Legal protections for domestic workers in South Africa : bridging the gap between rights and reality

Abstract

This research identified the gaps between legal theory and the lived experiences of domestic workers. Ultimately, it provided recommendations on how to improve this. Domestic workers play a vital role in the care economy by providing essential daily services within private households. Historically, this sector has been marked by exploitation, low wages and limited legal protections, especially for black women during colonial and apartheid era when domestic work was one of the few employment options available to them. Despite the introductions of laws like Basic Conditions of Employment Act and Sectoral Determination 7 which aim to regulate working conditions and ensure fair treatment, domestic workers continue to face insignificant challenges in accessing their rights and protections. This topic is significant because domestic workers remain vulnerable to abuse and discrimination and their work is often undervalued in both economic and social terms. The research aims to contribute to the field of labour law and social policy by examining the effectiveness of regulatory frameworks and highlighting the persistent barriers to the empowerment of domestic workers. This study seeks to inform policy improvements that can enhance the dignity and rights of domestic workers. The main problem is the persistent non-compliance with sectoral determination 7, which coupled with weak government oversight and limited workers awareness perpetuates exploitation, low wages, excessive working hours and unsafe conditions for domestic workers. Without further research, this cycle of vulnerability and inequality in this sector is likely to continue, undermining the intended protections of the law. The objectives of the study are fourfold: firstly, to assess and enhance awareness among domestic workers and their employers regarding legal rights and protections under the South African law, secondly, to evaluate the effectiveness of current enforcement mechanisms and barriers and finally, to propose actionable legal and policy adjustments. These objectives served as a roadmap. The study used a qualitative non-empirical approach. Data was collected through an in-depth review of existing literature, including journal articles, case laws, case studies, books, legislation and the Constitution. The research findings underscored the urgent need for the government, employers, domestic workers and other stakeholders to address the challenges faced by the domestic workers to ensure a safe and healthy working environments. This research recommended improvement in enforcement mechanisms, strengthening legal awareness, access to information and reporting and support mechanisms and collaboration with the government and civil society