Amman- On the 16^th of June of each year the world celebrates the International Domestic Workers’ Day to mark the day that the ILO Domestic Workers Convention (No. 189) was ratified in 2011.

Domestic work was identified in the convention as “work performed in or for a household or households”. This work could consist of different tasks, including: cooking, cleaning, washing, ironing, taking care of children, the elderlies or those with disabilities, in addition to sometimes taking care of the garden or other aspects related to the household.

The convention guarantees domestic workers the same basic rights as those available to other workers, especially those concerned with the elimination of all forms of Forced Labour, Child Labour, and any discrimination related to employment and occupation. Meanwhile, the non-binding recommendation that was issued in accompaniment to the convention provides practical guidance on strengthening national laws and policies on domestic work, in addition to programs aimed at developing domestic workers’ ability to address the work–life balance needs of domestic workers.

Internationally, International Domestic Workers’ Day is considered an opportunity to shed light on these workers whose rights have been long violated all around the world. It is due to these circumstances that the International Labour Organisation was prompted to issue this convention, as well as call on countries to promote and protect their rights, given the privacy of their place of work.

This report highlights the complaints received by Tamkeen by domestic workers, as well shed light on their conditions during the COVID-19 pandemic.

Status of Domestic Workers in Jordan

Jordan is home to 38490 registered domestic workers; of them, 12,500 are Filipinas, and 10,000 are Bangladeshi workers.[1] In addition to these workers, there around 30,000 working informally, after they left their employers for various reasons that include: non-payment of wages; mistreatment, long working hours; or preventing them from communicating with their families. Other workers leave the working place without any reason, but simply due to their inability to cope with work or because they do not want to do it anymore.

In the Middle East region, Jordanian legislations are considered one of the most progressive in terms of having Domestic Workers being covered under the umbrella of Labour Law through the System for Domestic Workers, Cooks, Gardeners, and similar categories NO 90/2009; in addition to the Instructions for the Conditions and Procedures of Recruiting and Employing Non-Jordanian Workers NO12/2005. Furthermore, Jordan is one of the few countries that sign bilateral memoranda of understanding between them and the countries of origin for Migrant Workers prior before it begins recruiting them. However, all these measures did not deter some employers and some recruitment offices, whether those found in the country of origin or in Jordan, from exploiting domestic workers. Reasons behind the continuation of these violations could be related to the unseriousness in the implementation of these measures on one hand, and the Kafala System on the other, which is practiced on the ground despite not being mentioned in any of the Kingdom’s legislations.

Cases received by Tamkeen in 2019

In 2019, Tamkeen received 328 cases from domestic workers working in different governorates in the Kingdom. 109 of these complaints were submitted by Filipina workers, 62 complaints were from Sri Lankans, 60 from Ugandan workers and 36 from Bangladeshi workers.

As for the violations that these workers were subjected to, the most notable one was the confiscation of passports (236), followed by the partial or full non-payment of wages (158), and the deprivation of vacation days (139).

Undoubtedly, the conditions of domestic workers have improved somewhat, as highlighted by the increased level of awareness among workers and employers. Indeed, workers are now more aware of their rights and they seek to claim them. Similarly, employers are more knowledgeable about the rights and duties of workers, except those related to the weekly holiday of workers as stipulated in the System for Domestic Workers, Cooks, Gardeners, and similar categories in its 7^th article.

Domestic Workers and the COVID-19 Pandemic

This year’s International Domestic Workers’ Day celebrations come while the world is still dealing with the Corona Virus Pandemic and the ramifications of the protective measures that were taken to curtail its progress. Governments around the world imposed restrictions on peoples’ movements to counter the threat of the emerging virus. For Asian and African domestic workers though, these measures meant an increase in their workload and the risk of them being subjected to gave violations.

In Jordan, there are three categories of domestic workers; the first of whom consists of those who are formally working in the homes of their employers. The second category also works in the home of their employers but reside outside it; and the third category consists of informal workers who are paid on an hourly basis. The majority of this latter group do not have legal papers, and their permits were not issued or renewed by their employers. These workers left their working place after enduring violations that ranged between the non-payment of wages; long working hours; or other types of labour, living or physical violations. In other times, workers leave the workplace without reason but because they could not adapt or endure being abroad or the nature of the work itself. Others are forced to leave their workplace after their contracts end but their employer refuses to book them a ticket or sign them a waiver that enables them to work for another employer. These workers thus end up living in rented apartments, and are responsible to provide for themselves and find a work opportunity despite their informal status.

Due to the curfew that was imposed by the pandemic, these workers reported that their work has almost entirely stopped. Consequently, they were unable to pay their rent, or provide their most basic needs. Moreover, the majority of these workers were living in neglected areas and overcrowded houses, which meant that their quarantine conditions were less than ideal.

Tamkeen was contacted by 780 informal domestic workers who said that they were unable to secure their daily livelihoods, whether in terms of food, cleaning products or other essentials. More than 30 of these workers were also mothers who said that they could not afford to buy milk and diapers for their children, while others said that they were at risk of being kicked from their house because they could not pay rent.

As for formal workers, Tamkeen received various complaints throughout the pandemic and the subsequent quarantine period by workers who reported various forms of mistreatment by their employers. Workers also highlighted the increased work pressure as a result of the family staying in the house all day, and the need to continuously disinfect and clean the house., which resulted in them working for 16 hours a day without any breaks. Another group reported similar working conditions, but also added that their exhaustion was further compounded by the stress of their employers which affected their treatment of the workers as well.

During the quarantine period, Tamkeen also followed up on 4 cases concerning domestic workers whose cases were reported by neighbours of their employers as being subjected to violations. Tamkeen then contacted the Combatting Human Trafficking Unit (CTU) regarding 3 of these cases, which resulted in CTU removing them from these houses.

A challenge related to these cases though was the closure of the shelter designated for Human Trafficking victims. These workers were left with no place to stay, due to the regulations that stipulated that workers should be tested for the Corona virus on her own expense prior to being received in any shelter. However, even those who were tested, faced challenges related to sheltering as well.

It should be noted that two domestic workers, 1 Filipina and 1 Sri Lankan, were infected with COVID-19 and were then hospitalised and treated and are now in stable condition. A number of domestic workers were also placed under quarantine in 5 Star Hotels after they returned to the Kingdom with their employers, and these workers reported that there was no discrimination in terms of the treatment and services that they received. Finally, no administrative detention of a domestic worker was recorded during the curfew.

Recommendations:

1. Inspections should be implemented on the working and living conditions of Domestic Workers
2. Facilitate the transfer of a worker from one employer to another without the need of a waiver from the first employer
3. Enact a mechanism that protects the wages of domestic workers
4. Find an effective complaints mechanism that seriously examine and verify each complaint.
5. Activate the right to resign within the law for Domestic Workers, taking into account the rights and duties of both the employer and the domestic worker.
6. Development of a mechanism to compensate for the damages incurred by the employers in cases where the worker refuses to work without a reason.
7. Raise legal awareness for both employers and workers.