Abstract
M.A. (Politics)
The post-apartheid period in South Africa presented an opportunity for an increasing number of Zimbabwean women to migrate to the country, and many found employment as domestic workers. Because domestic work was not regulated by the government during the apartheid era, many employers exploited and abused their workers. However, since 1994, labour legislation such as the Basic Conditions of Employment Act has been extended to domestic workers, which resulted in the Basic Conditions of Employment Act, Sectoral Determination 7: Domestic Workers. While South African domestic workers should in principle be protected by these laws, the Act makes no mention of whether or not it also applies to migrant domestic workers. Furthermore, it appears that there is a misguided perception in society that labour laws do not apply to illegal immigrants.
Therefore, the aim of this study was twofold: the first aim was to establish whether employers of Zimbabwean migrant domestic workers in Johannesburg adhere to the legislation that protects domestic workers (such as Sectoral Determination 7: Domestic Workers) and, secondly, whether the race, class, gender and nationality of the respondents have a bearing on the kind of treatment they receive at work and society in general. Put differently, the aim is to establish the lived experiences of Zimbabwean domestic workers.
Based on 20 interviews conducted with Zimbabwean domestic workers from Johannesburg, the study found that while their experiences varied, the common thread among all of the respondents was that, to varying degrees, their employers did not comply with the provisions of Sectoral Determination 7. While a majority complied with requirements pertaining to remuneration and working hours, most employers contravened aspects relating to the registration of workers with the Department of Labour. Other obligations pertaining to contracts, job descriptions, maternity leave and UIF benefits were also largely breached by employers.
The study also found that the respondents were subjected to multiple forms of discrimination on the basis of their race, gender, class and nationality, which made their experiences unpleasant. Some of the respondents were subjected to overt forms of racism and xenophobia manifested in name-calling and the use of separate...