Domestic workers see hope of a better deal in ILO treaty

The law providing for better pay and enhanced benefits for domestic workers has gained international status, giving urgency to the push to fully implement it locally.

This follows last week’s move by the Philippines to ratify Convention 189 of the International Labour Organisation that sets out salary schemes and benefits that have so far remained a pipe dream for most domestic workers.

The Philippines became the second country to ratify the treaty, which was passed in June 2011, after Uruguay ratified it on June 14 this year, meeting the minimum number of ratifications needed to bring it to effect.

The ILO convention demands that countries enact rules that see domestic workers receive annual leave, maternity leave, social security cover and nothing less than minimum wage. The convention hopes to protect over 100 million domestic workers.

Kenya voted for the convention to be passed last year but is yet to ratify it, meaning that the provisions are not yet enforceable locally. However, most of the provisions of the convention are already part of Kenyan law, having been gazetted by Labour minister John Munyes.

The notice set Sh7,586 as the minimum wage an employer can pay a resident domestic servant in Nairobi. It also sets mandatory weekly 48-hour break, higher than the 24 hours stipulated in the international agreement.

Further, it makes provisions for annual leave and compulsory contributions to the National Social Security Fund of Sh200 and the National Hospital Insurance Fund of Sh320 per month. An employer who fails to grant the 48-hour break is required to pay domestic workers Sh365 per day, or an additional Sh3,000 per month.

A gazette notice on June 1 this year raises the minimum wage payable to domestic workers working in cities to Sh8,579 per month.

Despite these legal measures, industry players say that domestic workers are still marginalised. Few employers have complied with these provisions.

“We are engaging both the domestic workers and their potential employers in social dialogue so that both parties can understand the need for these measures and arrive at mutual agreements,” said Ms Edith Murogo, director of the Centre for Domestic Training and Development.

She adds that a social shift will be needed before Kenyans can adhere to the rules.

And in a comment sent to Smart Company, Mr Cecil Kuyo, an advocate, says that directives from the Labour ministry need more legal clout.

“The problem with the notice is the scope of its application. My recommendation is that it should be elevated to the status of a statute with different penalties for the different breaches. Currently, the general penalty as provided under section 88 of the Employment Act, 2007 is a Sh50,000 fine and or 3 months’ jail term for employers who are found in breach,” he writes.

Kenyan employers are also reluctant to pay these salaries because, they argue, they already provide their domestic workers with food and housing. This could be construed as payment in-kind.

Last year, the Federation of Kenya Employers pointed out that the salaries proposed would be well beyond the reach of the average Kenyan seeking the services of a domestic worker. The lowest earning civil servant in Kenya, for instance, now makes about Sh8,910.

“It is difficult to tell someone who earns Sh10,000 to pay their house help Sh8,000. Yet, they still need this sort of domestic support,” noted Mr John Ombima, an official of a domestic workers’ union.

What this means is that a move to increase domestic wages could see Kenyans do away with domestic help, or demand higher pay to afford domestic workers.