Hidden lives of domestic workers

Abstract

LAURA GRIFFIN is completing her PhD at the University of Melbourne, Australia Hidden lives of domestic workers Many South Africans know Basotho domestic workers, yet turna blind eye to their exploitation Sitting her MaLerato "Last time in year, her working (not we village her had in real in problems, South Lesotho, name) Africa: MaLerato (not her real name) recounts her time working inSouth Africa: "Last year, wehad problems, andI couldn't pay the children's school fees. Because Ididn't gotoschool, andnot knowing any English, Iwent into domestic service, over there inSouth Africa. Ifelt sobad, leaving my children behind. ...Thework washard, very hard. Igot upat five inthe morning andthen got off ataround midnight. Iwasworking from Monday to Monday. The employers were rude tome;they would beangry tofind mesleeping. It's hard working inthe kitchens, especially for usfrom Lesotho. It's better for people who have rights. The employers like usforeigners because they want tocheat us...Iknew allthe legal obligations, Iknew them very well. But if shedidn't comply with them what could Idoto her? Shewould threaten me, saying that she would call10111 andsend meback to Lesotho. While Iwasthere you would never see me, Iwasalways indoors. Iwasalways afraid of being deported. ...There isnothing nice Icansayabout staying inSouth Africa. It's only nice because Iknew when Iwasworking hard like that, with sweat running down, Iknew Iwasgoing togetmoney atthe end ofthe month, tobring back tomy children. Money isthe only thing that takes me inthere." Sadly, MaLerato's story isnot unique. Based on interviews andobservations carried out over 11 months ofresearch across both countries, this article traces the journeys andworking lives of Basotho migrant domestic workers, andreflects ontheir uneasy relationship with the trade union. Rights without rights While Basotho migrant mineworkers arewellknown asretrenchments have increased in recent years more andmore Basotho women have become breadwinners andentered waged work across the border inSouth Africa. Often domestic service isthe only option, soby calling her friends andfamily, especially those already inSouth Africa, shefinds a jobworking for a black South African family, orperhaps a couple ofyoung professionals from Lesotho. Sheknows her opportunities arelimited, soshe usually accepts whatever isavailable. When sheleaves home andcrosses the Caledon River, the crucial difference between her migration andher father's mine-work kicks in. Domestic workers cannot obtain work permits for South Africa, soshemust hide that she'scoming towork, andaskfor a 30-day visitor's passinstead. Toomuch luggage alsodraws attention, soshe must pack light, andif questioned, invent a story about visiting family. All this deception andsuspicion make the border a very stressful place for Basotho women. Only when shearrives ather employer's house doesa migrant domestic worker find out the working conditions. Pay level andtasks are simply announced by her employer. There isno question ofnegotiation. Shehasnocontract to sign, nopaperwork tofill in. Norights. Of course, under the South African Constitution, 'allpeople inour country' have basic rights, including fair labour practices, with orwithout a legal contract. And according toa recent change ofheart by the CCMA (Commission for Conciliation Mediation &Arbitration) andthe Labour Court, illegal migrants canberegarded as'employees' for the purposes of the Labour Relations Act. But inreality, the fact that migrant domestics areworking illegally creates a special place for them inthe South African job market. Knowing that the employment isillegal, an employer cantake advantage of the opportunity toexploit their domestic worker. There isno threat of the worker calling the Labour Department orCCMA if sheisforced towork overtime, not paid the minimum wage, or dismissed without notice. Asa result, Basotho women have earned a reputation with employers, ascheap, submissive, exploitable labour. Even if sheis aware ofdomestic service regulations, like the minimum wage, the worker's illegality prevents her from exercising those rights. Her bargaining power with her employer isalready undermined, andher relationship with the state isthat offear rather than entitlement. Inher mind, rights are'for people with IDbooks', 'for the South African citizens', not for Basotho. Just asthey slip through the cracks ofborder regulation, these women alsoescape the reach oflabour laws andagencies for domestic service. Under the Basic Conditions ofEmployment Act, the sectoral determination for domestic workers applies to'alldomestic workers inthe Republic ofSouth Africa', not just citizens. But the forms toregister a domestic worker under the Unemployment Insurance Fund (UIF) require the worker's IDnumber. There...