Protection Of Domestic Workers Research Articles

Wails Inside Arab Homes: Examining the lived experiences and exploitation of returnee Ugandan migrant domestic workers from Saudi Arabia

The study aimed to investigate the experiences and exploitation of Ugandan migrant domestic workers who returned from Saudi Arabia. The study followed a constructivist paradigm, an interpretive framework that focuses on individuals' understanding of the world and their creation of unique meanings. A qualitative approach was utilised, specifically employing a phenomenological case study design. Data was gathered through unstructured interviews with twenty-eight (28) migrant domestic workers. Thematic analysis was employed to analyse the data. The findings regarding the lived experiences and exploitation of returnee Ugandan migrant domestic workers were visualised through concept maps created using NVivo version 10.0. The study discovered that the returnee workers' experiences were primarily related to their interactions with various individuals in their employers' households, including dealing with abusive employers, inconsiderate children and relatives, and challenging working conditions. Other experiences involved working in an unfriendly environment, carrying out difficult tasks, facing heavy workloads, experiencing occupational health difficulties, enduring physical abuse, inadequate rest, food deprivation, sexual advances, and false allegations. Consequently, providing legal protection for domestic workers in Saudi Arabia is crucial. Although progress has been made in addressing legal gaps, particularly regarding weekly rest days, more work remains. This includes implementing or expanding minimum wages and aligning working hour restrictions with those applicable to other workers. It is therefore recommended that Uganda and Saudi Arabia revise labour export laws to ensure that the rights of migrant domestic workers are respected.

Perlindungan Hukum Terhadap Asisten Rumah Tangga (ART) yang Mengalami Kekerasan Ditinjau dari Hukum Ketenagakerjaan

The existence of household assistants (ART) is often ignored in labor laws in many countries, including Indonesia. This results in unfair treatment and minimal access for household members to legal protection, which increases the risk of violence against them. This violence includes verbal, physical and sexual harassment, but is difficult for household members to report due to limited legal knowledge and fear of retaliation. Social stigma and lack of support also exacerbate the situation, leaving many cases of violence unreported and perpetrators unaccounted for. This research aims to increase awareness of the importance of legal protection for household members, evaluate the implementation of labor laws, and encourage regulatory changes to expand protection. The research method uses a qualitative and descriptive approach through literature study. The research results show that legal protection for household members in Indonesia is still weak and ineffective, especially because household members are not explicitly regulated in labor law. Key barriers include a lack of rights awareness, training of law enforcement officers, and a culture of amicable resolution of violence. Better legal protection for household members needs to be implemented immediately through the ratification of the Domestic Workers Protection Bill, educational campaigns and training for law enforcement officers. Strong family, community and political support is also needed to create a safer and fairer environment for ART.

Criminal Law Protection for Domestic Workers Victims of Domestic Violence by Employers

This article discusses the importance of criminal law protection for domestic workers who are victims of domestic violence by their employers. Domestic violence against domestic workers is a serious problem and should not be ignored. Through criminal law analysis, this article identifies the challenges and obstacles faced by domestic workers who are victims of violence in obtaining justice. In this article, we highlight the need for a revision of the criminal law that is more stringent in providing protection for domestic workers who are victims of violence. We also discussed the importance of increasing public awareness and education as well as the government's role in protecting the rights of domestic workers.

Paradoks Pekerja Rumah Tangga di Indonesia: Belum Tergolong Pekerja Yang Melakukan Pekerjaan Layak?

This article is an analysis of the paradoxical situation experienced by domestic workers in Indonesia. On the one hand, they exist as workers, but on the other hand, their existence as workers has not been recognized and their rights as workers have not been fully fulfilled and they do not receive social protection guarantees from the government. This position makes them vulnerable to exploitation, violence and oppression. Therefore, by using qualitative research methods, especially literature studies based on literature and previous research results, the author shows the social exclusion of domestic workers in Indonesia. Based on the facts above, the author emphasizes the importance of applying the concept of decent work for domestic workers and promoting domestic work as a decent work for domestic workers. One conclusion that can be drawn from discussing this topic is that domestic workers also count as workers and that domestic work is also decent work that should be widely accepted. With this recognition, the existence of a legal umbrella and guaranteed social protection for domestic workers is a must. Thus, recognizing the existence of domestic workers and their work is an intention to build an inclusive social order, in which there is recognition and respect for a person's dignity.

Analysis of Legal Protection of Sexual Violence Against Domestic Workers

The existence of Women Workers or Domestic Workers is familiar in Indonesia both in urban and rural areas. The government's lack of attention to domestic workers, the majority of whom are women, has made many of them victims of violent crimes. This study aims to determine the legal protection of domestic workers who get sexual violence and find out the criminal sanctions obtained by perpetrators of sexual violence. This type of research is qualitative research using a normative approach, which includes a statutory approach (statute approach) and a conceptual approach (conceptual approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The legal material that has been collected is then reviewed systematically and classified to produce a conclusion. The results showed that explicitly domestic workers who are victims of domestic violence receive protection from several laws and regulations but do not specifically regulate the form of protection, both related to employment relations, discrimination, violence, wages, and so on. Unlike Law No. 23 of 2004 on the Elimination of Domestic Violence and the Criminal Code, both preventive and repressive means protection for domestic workers as part of their family. Criminal sanctions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are formulated alternatively, namely imprisonment or fines. This means that perpetrators of domestic sexual violence can be subject to imprisonment or fines.

The Urgency of Policies to Combat Violence against Domestic Workers

This article answers the importance of Policies for Combating Violence Against Domestic Workers (PRT) that are firm and comprehensive in providing legal protection. This problem arises from the lack of clarity in the current regulations, namely regarding security for carrying out the teachings of a religion, especially the teachings of Islam. So far, Indonesia does not yet have a law that specifically regulates efforts to deal with criminal acts of violence against domestic workers. This article will discuss the urgency of the Policy for Combating the Crime of Theft Against Domestic Workers. The research method used research that is normative juridical, namely research with a focus on the study of the application of norms in positive law in Indonesia. Regulations regarding legal protection for domestic workers are still not clear or explicit. The rules used relating to the protection of domestic workers still use Article 2 paragraph 1 letter C and article 2 regulates domestic workers. Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This article is still felt to be less effective. Therefore, it is deemed necessary to immediately enact a separate law relating to the legal protection of domestic workers (PRT) so that they can guarantee security and protection when working as domestic workers.

Legal Protection of Domestic Workers - A Critical Analysis of Korean Constitutional Court 2016Heon-ba454 Decision and Comparative Perspective -

Legal Protection of Domestic Workers - A Critical Analysis of Korean Constitutional Court 2016Heon-ba454 Decision and Comparative Perspective -

Perlindungan Hukum Pekerja Rumah Tangga Dalam Undang- Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan

One of the principles in the State of Law, the protection of human rights. Everyone needs work to meet the needs of their lives to be more prosperous, work is a demand that must be met by everyone in maintaining their lives. To date, there is no specific legal umbrella in providing protection for domestic workers. Legal protection for domestic workers can only be implemented if there is a clear legal basis to apply to domestic workers and make them workers in the juridical sense. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal studies. The results of the study concluded that the purpose of legal protection as stated in Article 4 of Law Number 13 of 2003 concerning Manpower is to provide protection to workers in realizing welfare and improving the welfare of workers and their families. Legal certainty is a judicial protection against arbitrary actions which means that a person will be able to obtain something expected under certain circumstances.

The Urgency of Legal Protection for Domestic Workers as Informal Workers

ABSTRACT. One of the informal professions in Indonesia is a domestic worker. The problem is that domestic workers have not received maximum protection related to their wages, comfort and work safety which causes them belittled because the lack of their awareness about the rights they supposed to get. This article was made to examine the issues faced by domestic workers and what steps can be taken to improve the bargaining position of domestic workers. The research method used is empirical sociological, focusing on primary data and interviews, supported by secondary data. Data collection and analysis were carried out qualitatively by using Anthon F. Susanto model through the stages of data triangulation. The conclusion is that in Government Regulation Number 2 of 2015 there are no details regarding the rights of domestic workers and there are no laws protecting domestic workers so there are still many violations against domestic workers.
 
 ABSTRAK. Salah satu profesi informal di Indonesia adalah pekerja rumah tangga (PRT). Persoalannya, PRT belum mendapatkan perlindungan yang maksimal terkait upah, waktu istirahat, kenyamanan, dan keselamatan kerja yang menyebabkan mereka diremehkan karena kurangnya kesadaran akan hak-hak yang seharusnya mereka dapatkan. Artikel ini bertujuan untuk meninjau persoalan yang dihadapi oleh PRT dan apa saja tindakan yang dapat dilakukan untuk menambah daya tawar PRT. Artikel ini menggunakan metode penelitian sosiologis empiris, dengan fokus pada data primer dan wawancara yang didukung oleh data sekunder. Pengumpulan dan analisa data dilakukan dengan cara kualitatif yang menggunakan model Anthon F. Susanto melalui tahapan triangulasi data. Kesimpulannya dalam Peraturan Pemerintah Nomor 2 Tahun 2015 tidak ada perincian mengenai hak-hak PRT dan juga belum ada undang-undang yang melindungi PRT sehingga masih banyak terjadi pelanggaran terhadap PRT.

The Capability Approach: A Suitable Theoretical Framework to Improve Legal Protection of Domestic Workers in China

Applying the capability approach to analyse the deficiencies in the legal protection for workers in China is in a preliminary stage. Existing research largely uses the fact of whether workers can obtain labour protection as a standard to distinguish whether a worker has adequate legal protection. Although having legal rights is a prerequisite for workers to obtain adequate legal protection, focusing solely on the entitlement of legal rights ignores the enjoyment of legal rights and the diversity of personal preferences. In particular, even if they are given labour protection, domestic workers may be unable to enjoy these legal rights due to the special characteristic of domestic work. The capability approach emphasises not only the entitlement of legal rights but also, more importantly, the enjoyment of those rights. The analysis of legal protection for domestic workers, underpinned by the capability approach, thus reveals not only the inadequate legal rights for domestic workers but also factors that hinder their enjoyment of legal rights. Similarly, developing legal protection for domestic workers based on their capability not only ensures adequate legal rights for them but also contributes to the development of enforceable legal rights. This article argues that the capability approach is a suitable theoretical framework to analyse the inadequate legal protection of workers, particularly that of domestic workers in China. In addition, it analyses the connection between defective legislation and inadequate capabilities of domestic workers regarding obtaining adequate income and rest.

Inadequate legal protection for domestic workers: a key factor contributing to the underdeveloped domestic service industry in China

The domestic service industry in China is important to the development of Chinese society. It has the potential to promote the development of the economy, optimise the country’s industrial structure, and relieve unemployment pressure in China. However, significant problems, including the lack of effective regulation of domestic service companies by public authorities, the prevalence of bias against domestic workers, the lack of trust between domestic workers and homeowners, and the shortage of highly skilled workers, have hindered the development of the domestic service industry. This article argues that a critical reason for the prevalence of these problems is the non-existent or insufficient legal protection for domestic workers in the labour market. Therefore, empowering these workers with legal protection is likely not only to contribute to the improvement of their standard of living but also to facilitate the function of the domestic service industry in the development of Chinese society generally.

Perlindungan Hukum Bagi Pekerja Rumah Tangga di Indonesia

This study aims to analyze the legal protection for domestic workers (Pekerja Rumah Tangga, PRT) in Indonesia. The type of this research is juridical-normative with data collection that utilizes the literature studies. The results of the research indicate that Law Number 13 of 2003 on Manpower specifically does not provide special legal protection for domestic workers, meaning that normatively domestic workers are not protected in the law. To minimize cases regarding domestic workers and to fulfill their rights, the Minister of Manpower Regulation Number 2 of 2015 on Protection of Domestic Workers (Permen PPRT) was issued which seeks to fulfill the rights of domestic workers. There are still a number of cases experienced by domestic workers, thus it is urgent to pass the Bill on the Protection of Domestic Workers.

Perlindungan Hukum Bagi Pekerja Rumah Tangga Sebagai Korban Tindak Kekerasan

Unbalanced work relations between domestic workers and employers make domestic workers vulnerable to being victims of violence. The existence of Law Number 13 of 2003 concerning Manpower is expected to be the legal umbrella for the protection of workers, including domestic workers. The purpose of this study is to examine the position of domestic workers in Law Number 13 of 2003 concerning Manpower and legal protection for acts of violence committed against domestic workers. The research method uses normative legal research by examining primary and secondary legal sources and analyzing the use of the syllogism method and interpretation method using deductive thinking patterns. The results of this study indicate that the position of domestic workers in Law Number 13 of 2003 concerning Manpower is very weak because the law does not adequately provide protection to domestic workers if one day there is a dispute between domestic workers, one of which is in the form of disputes due to acts of violence. violence against domestic workers. This is because domestic workers are not included in the labor protected by the law. As for the protection of domestic workers from acts of violence has been provided by the Criminal Code and Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

LEGAL PROTECTION OF DOMESTIC WORKERS FROM A NATIONAL LAW PERSPECTIVE

The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.

Legal Protection of Domestic Workers from A National Law Perspective

The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.

Recognizing invisible work: The women domestic workers' movement in Bangladesh

ABSTRACT Domestic work is a highly feminized sector of work in Bangladesh, where women from poor neighborhoods of Dhaka city are found laboring for very low wages, without legal or social protection. Such work remains unrecognized and invisible, although it has been done for generations. Over the years, mobilization of domestic workers (DWs) by the National Domestic Women Workers Union (NDWWU) has helped to develop the leadership and negotiation capacities of its members, resulting in some improvement in their working conditions. This article is based on the qualitative findings of a study on social protection for DWs in three South Asian countries, namely, Bangladesh, Nepal and India, conducted by the Women in Informal Employment: Globalizing and Organizing (WIEGO) in collaboration with International Domestic Workers Federation (IDWF). This article presents the challenges and major risks such workers face in Bangladesh. In addition, it also examines the struggle that the biggest domestic workers union, NDWWU and its allies have undertaken in order to ensure decent work conditions as well as legal and social protective measures for DWs in the country. In doing so, I aim to contribute to the limited literature on mobilization of the workers and related policy concerns in Bangladesh and the wider region.

Legal Arrangement for Household Workers: A Case Study of Plasma Fake Eyelashes Industry in Labor Law Perspective

This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden

Legal Protection of Domestic Workers Who Victims of Domestic Violence in Banyumas Regency

Protection of domestic workers who are victims of domestic violence is essential, considering victims' physical and psychological suffering due to the perpetrator's actions. Law No. 23 of 2004 concerning the Elimination of Domestic Violence and Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 2 of 2015 concerning the Protection of Domestic Workers become judges' legitimacy in enforcing the law against perpetrators of violence against household workers. This study aimed to 1) Knowing and analyzing legal protection against domestic workers who experience domestic violence in Banyumas Regency; 2) Knowing the obstacles in the implementation of legal protection against domestic workers in Banyumas Regency. The method used is juridical normative, namely through a literature study that examines secondary data in-laws and regulations and other legal documents and research results, assessment results, and other references complemented by interview results. The results of this study indicate that 1) Protection of household workers who experience household violence in Banyumas Regency is carried out through assistance by the Integrated Service Center- Handling and Protection of Victims of Gender-Based Violence and Children (PPT-PKBGA) where the Heads of (PPT-PKBGA) facilitates the settlement. Through mediation between employers and domestic workers as well as strive to fulfill their rights for household workers. 2) the obstacles in implementing legal protection for household workers in Banyumas Regency are the lack of public knowledge about the law; lack of courage for domestic workers to report cases of violence they have experienced; as well as the people's view that the problem of domestic violence is personal so that it does not need to be taken out of the household. The advice given is to carry out the law's socialization on the Elimination of Household Violence (UU-PKDRT) No. 23 of 20014 and Regulation of the Minister of Manpower and Transmigration No. 2 of 2015 concerning Protection of Household Workers.Keywords: Protection, Household Workers, Violence.

TWO HOUSEHOLD ISSUES IN ONE AGENDA SETTING Fighting for the Protection of Domestic Workers through Settlement of Domestic Issues in Yogyakarta Palace

This study focuses on the meeting of two issues in one agenda setting. On the one hand, there is an issue of protection of domestic workers, and on the other hand, there is an issue of power succession in the Yogyakarta Palace. It is about two different issues; it is not only to settle them in one process, but also to save one of the policy agendas. This study uses a case study. Data was collected using interviews, focus group discussions (FGD) and secondary sources. In-depth interviews and FGDs were conducted with internal parties, kingdom relatives, community leaders and activists for women's movements outside the palace. The findings of this study show that the agenda point, which brings the two issues, is gender issue, especially the role of women in the public domain. The meeting of these two issues, which leads to the opening of the policy window, involves various dynamics, including advocacy coalition, succeeded in moving policy-making rails from higher level of government, and focused more on issues at the practical-operational level. The special features of Yogyakarta actually act as a platform for actualizing local wisdom, showing the strength of cultural factors. This cultural aspect accelerates the encounter of problem streams, policy streams, and political streams, which open a window of opportunity (policy windows) for the success of a policy agenda in the agenda setting process.

The Rights of Domestic Workers in India

Among all categories of the informal sector, the protection of domestic workers forms one of the biggest challenges to labor laws. The inherent subjugation involved in the work, along with a typical nature of the work of domestic workers, makes them more vulnerable than other workers in the economy. The difficulties are associated with the work being performed within the household, primarily for non-commercial purposes. The household, primarily for non-commercial purposes. The work space, being a private space, makes regulation and implementation difficult. The lack of effective regulation and the extremely informal nature of the service render domestic workers without any basic protection. In the event of any economic uncertainty, they are left at the mercy of their employers. In the event of any economic uncertainty, they are left at the mercy of their employers. It is, therefore, essential to develop a system of social security that can afford adequate protection to domestic workers, with minimal state involvement in the affairs of the family. This paper seeks to provide suggestions for such a scheme, which is suited to the peculiar characteristics of domestic workers in India. It recognizes that scattered and isolated schemes are sufficient to afford adequate protection to workers. The social security model suggested is a decentralized model where social security is integrated with other important concerns such as minimum wages, skill development, and increasing awareness and bargaining power of domestic workers. These suggestions have been made after undertaking an analysis of existing legal provisions for domestic workers in India and the best practices from various jurisdictions that have seen relative success in providing social security to domestic workers.