers Union.  Initially, we are supporting a group of domestic workers to understand their legal rights and the limitations and lack of effective protection by the laws, understand the role and functions of unions, and develop skills in managing an organisation, and in bargaining and lobbying government.  The aim is to empower individual domestic workers to take responsibility and action on behalf of this whole, vulnerable, group in society.

Press Statements

Publications

Rights of Domestic Workers - (1996) updated 2002
Know Your Law 1: Labour Law - 1998
Domestic Workers in Botswana – An Action Research Report - 1996.