Description:
Conclusions:
4.1 Indications of labour exploitation
The findings illustrate a clear pattern of severe
labour exploitation of migrant domestic workers,
and in various cases evidence of forced labour.
Domestic workers surveyed in Chiang Mai and Mae
Sot reported being locked in the house unable to
readily communicate or contact the outside world.
This combined with widespread verbal and physical
abuse, extremely long working hours, a lack of
adequate rest days and non-payment, under-payment
or delayed payment of wages shows how easily substandard
working conditions can turn into working
situations tantamount to forced labour.
Some domestic workers were forced to work with
other workers in other businesses, and some didn?t
have any choice in the type of jobs they performed.
Some domestic workers worked for free for extended
periods of time as a result of their debt bondage
to employers or recruiters. As "live-in" workers,
employers often expected domestic workers to be
available to work at all times.
Migrant workers can?t freely change employers
since they lack control over their documentation
as examined previously in greater depth. Domestic
workers, like other workers, have the right to hold
onto their original ID card. However, only half of
the registered domestic workers manage to keep hold
of their original card.
Socio-cultural values and attitudes of employers often
play a role in justifying control over domestic workers?
freedom of movement. Employers don?t recognise
that they have no right to keep hold of their workers?
documents. Employers may be well-meaning and do
this in the name of "protecting" domestic workers
from dangers outside the household, but such
"protection" violates the workers? basic rights to
freedom of movement...
4.2 Legal status and registration
Possession of legal working documents can partly
protect domestic workers from harassment and
reduce the risk of arrest or detention while they are
in Thailand. However, it has been found that even
registered migrant workers continue to live in fear
of deportation.
The majority of both employers and domestic
workers have positive attitudes toward Thai policy
on registration. Despite this fact, it was pointed out
that the registration process is too complicated, is not
clearly explained to those who need to understand it
and that the timeframe for registration is too short.
The registration policy, in turn, encourages employers
to take more control over, and diminish the rights
of their workers. Not only do many employers keep
their worker?s original ID card, but some also refuse
to allow their domestic workers to register. Many
domestic workers can?t afford the registration costs,
which can be equal to several months of their salary,
or end up being in debt to their employers who
pay for them. This becomes a reason for employers
holding their worker?s original work permit. There
is no mention of whether or not the workers receive
their original ID back once the debt to an employer
is repaid in full.
Non-registered domestic workers are more likely
to face a greater degree of oppression in terms of
constraints on leaving their employment, and with
regard to payment and days off permitted than
registered migrant workers...
4.3 Working conditions
The risk of labour exploitation is high in light of the
fact that the majority of domestic workers don?t know
about their working conditions until they arrive at
the home of their employer. Employers determine
working and payment conditions. A third of domestic
workers have to do both household chores and work
relating to the employer?s business. According to the
Thai LPA (1998), this means they should no longer
be referred to as "domestic workers", and they should
be protected under Thai labour law.
Almost all (98%) the domestic workers surveyed
worked more than a standard eight-hour day. About
two thirds work more than 14 hours a day. It is worth
noting that they have to be available for work at any
time, whether it is inconvenient or not, based on the
needs of the employer.
In general, the amount earned by a manual worker
varies depending on the number of hours worked, but
this is not the case among migrant domestic workers.
Migrant domestic workers earn less than workers in
other sectors. About 40% receive a monthly salary of
less than 1,000 baht, while only 11% receive more
than 3,000 baht per month. This is well below the
Thai national standard minimum wage, with most
Thais earning at least 4,500 baht a month depending
on their workplace. Nobody involved refers to
overtime payments.
The situation is even worse when considering that
only a small proportion (7-17%) of domestic workers
receive regular weekly, monthly or annual leave.
Younger and unregistered domestic workers, on
average, work longer hours, receive lower pay and
receive less or no regular day off.
Employers perpetuate a number of myths to justify
the long working hours, lack of regular days off
and low wages of domestic workers. Firstly, it is
widely thought that domestic workers are able to
relax while employers are not at home. The current
study debunks this myth since many domestic
workers were overworked, working in more than one
workplace, with many different tasks to do and rarely
any time alone in the house. The second myth is that
domestic workers are able to take rest days whenever
they want. Most domestic workers were unable to
take leave and didn?t receive the minimum number
of annual days off, to do so would risk them losing
their job or having their pay reduced...
4.4 Child domestic labour
In-depth interviews were held with two extremely
young domestic workers, aged 9 and 10. In the
survey of domestic workers, 20% were aged under
18. Employers suggested they like to hire children
as domestic workers because they are easy to control,
more obedient and diligent. Recruiters cited similar
reasons for recruiting children. Domestic work is
sometimes seen as work that is considered more
"appropriate" for children, however, child domestic
workers worked longer hours under worse conditions
for lower wages, in a "worst form" of child labour under
ILO Convention 182.
Employers indicated in the in-depth interviews that
they treat migrant domestic workers, particularly
child domestic workers, as family members. Child
domestic workers also pointed out that they are often
seen as part of the family. While this may sound warm
and friendly, in fact it can increase the children?s
vulnerability to abuse. Child domestic workers
may be treated worse since they can?t complain or
resist because they feel they are facing a "family"
obligation. Moreover, it becomes more difficult for
outsiders to intervene in "family" matters...
4.5 Support mechanisms
Since domestic workers are isolated in their employers?
residences they lack the usual mechanisms of family
and friends as support mechanisms for work-related
problems. Recruiters, who are sometimes relatives or
friends of the migrant, offer a key support structure
for domestic workers as they live in Thailand, have
the ability to visit the domestic workers regularly
and speak the same languages. Recruiters at least
offer domestic workers some contact with the outside
world and may be a starting point for possible future
interventions.
As live-in migrant domestic workers, contact with
the outside world is limited. However, mobile phones
now help many workers feel less isolated so they can
talk to other people, even if they can?t meet with
them. The migrant domestic workers express their
willingness to meet and share their experiences with
others. And some of them are interested in studying
or continuing their studies in or
Source/publisher:
International Labour Organisation
Date of Publication:
2006-12-13
Date of entry:
2008-05-03
Grouping:
- Individual Documents
Category:
Language:
English, Thai