Abstract
Domestic work is one of the oldest and most common forms of work for most black women in South Africa and yet it remains the most under recognised and improperly regulated sector in the informal economy. A significant majority of these female workers come the poorest fractions of society with very limited choice to other employment opportunities, a reality generally attributed to their low level of education. The distinctive nature of domestic work poses a great challenge to many countries across the world when it comes to the regulation and enforcement of existing labour laws within this sector. This is so since the work performed by these workers is normally done in private households and in the absence of co-workers, which makes it difficult for these workers to organise and mobilise themselves in pursuit of their workplace demands. As a result, many domestic workers are exposed to various forms of abuse and exploitation exacerbated by the distinctiveness of their work and their workplace which falls beyond the reach of traditional labour law protection. Without voice and representation for these workers, it is difficult for substantive equality and decent work to be realised. With reference to extending protection to these workers, it is important to also explore innovative approaches that could deal specifically with the distinctive nature of the work and the workplace in which these workers perform their duties. Finally, it is submitted that in the process of extending protection to these workers, a sustainable integrated approach is required that will also give effect to both the legal and economic empowerment for domestic workers.
LL.M. (Labour Law)