Abstract
Many women from previously disadvantaged backgrounds migrate to neighbouring countries or within their own country in search of work to support their families. Most of these women are uneducated and often not familiar with the environment they are traveling to. As a result, they often take up spaces in work that they are familiar with, such as domestic work. There is an increase in the population of women migrating to do domestic work and they encounter many factors which leave them vulnerable to exploitation. Women find themselves in precarious positions as they navigate their way in a foreign country or city with a language and culture barrier. Many are desperate to feed their families and some even lack proper documentation which creates a gateway for exploitation. This dissertation will therefore examine the challenges faced by women migrant domestic workers.
Most migrant domestic workers find themselves in the informal economy, where there is a lack of adequate labour and social protection. These women are situated in precarious positions where there is a great deficit in decent work. The achievement or progressive attainment of decent work for migrant domestic workers should include better working conditions, fair treatment and inclusion in labour law legislation. This dissertation will critically analyse how the lack of inclusion of migrant domestic workers in certain legislations affects the promotion of decent work. Decent work is one of the sustainable development goals (SDG) which promotes economic growth, full and productive employment as well as decent work for all, although its progress has declined.
This dissertation will critically examine international standards and the existing domestic legal framework applicable to migrant domestic workers. Furthermore, it will consider how migrant domestic workers were affected by legislation during COVID-19 and how the South African government responded. This dissertation will further discern best practices in the selected jurisdictions, Thailand and India. It is important that migrant domestic workers, since they are considered one of the most vulnerable group of workers due to the intimate nature of their work, should be specifically included in labour law provisions as well as supported by organisations to achieve social protection and decent work.