Women in Latin America and the Caribbean - Cepal

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Box II.4
REGULATION OF EMPLOYMENT DISCRIMINATION AGAINST POOR WOMEN AND SOME
EXAMPLES OF PROGRESS. PAID DOMESTIC WORK IN THE NATIONAL
LEGISLATION OF SELECTED COUNTRIES
Argentina. Domestic service is subject to discriminatory treatment, as it is regulated by a special statute
dating from 1956 which means that the employment contract law covering other workers is not applied. Decree 326
governs the employment of workers providing domestic services that do not yield an economic benefit for the
employer. Among other provisions, it establishes that all persons working as live-in domestic employees shall be
entitled to nine hours off at night, three hours off during the day between their morning and afternoon work, a break
of 24 consecutive hours or two half days per week, and one hour a week to attend a religious service. Although bills
have been introduced to reform this statute, the measure that has had the greatest impact so far on the position of
women employed in private households dates from 2005, when the Federal Administration of Public Revenues
(AFIP) implemented a programme of tax incentives for employers to regularize undeclared employment. As of May
2007, this policy had resulted in 260,000 women in domestic service being brought into the pension and health-care
system along with their families, reducing the high level of informal working in this area.
Bolivia. Law No. 2.450 of April 2003 amended the previous legislation under which domestic workers
were entitled to eight hours off —the implication being that they might work 16 hours a day. The new law
established that “the working day for remunerated employment in private households is as follows: 10 hours of
actual work for those living in the household where they provide their services and eight hours a day of actual work
for those who do not live in the place where they provide their services” (article 11). Article 2 establishes that “the
rights conferred by the present law are inalienable”.
Costa Rica. Costa Rica’s Labour Code devotes a chapter to domestic servants (chapter 8). Surprisingly in
the context of legislation that is quite protective of workers’ rights, it is permissible to work from the age of 12,
entitling employers to engage children as domestic servants (article 104). The only safeguard in relation to this
provision is that “servants aged over 12 but under 18 may work no more than 12 hours a day” and that under-14s
shall be entitled to time off to attend primary school. It also establishes that “any serious breach by the domestic
worker of respect or courtesy to those entitled to expect this by virtue of the employment shall constitute just cause
for dismissal without liability on the part of the employer” (article 106). This is odd given that there is no matching
provision for disrespectful treatment of the employee by the employer. Although the Household Workers’
Association (ASTRADOMES) challenged the constitutionality of the 12-hour day by invoking the principles of
equality and non-discrimination guaranteed by the national constitution and the Convention on the Elimination of
All Forms of Discrimination against Women, the Constitutional Court did not support this view.
Chile. Chapter V of the Chilean Labour Code regulates employment in domestic service. Less than
10 years have passed since domestic workers became entitled to maternity rights with the implementation of law
19.591 in 1998. Prior to this, women employed in private households were the exception to the provision in the code
that women could not be dismissed during pregnancy without the authorization of a competent judge (articles 201
and 174). Again, the monetary remuneration of workers in private households can be set at 75% of the monthly
minimum wage, since the worker’s food and lodging is counted as part of the remuneration. However, this provision
does not apply for the purposes of pension contributions, for which only the monetary payment is counted (article
151). Lastly, the Labour Code obliges the employer to keep the worker’s job open in the case of illness, but without
pay and for up to 30 days only. If “either of the parties or any of the persons living in the household” contracts a
contagious disease, on the other hand, the other party is entitled to terminate the contract (article 152).
El Salvador. The Labour Code now in force, Legislative Decree No. 15 of 1972, indicates, among other
stipulations, that: (a) a contract of employment for domestic service may be entered into verbally (article 76);
(b) domestic service workers do not have set working hours, but shall enjoy a rest period of at least 12 hours a day
(article 80); (c) domestic service workers must provide services on their days off if the employer so requests (article
81); and (d) an individual domestic service contract may be terminated without employer liability for the following
causes: (i) if the worker suffers from an infectious disease, unless this was contracted at the workplace, in which
case the contract shall be suspended; (ii) if the worker has vices or bad habits that jeopardize or prejudice domestic
order or affect the moral standing of the household; (iii) if the worker commits any serious breach of trust or act of
insubordination against the employer or the employer’s spouse or relatives in direct line, or against anyone living
permanently in the household (article 83).