Legal Protection for Domestic Workers: The Case of Wolaita Sodo Town, Ethiopia

Yared Kefyalew Demarso, Bogale Anja Abba
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Abstract

This research examines legal protection for domestic workers, who are highly exposed to varieties of abuses and violence by taking the comparative analysis of some African countries like Kenya and South Africa. The best experience of these countries was selected as they extended labour law protection for domestic workers too. The International Labour Organization (ILO) has adopted the convention for special legal protection of domestic workers. Some countries of the world also signed and ratified the convention. However, Ethiopia was also signed but not yet ratified the convention and explicitly excluded domestic workers from labour law protection. The main objective of the research is to assess the legal protection of domestic workers in the study area. This research has employed doctrinal legal research and some empirical considerations were analyzed qualitatively through narration and thematic analysis techniques to articulate legal protection of domestic workers. The finding of the research indicated that there is no clear contractual agreement between employers and domestic workers, unlimited work time without rest including night time, work with less or no remuneration, abuses and sexual violations. The research also revealed that there is violation of rights of the domestic workers due to multiple factors but the legal protection is inadequate. Some of those factors include bargaining power imbalance, lack of clearly agreed terms of contract, illiteracy and working in private household, lack of awareness and weak realization of laws and failures of the organs of government. So, the research suggests that domestic workers need recognition and adequate legal protection due to their special vulnerability.
家庭佣工的法律保护:埃塞俄比亚Wolaita Sodo镇的案例
本研究通过对肯尼亚和南非等非洲国家的比较分析,考察了对家庭佣工的法律保护,这些家庭佣工极易受到各种虐待和暴力的侵害。这些国家的最佳经验被选中,因为它们也扩大了对家政工人的劳动法保护。国际劳工组织(劳工组织)通过了为家庭工人提供特别法律保护的公约。世界上一些国家也签署并批准了该公约。然而,埃塞俄比亚也签署了该公约,但尚未批准,并明确将家政工人排除在劳动法保护之外。本研究的主要目的是评估研究地区家庭佣工的法律保护。本研究运用法律理论研究,并透过叙事与专题分析的手法,对一些实证考量进行定性分析,以阐明家政工人的法律保护。研究结果表明,雇主和家庭佣工之间没有明确的合同协议,没有休息的无限工作时间,包括夜间工作,报酬较少或没有报酬,虐待和性侵犯。研究还发现,由于多种因素,家庭佣工的权利受到侵犯,但法律保护不足。其中一些因素包括议价能力不平衡、缺乏明确商定的合同条款、文盲和在私人家庭工作、缺乏对法律的认识和认识不足以及政府机关的失败。因此,研究表明,由于家庭佣工的特殊脆弱性,需要得到认可和充分的法律保护。
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