Case Study of Domestic Workers' Organizing
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ISHA NEWSLETTER International Social History Association
Vol. 7 | No. 1 | December 2018 ISHA NEWSLETTER International Social History Association CONTENTS 1. Labor and historical periodization of capitalism by Alessandro Stanziani >>> 2. Labor Feminists and Domestic Workers by Eileen Boris >>> 3. The Latin American Problem in the Liberal Mind: Adolph Berle and the Limits of Anti-Communism as Social Policy by Leon Fink >>> 4. Cooperation across disciplines: The Bonn Center for Dependency and Slavery Studies (BCDSS) by Jeannine Bischoff >>> 5. Co-existence and interaction between free and unfree labour: The workers’ perspective, Turin, 21–22 September 2018 by Giulia Bonazza >>> Labor and historical periodization of capitalism by Alessandro Stanziani* Unlike Polanyi, I will not speak of a “great transformation” to show a break in the eighteenth and early nineteenth centuries that swept away the old pre-capitalist world through enclo- sures and the poor law and replaced it with a self-regulating economy which, in turn, is said to have been replaced by a new form of interventionism in the twentieth century. This chro- nology is false not only because the privatization of lands,1 the proletarization of the peasant- ry (see here after) and the mechanization fully developed only after the mid-nineteenth cen- tury, but also because the nineteenth-century market was anything but self-regulated.2 On the contrary, there is no reason to oppose the liberal nineteenth century to the eighteenth and twentieth centuries described as interventionist, each in its own way. What differentiated these periods was not liberalism versus regulation, but different forms of regulation, with different aims, goals, and tools. Eighteenth and nineteenth century liberal interventions sup- ported increasing social and economic inequalities, while since the late nineteenth century state intervention sought to reduce inequalities, although only between labor and capital in- side each country and increased inequalities between the main land and its colonies. -
Unfree Labor, Capitalism and Contemporary Forms of Slavery
Unfree Labor, Capitalism and Contemporary Forms of Slavery Siobhán McGrath Graduate Faculty of Political and Social Science, New School University Economic Development & Global Governance and Independent Study: William Milberg Spring 2005 1. Introduction It is widely accepted that capitalism is characterized by “free” wage labor. But what is “free wage labor”? According to Marx a “free” laborer is “free in the double sense, that as a free man he can dispose of his labour power as his own commodity, and that on the other hand he has no other commodity for sale” – thus obliging the laborer to sell this labor power to an employer, who possesses the means of production. Yet, instances of “unfree labor” – where the worker cannot even “dispose of his labor power as his own commodity1” – abound under capitalism. The question posed by this paper is why. What factors can account for the existence of unfree labor? What role does it play in an economy? Why does it exist in certain forms? In terms of the broadest answers to the question of why unfree labor exists under capitalism, there appear to be various potential hypotheses. ¾ Unfree labor may be theorized as a “pre-capitalist” form of labor that has lingered on, a “vestige” of a formerly dominant mode of production. Similarly, it may be viewed as a “non-capitalist” form of labor that can come into existence under capitalism, but can never become the central form of labor. ¾ An alternate explanation of the relationship between unfree labor and capitalism is that it is part of a process of primary accumulation. -
NDWA Domestic Worker Sample Contract
Domestic Worker Employment Agreement The Employer and Domestic Worker should negotiate the terms of the agreement to best suit both parties. This agreement is entered into between ___________________ (“Employer”) and __________________(“Domestic Worker”) on ________________(date). 1. Beginning date of employment: 2. Employment length:! □ Until either party terminates the agreement. □ For a fixed term: ______________# of □ Month(s) □ Year(s) □ Other:____________ 3. Position Title: 4. Supervisor Name: Contact Information: 5. Location of Employment (address): 6. Employer’s Address: 7. Work Responsibilities (check all that apply and, if applicable, describe nature): □ Housekeeping □ House cleaning! □ Home management! □ Childcare and nanny services Description of child(ren) (number of children, name, age, gender, etc.): ______________________________________________________________________ ______________________________________________________________________ Description of duties related to care of child(ren): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ □ Adult care, including sick, convalescing, and elderly individuals Description of adult(s) (number of adult(s), name, age, gender, etc.): ______________________________________________________________________ ______________________________________________________________________ Description of duties related to care of adult(s): -
Legal Protection for In-Home Care Workers in the United States
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law 2016 Serving in the Master’s House: Legal Protection for In-Home Care Workers in the United States Michael Fischl University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Labor and Employment Law Commons Recommended Citation Fischl, Michael, "Serving in the Master’s House: Legal Protection for In-Home Care Workers in the United States" (2016). Faculty Articles and Papers. 491. https://opencommons.uconn.edu/law_papers/491 Reprinted from Employment Relations and Transformation of the Enterprise in the Global Economy (Edoardo Ales, Francesco Basenghi, William Bromwich, & Iacopo Senatori, eds.) (Giappichelli, Turin) (2016), with permission graciously provided by the publisher. Serving in the Master’s House: Legal Protection for In-Home Care Workers in the United States Richard Michael Fischl∗ SUMMARY: 1. Introduction. – 2. Labor stories. – 3. The emerging law of in-home care work: Three initiatives. – 4. Evaluating the initiatives. – 5. References. – Appendices. 1. Introduction This essay will focus on the developing forms of legal protection available in the United States to those whose principal place of work is another person’s home and 1 who are paid to do what is broadly referred to as “care work.” The particular services vary widely – from housecleaning, to child care, to companionship and routine health care management for the elderly and the infirm – but the labor market demographics do not: This is low-wage/no-benefit work performed almost exclusively by women and primarily by women of color and of extra-national origin (Blackett, 2011; Boris, Klein, 2015; Markkanen, Quinn, Sama, 2015). -
The Echoes of Slavery: Recognizing the Racist Origins of the Agricultural and Domestic Worker Exclusion from the National Labor Relations Act
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2011 The choE es of Slavery: Recognizing the Racist Origins of the Agricultural and Domestic Worker Exclusion from the National Labor Relations Act. Juan F. Perea Loyola University Chicago, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Labor and Employment Law Commons Recommended Citation Perea, Juan F., The choeE s of Slavery: Recognizing the Racist Origins of the Agricultural and Domestic Worker Exclusion from the National Labor Relations Act, 72 OHIO ST. L.J. l 95 (2011). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. The Echoes of Slavery: Recognizing the Racist Origins of the Agricultural and Domestic Worker Exclusion from the National Labor Relations Act JUAN F. PEREA* TABLE OF CONTENTS I. THE SOCIAL AND POLITICAL CONTEXT OF THE NEW DEAL ............ 100 A. Blacks and Southern Agriculture........................................... 100 B. The Politics of the New Deal.................................................. 102 II. THE EXCLUSION OF BLACKS FROM THE NEW DEAL ...................... 104 A. The NationalIndustrial Recovery Act (1933) ........................ 104 B. AgriculturalAdjustment Administration (1933) .................... 107 C. The Social Security Act (1935) ............................................... 109 D. The FairLabor StandardsAct (1938).................................... 114 III. THE NATIONAL LABOR RELATIONS ACT AND ITS EXCLUSION OF AGRICULTURAL AND DOMESTIC EMPLOYEES .............................. 118 A. The Legislative History of Section 152(3) .............................. 118 B. InterpretingSection 152(3) of the NLRA as Racially D iscriminatory ....................................................................... -
1 What Is to Be Done for Migrant Domestic Workers?
What Is to Be Done for Migrant Domestic Workers? Virginia Mantouvalou∗ This piece appears in the book Labour Migration in Hard Times, B Ryan (ed), Institute of Employment Rights, 2013, http://www.ier.org.uk/publications/labour-migration-hard- times-reforming-labour-market-regulation The position of migrant domestic workers is nowadays at the forefront of discussions on labour migration and regulation both at national level in many legal orders, and at international level in the context of the International Labour Organisation and the European human rights system. Domestic workers are mostly migrant women, who work in the privacy of the employers’ home. Even though their work is invaluable in many households, it is systematically undervalued. It is well-documented that they are often employed in unfair conditions, which in extreme cases international bodies have even classified as ‘modern slavery’. Their position is uniquely vulnerable, for they may be hidden from the authorities and other networks of support. This chapter discusses the position of domestic workers. It first explains what domestic work is and what challenges it presents. The second part turns to the vulnerabilities of migrant domestic workers, which are created or reinforced through their exclusion or special treatment in law. I call this exclusion or special treatment ‘the legislative precariousness of domestic workers’ and examine it in the context of labour and immigration law. The third part focuses on the United Kingdom (UK) overseas domestic workers visa and argues that it risks breaching European human rights law, because it potentially leads to situations of modern slavery. Many aspects of the law must change for domestic work to be viewed as decent work, and the overseas domestic workers’ visa is an area of priority. -
Solutions, Not Scapegoats: Abating Sweatshop Conditions for All Low-Wage Workers As a Centerpiece of Immigration Reform
\\server05\productn\N\NYL\10-3\NYL305.txt unknown Seq: 1 25-OCT-07 14:41 SOLUTIONS, NOT SCAPEGOATS: ABATING SWEATSHOP CONDITIONS FOR ALL LOW-WAGE WORKERS AS A CENTERPIECE OF IMMIGRATION REFORM Rebecca Smith and Catherine Ruckelshaus* I. INTRODUCTION Across the country, low-wage workers are all too frequently paid less than the minimum wage, denied overtime pay, and retaliated against for speaking up about their treatment. In particular, immigrant workers in the United States work exceedingly hard, often in situa- tions of wage exploitation, discrimination, and exposure to life-threat- ening dangers on the job. Because of their recent arrival in the United States, undocumented immigrants can face especially staggering ob- stacles to obtaining even the basic necessities for survival, leaving them vulnerable to exploitation by unscrupulous employers. Protection of the labor rights of undocumented workers has not been central to the national debate on immigration reform. Instead, the major focus of discussion has been border security, and the tenor of the debate has often demonized immigrant workers, with some commentators making frequent references to an “illegal immigrant in- vasion.”1 To the extent that workers are discussed, the question has * Rebecca Smith is the Coordinator of the Justice for Low-Wage and Immigrant Workers Project, and Catherine Ruckelshaus is the Litigation Director at the National Employment Law Project. We would like to thank our former colleague Amy Sugimori, as well as Ana Avendano, Mary Bauer, Michael Dale, Marielena Hincapie, Tyler Moran, and Art Read for their help and ideas as we have thought through the recommendations outlined here. -
DOMESTIC WORK POLICY BRIEF 9 Making Decent Work a Reality for Migrant Domestic Workers
DOMESTIC WORK POLICY BRIEF 9 Making decent work a reality for migrant domestic workers Domestic work from Migrant domestic workers are caught at the crossroads of a migration perspective origin and destination countries’ policies and regulations that govern entry of foreign workers and their insertion In many parts of the world, domestic workers have the into the labour market, as well as their employment face of a migrant woman. For many of them, migration and labour protection. Growing inequalities within and can represent a positive experience and have important between countries are driving more and more women emancipating and empowering impacts. Evidence also into migrating for domestic work. Family welfare, care and shows the important contribution these women make gender equality policies in general, considering that the to the economies and the societies of destination and overwhelming majority of domestic workers are women, origin alike, by sustaining and renewing human life and also have a significant impact on migrant womens’ households, and fostering productivity, economic growth participation in the sector. and human development. Responses to these complex challenges must therefore Globally, domestic workers face serious decent work be multidimensional and should be placed within broader deficits, including poor wages, excessive working hours efforts to promote decent work for national domestic and little rest, but among them migrants are particularly workers, gender equality and good governance of labour exposed to human rights, including labour rights, violations migration. at each stage of the migration cycle – during recruitment, the journey across borders, working in a foreign country, This policy brief seeks to: and returning to their countries of origin or re-migrating. -
Representation of 'Masculinities' in Bombay Cinema: Millennial
Representation of ‘Masculinities’ in Bombay Cinema: Millennial Men Exploring the visual representations of masculinities in Bombay cinema and the narratives pertaining to the construction of a ‘nationalist’ identity in Lakshya. A Research Paper presented by: Vemuri Nagalaxmi Sushrutha (India) in partial fulfilment of the requirements for obtaining the degree of MASTER OF ARTS IN DEVELOPMENT STUDIES Major: Social Justice Perspectives: Human rights, Gender and Conflict Studies. (SJP) Members of the Examining Committee: Dr. Dubravka Žarkov Karen Gabriel The Hague, The Netherlands November 2017 December 2017 ii Cinema’s characteristic forte is its ability to capture and communicate the intimacies of the human mind. Satyajit Ray iii Table of Contents Acknowledgements vi Abstract vii Chapter 1 Introduction 8 Origin and legacy: 8 Towards critical research: 9 Chapter 2 : Theoretical foundations 11 Gender 11 Unpacking gender: 11 Crisis of Masculinity: 12 Representation 14 Towards a film theory: 14 Representing ‘masculine’ characters: 16 The new man image: 18 Nationalism 19 Nation and Nationalism: 19 War and masculinity: 21 Nationalism in India- Hindu Nationalism: 21 Chapter 3 : Context 24 Hindi Hero: 24 Research Questions: 28 Chapter 4 : Methodology 29 Method: 29 Researcher’s bias and positionality: 30 Sample: 32 iv Plot: 32 Chapter 5 : Analysis 35 Making of the man: 35 Father: 36 Love interest: 38 Friends: 41 The army: 44 Music: 46 Narrative of the film: 47 Chapter 6 : Conclusions 48 Reflecting on the New man: 48 Limitations and scope: 49 References: 52 v Acknowledgements To all those who kept me motivated during the melancholy rainy days. To my mom and dad, for showing faith in me and supporting me throughout. -
Domestic Workers
SNAPSHOT ILO IN ACTION DOMESTIC WORKERS A growing number of countries are taking measures to improve the living and working conditions of domestic workers. But the momentum needs to be stepped up to ensure that domestic workers worldwide enjoy labour rights, just like other workers. © M.Crozet/ILO © M.Crozet/ILO © M.Crozet/ILO © M.Crozet/ILO OVERVIEW Every day tens of millions of people throughout women and girls in domestic work. However, the world clean other people’s homes, cook their abuses also include long hours of arduous work meals and watch over their children. Their work without rest and unfair pay practices such as contributes to national economies and labour excessive deductions for accommodation and markets by enabling others to carry out their food. Such abusive conditions are widespread own jobs. and have particularly serious consequences for domestic workers and their families. Indeed, Yet, domestic workers very often lack recognition without basic needs and material provisions as real workers, and constitute one of the most being met, millions of women and girls are not vulnerable categories of workers. Only about ten able to realise their human rights and live in per cent of them are covered by labour legislation freedom and dignity. to the same extent as other workers, while more than 25 per cent are completely excluded. More In 2011, the International Labour Conference than 80 per cent of workers in the sector are adopted the Domestic Workers’ Convention women, many of them migrants and members No. 189, the first international standards laying of disadvantaged communities. down minimum labour protections for domestic workers. -
Annual Report | 2019-20 Ministry of External Affairs New Delhi
Ministry of External Affairs Annual Report | 2019-20 Ministry of External Affairs New Delhi Annual Report | 2019-20 The Annual Report of the Ministry of External Affairs is brought out by the Policy Planning and Research Division. A digital copy of the Annual Report can be accessed at the Ministry’s website : www.mea.gov.in. This Annual Report has also been published as an audio book (in Hindi) in collaboration with the National Institute for the Empowerment of Persons with Visual Disabilities (NIEPVD) Dehradun. Designed and Produced by www.creativedge.in Dr. S Jaishankar External Affairs Minister. Earlier Dr S Jaishankar was President – Global Corporate Affairs at Tata Sons Private Limited from May 2018. He was Foreign Secretary from 2015-18, Ambassador to United States from 2013-15, Ambassador to China from 2009-2013, High Commissioner to Singapore from 2007- 2009 and Ambassador to the Czech Republic from 2000-2004. He has also served in other diplomatic assignments in Embassies in Moscow, Colombo, Budapest and Tokyo, as well in the Ministry of External Affairs and the President’s Secretariat. Dr S. Jaishankar is a graduate of St. Stephen’s College at the University of Delhi. He has an MA in Political Science and an M. Phil and Ph.D in International Relations from Jawaharlal Nehru University, Delhi. He is a recipient of the Padma Shri award in 2019. He is married to Kyoko Jaishankar and has two sons & and a daughter. Shri V. Muraleedharan Minister of State for External Affairs Shri V. Muraleedharan, born on 12 December 1958 in Kanuur District of Kerala to Shri Gopalan Vannathan Veettil and Smt. -
Global and Regional Estimates on Domestic Workers DOMESTIC WORK
DOMESTIC WORK POLICY BRIEF 4 Global and regional estimates on domestic workers Around the world, millions of domestic workers clean and tend to undercount domestic workers, these estimates cook, look after children, take care of elderly people in should be seen as a lower bound for the true extent of need of help, and do other tasks for private households. domestic work. However, while we are likely to miss some Their work has been crucial for greater participation of domestic workers, the fi gures presented in this brief are women in the labour market, often in the absence of a solid minimum estimate that provides a lower bound for work-family reconciliation policies, and enabled elderly the true number of domestic workers. people to stay independent and receive care at home. Yet, domestic workers often lack the social recognition and many of the legal protections enjoyed by other 1. Statistical estimates on the prevalence of workers. In fact, to date no one quite knows how many domestic work domestic workers there are around the world. While In order to arrive at a reliable and verifi able minimum some estimates on the number of domestic workers have estimate for the number of domestic workers worldwide been produced and researchers have made an effort to and by region, three important issues have to be compile national data,1 the ILO and others have relied so addressed. Firstly, clarity in the defi nition of the term far on tentative, informal approximations on the extent of “domestic worker” has to be achieved, and this defi nition domestic work.