Kenya is considering a major labour law reform that proposes to extend all workplace rights into homes, as current labor laws are being targeted by various groups calling for the adoption of various international conventions that protect domestic worker rights.
In the course of a public consultation forum, it was agreed by trade unions and government representatives that existing laws do not measure up to protecting domestic workers, who are often subjected to abuse, poor working conditions, and inadequate justice.
Participants were supportive of efforts for the acceptance of International Labour Organization Convention, demanding for decent Work for Domestic Workers, as well as zero harassment in the world of work.
According to officials, both conventions would acknowledge domestic work as a full-sector job, giving such employees equal rights and benefits as others in different sectors. These include working contracts, fair pay rates, working time, and social security and protection against harassment and violence.
Among the major issues under discussion is the expansion of labor inspections to households that have domestic helps. This would represent a huge paradigm shift in the enforcement of the country’s labor law. This is because without regulation, private residential areas have continued to remain “hidden” spaces where labor rights abuses continue to go unchecked.
The trade unions observed that domestic workers, who are mostly woman, are the most marginalized workers in the country even though they play a pivotal role in the economy. They demanded legislative reforms which would close gaps in the law and prevent domestic work from being left out of labor protection.
It was conceded that the current regimes are not adequate and that harmonizing Kenya laws with international best practices would enhance mechanisms of accountability and enforcement, and provide local maids with clear pathways for recourse.
If implemented, the convention will need an amendment of the legislation and public sensitization. The stakeholders argued that the issue of protecting domestic workers is not only relevant in the field of labour but also relates to human rights.
These consultations are likely to feed into the government’s final stance on ratifying these conventions and making the relevant legal reforms, which could mark the start of a new era for hundreds of thousands of domestic workers in the country.
