Domestic Workers' Code a 'Major Step Forward'
18 May 2007
Congress has warmly welcomed the introduction of a new Code of Practice designed to protect domestic workers, describing it as "a major step forward in defending the most vulnerable amongst us."
The Code was introduced as a result of a commitment won by Congress, during negotiations on the current social partnership deal Towards 2016.
According to Congress Assistant General Secretary, Sally Anne Kinahan, the Code, "makes it very, very clear that domestic workers are workers with rights and entitlements and we are determined those rights will be upheld. Gone are the days when a domestic worker became a non-person once they crossed the employer's threshold.
"This is an important step. Congress fought long and hard for this and we have established a level below which employers cannot go. Hopefully, this Code will signal the end of some the more outrageous, Dickensian practices which these very vulnerable workers - predominantly foreign and female - were expected to tolerate."
The Code sets out minimum standards that must apply to all domestic workers and confirms the legal responsibility of employers, towards their employees.
Under the terms of the Code, domestic workers must be provided with written terms and conditions of employment, setting out clearly their duties, rates of pay and hours of work.
This provision should help end a common abuse of domestic workers, which is long working hours and being permanently 'on call'.
The Code also addresses employer 'confusion' about holidays, stating clearly that a domestic worker that accompanies a family on their holidays cannot be considered to have also taken leave.
Importantly, the Code clearly sets out the maximum deductions that can be made from wages, for room and board and prohibits the holding of an employee's personal documentation, such as a passport, by an employer.
The Code was developed by Congress, through negotiation with Ibec and the assistance of the Labour Relations' Commission.