HELPING TO MAKE FUNDAMENTAL RIGHTS JUSTICE A REALITY FOR EVERYONE IN THE EUROPEAN UNION Out of sight: migrant women exploited in domestic work This paper addresses matters related to often remain illusory. Upholding labour law stand- human dignity (Article 1), the prohibition of ards in domestic work is difficult: workers may not slavery, forced labour and trafficking in human be aware of their rights, employers may not be com- beings (Article 5), respect for private and family mitted to labour law standards, and labour inspec- life (Article 7), fair and just working conditions torates are usually not allowed to enter the domes- (Article 31) and the right to an effective remedy tic households where work is carried out. (Article 47), falling under Chapters ‘Freedoms’, ‘Solidarity’ and ‘Justice’ of the Charter of Domestic workers are also at heightened risk of Fundamental Rights of the European Union. experiencing severe labour exploitation – particu- larly exploitative working conditions that deviate significantly from standard working conditions as “I started at 04.30, I go and wake up the kids and make defined by legislation or other binding legal regu- breakfast and go to the school. When I come in from lations. This concerns in particular remuneration, the school I prepare lunch and dinner. I had no rest. working hours, leave entitlements, health and safety Just continuous.” standards and decent treatment. In some cases, (United Kingdom, interviewee from the Philippines) domestic workers experience the most severe forms of labour exploitation, equalling slavery, servitude “I endured a great deal of humiliation. Sometimes I even and forced labour. had to sleep on the floor, lying just over a duvet.” (Portugal, interviewee from Brazil) In a 2011 report on migrants in an irregular situa- tion employed in domestic work in 10 EU Member Domestic workers contribute much to the EU’s soci- States, FRA identified domestic workers as being eties and their economies. Their important work at a heightened risk of exploitation and abuse, complements public social protection systems in including sexual abuse. Professionals interviewed EU Member States where such systems are not well by FRA for its 2015 report on Severe labour exploi- developed, or their scope was reduced during the tation: workers moving within or into the European economic crisis. Their work in private homes also Union described the exploitation of foreign domes- enables more women to participate in upper seg- tic workers as a ‘grey area’, where “exploitation of ments of the labour market. migrant women in the domestic sphere is so com- mon that it is often not conceived of as a human In spite of the economic and societal importance rights violation”.2 The professionals testified that of the 2.5 million domestic workers working in the severe exploitation of domestic workers is often EU – the vast majority women1 – their rights too fostered by a complete lack of monitoring. 1 European Parliament (2016), Report on women domestic work- 2 FRA, 2015, Severe labour exploitation: workers moving within ers and carers in the EU, 2015/2094(INI), Brussels, 5 April 2016. and into the European Union, p. 53. 1 Out of sight: migrant women exploited in domestic work Legal and policy context The term ‘domestic worker’ is used to refer to forced labour and trafficking in human beings. EU law housekeeping and caring for dependents, such as also forbids the employment of irregularly staying children, older persons and persons with disabil- third-country nationals under particularly exploit- ities. Human rights standards on the protection ative working conditions.4 In addition, the EU has of workers’ rights and against labour exploitation a strong legal framework to counter trafficking in apply to domestic workers. According to a report human beings. However, as the European Com- published by the International Labour Organisation mission notes, domestic work is a sector in which (ILO), “[d]omestic workers are often not identified victims of trafficking end up being exploited. Such as workers in law, resulting in a de jure exclusion exploitation is particularly difficult to detect as vic- from the right to organize and to bargain collectively. tims (primarily women and girls) “are often isolated Sometimes domestic workers are excluded on the with limited or no opportunities to report or escape basis that the home is not considered a workplace.”3 the exploitation”.5 “We, the domestic workers, are not covered in the labour International organisations, such as the Interna- law. So that is why … we are not categorised as workers, tional Labour Office (ILO), the United Nations (UN), we are categorised as family members.” the Organization for Security and Co-operation in (United Kingdom, interviewee from the Philippines) Europe (OSCE) and the International Trade Union Confederation (ITUC), have in recent years strongly At EU level, Article 31 of the Charter of Fundamen- advocated to establish decent working conditions tal Rights of the EU stipulates that every worker – for domestic workers on a global scale. The ILO 2011 regardless of nationality or migration status – has Convention concerning decent work for domestic the right to ‘fair and just’ working conditions that workers (Convention No. 189 – hereinafter ‘Domes- respect his or her health, safety and dignity. Arti- tic Workers Convention’) and national labour law cle 5 of the Charter prohibits all forms of slavery, seek to protect domestic workers against work FRA ACTIVITY FRA’s work on severe labour exploitation This is the first of three publications based on exploited workers’ first-hand accounts of their experiences of severe labour exploitation, as shared with FRA in 2017. The three publications extend the evidence beyond the views of professionals who deal with labour exploitation, which the agency covered in its 2015 report. The stories of the domestic workers FRA interviewed for this paper reveal appalling working conditions and fundamental rights abuses in private homes across the EU. These stories indicate that, seven years on from FRA’s first report on domestic workers in 2011, little has changed in terms of the risks and experiences of severe labour exploitation domestic workers in the EU face. This first paper: • describes the particularly exploitative working conditions experienced by 51 migrant women – both EU and non-EU nationals – who worked as domestic workers in selected EU Member States between 2013 and 2017; • outlines risk factors that lead to severe labour exploitation of domestic workers and presents opinions about how EU Member States can counteract these risks. The second report, forthcoming in September 2018, looks at exploited workers’ (237) experiences of workplace inspections, while the third report (planned in 2019) will present a comparative overview of severe labour exploitation as experienced by 237 workers in eight EU Member States. 4 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally stay- ing third-country nationals, OJ 2009 L 168. 5 European Commission (2016), Report on the progress made in 3 ILO, “Domestic workers organize – but can they bargain?”, the fight against trafficking in human beings, {SWD(2016) 159 ILO’s Work in Progress, February 2015. final}, Brussels, 19 May 2016. 2 Out of sight: migrant women exploited in domestic work situations that deviate significantly from standard in the EU (hereinafter ‘2016 European Parliament working conditions, notably regarding pay, working resolution’),9 calling on the Commission and Mem- hours, leave, health and safety and decent treat- ber States to take action to ensure “that domestic ment. As of May 2018, only six EU Member States workers and carers have genuine workers’ rights – Belgium, Finland, Germany, Ireland, Italy and Por- and social protection through labour legislation or tugal – have ratified the Domestic Workers Con- collective agreements.”10 Given the predicted growth vention. The (revised) European Social Charter of in demand for care workers in private households, the Council of Europe (ratified by 20 EU Member the resolution stresses that “non-action will come States) also contains labour law standards, such as at a high cost for both society and the workers an obligation for employers to provide for reasona- concerned”. ble working hours, paid holidays and a weekly rest period.6 The European Social Charter also guaran- Looking forward, the new European Labour Author- tees workers’ rights to safe and healthy working ity (to be established in 2019) should – among other conditions, to fair remuneration and to protection tasks – serve to facilitate access for workers (gen- of their dignity at work.7 erally) to information on their labour law and social security rights and to employers on their obligations. Recent EU policy documents reflect the commit- Linked to the implementation of the European Pil- ment of EU institutions and bodies to cooperate lar of Social Rights, the Commission has proposed with EU Member States to advance the rights of a directive on transparent and predictable work- domestic workers. A Council Decision of 28 Janu- ing conditions in the European Union.11 The pro- ary 2014 authorised Member States to ratify the posal aims to promote more secure and predicta- Domestic Workers Convention, noting it as “a con- ble employment by improving workers’ access to tribution to the European Union’s effort to promote information concerning their working conditions. decent work for all.”8 Acknowledging that domestic workers are often not recognised as having worker status, the pro- In April 2016, the European Parliament adopted the posed directive also aims to bring domestic work- Resolution on women domestic workers and carers ers within its scope. Evidence base: who was interviewed? While the views and experiences of the 51 domes- 2013 and 2017, including 51 persons exploited tic workers interviewed cannot be considered as in domestic work.