New Report: 90 Percent of the World’s Domestic Workers Lack Social Security Protection

“I would like that we stop being invisible to society,” says Maria Esther Bolaños, who works as a housekeeper in Chicago. Domestic workers ​“want to be respected and valued,” says Magdelena Zylinska, a domestic worker, also in Chicago who’s been cleaning homes since 1997. ​“That’s so little really, just to be treated with respect,” says Zylinska. ​“Everybody who works wants that. We’re not asking for anything extraordinary.”

Historically, most U.S. domestic workers have been excluded from labor protections granted other workers, explains Zylinska. But ​“we are normal people with children and financial responsibilities,” she says. ​“That’s why I think it’s important that people recognize us as workers in general and give us more support and rights just as regular workers.”

Both Bolaños and Zylinska are working with groups that are part of the National Domestic Workers Alliance for passage of an Illinois state law that would extend basic employment protections to domestic workers. Among these provisions are written contracts, schedules that specify work hours, meal and other breaks and coverage by state laws that guarantee minimum wages, one day of rest in seven and those of the Illinois Human Rights Act.

If passed, the Illinois bill — known as the Domestic Workers Bill of Rights (HB1288)— would be the seventh such U.S. state bill. So far only California, Connecticut, Hawaii, Massachusetts, New York and Oregon have comparable laws.

Nationally, U.S. domestic workers are covered by Social Security but not by the Occupational Health and Safety Act. Nor do they receive benefits of the Family and Medical Leave Act, Americans with Disabilities Act or the Age Discrimination in Employment Act. And until 1974, when Congress extended the Fair Labor Standards Act to cover domestic workers, U.S. workers employed directly by households were without minimum wage and overtime protections. In 2013, a new Department of Labor rule revised regulations to better cover domestic caregivers under the Fair Labor Standards Act, but leaves U.S. domestic workers without many basic employment protections.

“We have no basic benefits like sick leave,” explains Sally Richmond, who has worked for years providing child care and is a community organizer with the Alliance of Filipinos for Immigrant Rights and Empowerment (AFIRE).

Poor working conditions, long hours and low wages

As described by the ILO report, ​“Domestic work has traditionally been characterized by poor working conditions, long hours, low wages, forced labor and little or no social protection. In other words, domestic workers are exposed to conditions that are far from the concept of decent work promoted by the ILO. This situation largely reflects the low social and economic value societies usually place on this activity. This is often reflected by the absence of adequate laws and the lack of effective enforcement of those that do exist.”

While domestic work is some of the lowest paid and least protected in the world — in some places earning no more than half the average wage — so many people do this work that, according to the ILO, ​“if all domestic workers worked in one country, that country would be the world’s tenth largest employer.” Domestic workers also have some of the longest and most unpredictable work hours of any employees.

Add to this, the fact that most of the world’s domestic workers are women, makes this workforce socially and economically vulnerable to additional discrimination, says the ILO. Extending basic social protections to domestic workers is key to fighting poverty and promoting gender equality, said Philippe Marcadent, Chief of the ILO’s Inclusive Labour Markets, Labour Relations and Working Conditions Branch in a statement. The ILO report also points out that many of the estimated 55 million women engaged in domestic work around the world — a number that is likely an undercount — are also migrants, which adds to their vulnerability to discrimination and unfair labor practices.

“Most of us are immigrants and come from really poor countries,” says Zylinska. There are many domestic workers that are supporting ​“not only their families here but also families in their [home] countries.” Language differences and concerns about immigration status add to the daily employment uncertainties for many domestic workers, say Bolaños and Zylinska.

ILO agreement on domestic workers rights — not ratified by the U.S.

As part of its efforts to improve working conditions and labor protections for domestic workers, in 2011 the ILO adopted what’s called the Domestic Workers Convention that requires countries that ratify the agreement to ensure that domestic workers labor rights are no ​“less favorable” than those of other workers — including with respect to social security protection and maternity protections. The Convention outlines basic labor rights to include working hours, wage, occupational health and safety, child and migrant workers protections. It also underlines the importance of organizations that represent both domestic workers and those who employ them. But so far, only 22 countries have ratified the Convention. The United States is not among them.

Unlike those employed by more formal workplaces — those outside private homes — around the world, domestic workers typically lack comparable enforceable policies on working hours, occupational health and safety protections, maternity leave, workplace inspections and access to information on labor rights — including the right to organize and form unions.

Many domestic workers ​“are afraid to complain for fear of losing their job,” says Richmond. ​“My hope is for this work to be professionalized,” she says. Working with the Union Latina, helps ​“teach us how we can protect ourselves against abuse and wage theft and how we can take sick days,” says Bolaños. ​“We don’t have contracts, today I have a job, tomorrow I don’t have a job. It’s a very unregulated business,” explains Zylniska.

But all these basic workplace and labor protections are feasible and affordable, says the ILO report — even for middle and low-income countries. Yet while it documents increasing social security coverage for domestic workers worldwide, these policies often exclude migrant workers who make up at least one-sixth of this global workforce. While fixing these problems can’t be accomplished by one single policy model, said senior ILO economist Fabio Duran-Valverde in a statement, ​“mandatory coverage (instead of voluntary coverage) is a crucial element for achieving adequate and effective coverage under any system.”

While U.S. law provides protections for domestic worker not guaranteed in other countries, this household-based workforce still lacks coverage provided to other American employees. And given the nature of the domestic workplace ensuring change even when policies shift can be difficult.

“The laws on the books are one thing, but we’ve always been really aware that conditions for domestic workers don’t automatically change when a bill is signed into law,” says National Domestic Workers Alliance campaign director, Andrea Mercado. To make these changes, ​“It’s going to require a culture shift and a public conversation around domestic work and care work and why we should value it,” she says. ​“That’s kind of our struggle,” says Zylinska.

The Illinois Domestic Workers Bill of Rights now has 21 Senate and 33 House sponsors. A spokesperson for lead sponsor state Senator Ira Silverstein said the bill is expected to be reintroduced this month and could move swiftly toward a vote.