Summary
This article deals with the transition from domestic work from a slave vision to a decent employment alternative with a strong social impact for the worker, the beneficiaries and the economic-social development. Initially, it offers a historical contextualization of the institution containing its emergence and legal nature where job insecurity still remains. This work is successively characterized by: membership in the informal sector, remuneration, dependency, employment, low incomes, inadequate working conditions, low degree of collective organization and few possibilities of job promotion. Among its activities are those of reproduction, execution, management, socialization and affective care.In Cuba it is not recognized in a special way and its legal protection is endorsed as part of self-employment, unaware of its alienation and specific conditions of regulation as a labor legal relationship. The figure of the contract in domestic work is largely subject to the will of the parties, bypassing the guarantees of the domestic worker; in addition it generally lacks formalities. This work is relevant because there is an increase in domestic employment and its social contribution, for the development of women, the disabled and family well-being; however, its legal protection is insufficient.bypassing the guarantees of the domestic worker; in addition it generally lacks formalities. This work is relevant because there is an increase in domestic employment and its social contribution, for the development of women, the disabled and family well-being; however, its legal protection is insufficient.bypassing the guarantees of the domestic worker; in addition it generally lacks formalities. This work is relevant because there is an increase in domestic employment and its social contribution, for the development of women, the disabled and family well-being; however, its legal protection is insufficient.
Abstract
This article approaches the road of domestic work since a slave work vision until a decent employ alternative with strong social influence for worker, beneficiary and economic-social development. Firstly a brief historical review about its birth and juridical origin, domestic work keeps today a labor precarious. It ¢ s main characteristics are: informal, remunerable, dependent, subordinate, low earned income, little organization lever, inappropriate works conditions and limited labor promotion possibilities. There are different kinds of domestic work such as: reproduction, execution, running, socialization and affective care. In Cuba this work doesn't regulate specially, it is regulated as to work for oneself; isn't recognized as dependent work, neither its special conditions as a labor juridical relationship.The contract in domestic work is principally subject to parties will, it doesn't offer enough guarantees to domestic worker and it is generally informal. This piece of work is important because domestic work increase nowadays and its social influence too, such as women and disabled people development and family welfare; nevertheless juridical protection is insufficient.
1. Introduction
Historically, domestic work has been linked to slavery, colonialism and other forms of servitude. Individuals who have traditionally carried out domestic tasks have been marginalized and excluded; therefore, further removed from the social conquests that the rest of the workers have reached and enjoyed. Despite its low social recognition, being classified as an invisible job, it is currently a worldwide phenomenon; Due to its nature, peculiarities and its tendency to increase, it has become an alternative for the solution of the increasingly serious impacts caused by the global crisis of employment in the precarious subsistence conditions of millions of people.Such reasons have led to the growth of awareness among different social actors at the global level about the need to provide greater protection to the rights of domestic workers.
This incidence has found repercussion in the legal systems of many countries, some labor codes; as well as special laws have arisen to regulate such activity. The maximum legislative level reached has been achieved with the formulation of Convention 189 of the International Labor Organization, an international treaty binding on the signatory member States and Recommendation 201, a more detailed guide on how the Convention can be brought to fruition..
These instruments cover all domestic workers; they are considered special measures to protect people who may be exposed to additional risks due to their young age, nationality, or housing status; They include reasonable hours of work, weekly rest of at least 24 consecutive hours, a limit to payments in kind, clear information on the terms and conditions of employment, as well as respect for fundamental principles and rights at work, including freedom of association and collective bargaining. Notwithstanding this, the formal establishment of certain regulations, by itself, does not adequately guarantee the protection of the labor rights of domestic workers.
The purpose of this article is the individual legal relationship established between the employer and the employee in the domestic sphere, especially in Cuba; As an alternative of employment, it is an activity of significant importance, transcendence at the international level and also for Cuba, where today there is a legislative effervescence as a consequence of the labor reorganization in keeping with the updating of the economic model. Such commitment implies the adoption of policies and measures, among which is the increase in self-employment activities and with it the growth of the informal sector in which domestic work also has its place.
2. The transition from domestic work from slavery to the legal labor relationship
Domestic work, although it has its particularities in each country, is undeniably associated with its emergence from conditions of dependency, in more than a few cases to the most brutal and cruel slavery; This activity in the course of its evolution acquired certain peculiarities according to the context. For centuries such labor, devoid of the most elementary rights, at the mercy of the whims and ill-treatment of unscrupulous employers and other members of the contracting family, especially including sexual exploitation; It reaches the present times still as a marginalized and devalued occupation, especially in the underdeveloped countries. A little more humanized this work by the democratization of socio-economic relations and technological advances, he still has to fight for justice.
Traditionally, domestic workers lived in the homes of their employers. Social evolution has greatly reduced this circumstance that still remains for the care of the elderly, in large mansions and in some underdeveloped countries. Living in the employer's home initially provided shelter and food, but on many occasions it became the only payment or reward for the domestic worker, especially when they were girls or adolescents. In urban homes, domestic domestic workers have slept in the kitchen, in rooms without windows - destined for other purposes - or in rooms other than the main house, usually located in the basement or attic.
The requirement that the domestic worker wear a uniform or other specific clothing by the employer may or may not exist, according to the custom of each country and of each social sector. If they are required to have a uniform, it is generally simple, and has its origins in the 19th century and the beginning of the 20th century. Domestic workers, unlike servants and slaves, receive wages, either in kind or in cash, or both, and can quit their jobs; The latter is relative since, most of the time, they lack the goods with which to start an independent life.
Domestic workers work in their country of origin or can emigrate to others, in search of work, the majority working in their own countries are poor people from rural areas. Many are emigrants from less developed countries, in the absence of work they seek employment in countries that offer, a priori, better economic conditions and job opportunities in the general labor market or as domestic workers. In the case of migrants, their general rights are very restricted as they are subject to work or residence permits and visas.
Due to the particularities of the work they do, the group of domestic workers has been far removed from the improvements in working conditions achieved by the union and labor movement (decent remuneration, employment contract, employer contributions, hours recognized, right to protection against unemployment, recognition of pension, etc.). Currently the increase in demand for domestic services is due to the emancipation of women and their incorporation into the workforce, the difficulty of combining work and family life, the absence or insufficiency of public services and state social services that cover domestic needs -especially those required by children and the elderly-,The feminization of international migrations and the aging of societies have made domestic work a global phenomenon that perpetuates hierarchies based on race, ethnicity, membership in an indigenous group, caste, and nationality.
We can consider domestic work, as an individual legal relationship, generating obligations and rights for the corresponding parties, mainly from the capitalist society. Contemporaneity demands justice for these workers through the promulgation of legal provisions that adequately regulate the employment relationship established in the domestic sphere, for the protection of their labor rights.
It is not in any way negligible to point out that particularly work at home presents psychological risks, due to its routine and repetitive nature, in addition to the low social prestige and failure of many family members who do not recognize their contribution to collective well-being; observing the serious consequences of said work for the nervous system of the organism, such as stress and visual fatigue, the most common ailments of people who do it. On the other hand, from the economic point of view, it is clearly located in the secondary labor market, where low incomes, poor working conditions, low degree of collective organization, high rates of irregular economy and precarious work prevail., whether temporary or occasional, and no possibilities of job promotion.
Regarding the domestic sector, there is a majority that works for "own account" (housewives) and two minority groups: one that works as "family help" (family members who live together and contribute work) and another that does it for "External account", the latter being domestic workers who have a dependency relationship with their employers, through which they provide certain services in exchange for remuneration. This last center of our attention is usually considered an economic activity, insofar as it is a job for others, through which monetary remuneration is obtained. However, it is a job with peculiar characteristics,given that it serves to replace or complement the domestic activity of the «housewife» considered for the past economically inactive.
Differences are established between the self-employed worker and the self-employed worker: in the first, the product of his work remains his property, belongs to him under the title of domain and naturally the risks derived from the work fall on the same interested party with the result of its activity, a real link is given, it supposes a right of domain or others of a real nature, exercised on the products of work resulting from the activity itself. On the other hand, on the employee, the results of this activity are the property of the employer and the risks derived from the execution are also borne by the employer, which does not mean that the person who performs the work does not share certain types of them, even assuming some of a special nature; the basis of the relationship is an interpersonal bond,one of them (worker or debtor of the job) provides a job on behalf of another (employer or creditor of a job).
Most countries include in their national legislation a definition of “domestic work” or “domestic worker”, referring to a set of characteristics, which reveal by themselves its complex nature:
- The workplace is a private home. The tasks are to serve the household, for their well-being and convenience. The work is performed under the authority, orders, and direct supervision of the employer and / or the employer. constitute an employment relationship, the work must be regular and continuous. The employer must not derive pecuniary benefit from the activity of the domestic employee. The work is done in exchange for remuneration in cash and / or in kind (considering food as such and accommodation provided by your employer).The place of residence of the employee is not decisive for the definition of occupation (you may or may not stay at the residence of your employer).
According to studies that have been carried out particularly in the Latin American region, the assessment of domestic work is difficult, taking into account the existence of multiple methodological and conceptual difficulties around this activity, in addition to the concurrence of relationships in the fields, family and economic mixed. An objective definition of domestic work poses several problems:
- Certain activities produce domestic value but are not considered as such work as they are, the care and care of people (sons and daughters and sick or disabled people) and productive leisure activities. The process of domestic value production or valorization is impregnated by a series of organization and management activities that remain hidden, and which are encompassed under certain topical forms of consideration with the term "running a house"
For this reason, different positions are generated in this regard.
For Erika CERVANTES, domestic work is the set of compulsory and free activities that are carried out in all homes as part of measures to dignify the quality of life, which include hygiene and health issues (washing, ironing, cooking, caring, fix and serve).
On the other hand, Lissete GONZÁLEZ, member of the Atabal Collective, AC, points out that domestic work “is not a simple sum of household chores, it is also the central axis to maintain an effective and affective balance, between the needs and desires of all the members of the family."
For its part, BARAJAS MONTES DE OCA, states that domestic work is defined as, "the one rendered by the person who is in charge of the cleaning, assistance, and more proper or inherent services to a family's home." He also comments that, “domestic work is on the way to reaching the rank that corresponds to it in social life, the person who provides a domestic service is a worker without other hyperbole and therefore subject to legal provisions, the domestic is today a reason for labor protection and good care has been taken that under the pretext of a quasi-family relationship, he is kept in a disabled situation and without guarantee of his interests. "
The truth is that this social reality has transcended the frameworks and impacts of a home discussion to acquire the edges of a resized social phenomenon in new contexts to contribute to stimulating the development of women with capacities and aspirations, or men who decide not to have a traditional family life, as well as the livelihood of others with other household skills. However this altruistic idea does not always manifest itself in this way, in any case it requires the most fair legal protection possible.
3. The legal status of domestic work
The activity of domestic work is part of a wide range of paid work that is carried out for others, generally in the informal sector; with the particularity that it is configured and shaped as a special job category, but located in inferior conditions with respect to the workforce as a whole. The group of "household employees" is legally configured as a "special" social group, as "half-time workers", excluded from equal rights with respect to all employed workers. The persistence of this singularity is due, in part, to ideological persistence anchored in the precapitalist notions of servitude,but also to the current economic conditions (dynamics of the labor market) and to the patriarchal configuration of society (conditions of domestic work), which discriminatively affects the work performed by women.
The recognition of family privacy in many countries has made it difficult to apply labor laws and monitor them in this area, due to the application of the so-called right to inviolability of domicile. This principle has served as a basis for the restrictions imposed on the work of the Labor Inspectorate, restrictions that would guarantee the right to privacy as an expression of limits against the potential threat of abuse of power by public institutions.
To the difficulties in the application of the law that generates the private and inviolable environment of the workplace, there are other obstacles to the supervision of the occupation, mainly related to the isolation in which the work is carried out, the weak union organization of the sector and the poor knowledge that domestic workers have of their rights. The guarantee of the agreed working conditions depends to a large extent on documentary evidence, without prejudice to the principle “in dubio pro operario” or of favorable interpretation to the worker in case of doubt, applicable in all labor laws in Latin America, which balances this type of contract with respect to the legal security granted by a common employment contract.
The analysis of the norms that have successively affected this group shows the unfinished transit from servitude to the formally free employment relationship, characteristic of capitalist societies. The process of recognizing the labor nature of domestic service has had its peculiarities in several countries in the Ibero-American region, such as Spain, where two turning points have been present:
- the prohibition of the leasing of services for life (Civil Code of 1889, article 1583), which comes to proscribe the bond of servitude. Despite the progress made by the abolition of the easement contract, the 1889 Code maintained domestic service in the field of Civil Law, the express recognition of the labor nature of this activity (Labor Code, 1931). In 1931, domestic service was included in the Labor Code until today. The same happened in Latin American countries
At the time of this institutional separation of Civil Law we would like to make some reflections. Different doctrines have equated paid domestic work with the service lease or work contract, regulated by civil law, but it happens that paid domestic work differs from service lease by the dependence or subordination of the worker with respect to its counterpart, disagreeing element to the leasing of services. It also differs from the work contract, in the fact that what is contracted is an activity and not a result, as occurs in this type of contract. The mandate is also not a suitable contractual figure to frame this type of employment relationship, since it fundamentally considers conducting a business on behalf of another,what is different from the provision of a service.
BARAJAS MONTES DE OCA, in accordance with CABANELAS, exposes on the controversy raised that it cannot be given a labor nature because even though much of its regulations fit into labor law, they qualify better in civil law, taking into account that the work of use, assistance and others of the interior service of a house, place of residence or room, acquire different purposes, as happens in hotels, inns, hospitals and similar establishments. In order for the activity carried out to be granted a labor nature, it would be necessary, according to their criteria, the non-profit and adjust to the needs of the person who hires it. Only through specific conditions is it possible to regulate this type of personal service.
NÉSTOR DE BUEN believes in this regard, that even when it is intended to locate domestic service outside the scope of the right to work, its origin stems from the recognition of rights in favor of a sector of workers dedicated to their exercise. The intervention of a subject, the attributes of the relationship that is born and the regulatory regime of hiring, confirms the labor content of this employment contract. Hence its special character and the positive side of the Mexican legislation that not only was the first to implement it but also set an example for other laws that follow this position.
Regardless of the location granted by each legal system, the demarcation of a domestic labor sector is notable, usually with a frequently bilateral stable link between employer and employee, either by the beneficiary of the activity carried out or by any agency dedicated to providing this service..
Domestic work has a heterogeneous nature, which is found in the diversity of occupations and the degree of sophistication involved in terms of the quality and quantity of the product or service that is executed simultaneously without a high degree of specialization. To determine their nature, it is convenient to use the criteria given by: GALIANA MORENO and SEMPERE NAVARRO, who comment that “in general, work relationships in which any of the configurative budgets are excluded from the scope of this special labor relationship of its legal labor nature, such as remuneration, dependency and other people's employment », for his part, BENITO PÉREZ refers that to determine the legal nature of the domestic work relationship, the nature of the activity provided is not enough,the presence of the elements that make up this relationship is required:
- The lack of profit pursued by the employer; The benefit must be intended to satisfy a personal need of the householder or his relatives; Coexistence.
However, in our opinion, the concept of coexistence should be delimited, as to whether it is just being in the home of the employers, whether it requires a certain daily time or spending the night there; because in any of these forms the activity manifests itself. Along with establishing an employment relationship between the domestic worker and his employer or employer, under the direction, supervision and subordination, it tends to generate and solidify personal ties, taking place in the home environment.
Any of the given criteria demonstrates the uniqueness of domestic work, its complex nature and evident complexity, differentiating criteria from other work relationships. In Spain and in most Latin American countries it is generally regulated by special labor regimes. Although the differentiated regimes approach does not necessarily imply an impairment of labor rights, in the practice of Ibero-American legislation, less coverage and legal protection is enshrined in domestic work, resulting in the precariousness of this work.
Another uniqueness element to take into account is that the domestic function groups a set of interrelated tasks to cover needs within a scenario in which several members of the family group are recipients and beneficiaries of the service provided, whether it is attended to general or individual interests. Despite being defined and individualized to the member of said group with whom the corresponding conditions of the contract are agreed and pay the salary, the assignment of tasks can undoubtedly originate from any of the subjects of the group; considering the non-exclusive employer power of a single member.
From a sociological point of view, RUIZ, SÁNCHEZ UTAZÚ AND VALERO PICAZO define domestic function as a set of interrelated tasks that satisfy a domestic "need", that is, they generate a value of consumable use by the domestic unit. Each function would include both the tasks intended to fulfill it, as well as the processes or different ways of articulating said tasks, both temporally according to a succession, and organically according to sub-processes.
In this way, the same function can be fulfilled in different ways, that is, by following different processes or ways of articulating tasks, and even performing different tasks. This way of considering domestic work under the double prism of the concrete task and the domestic function for which it is carried out, allows us to contemplate the value of "hidden" work in domestic organization and management. Thus, each function would have the value resulting from the sum of the partial values of all the tasks carried out to achieve it, plus the added value of its planning, organization and management. The classification, modalities and the contract of domestic work are three aspects of significant importance that are interrelated and provide this type of work occupation with a theoretical and practical basis.The classification allows us to order a set of elements based on the determination of a criterion, indicators of how they can be grouped under the same name, various activities or tasks; those that are carried out in full correspondence with the contracted modality.
Domestic work as part of a process aimed at the production of goods and services in favor of satisfying the needs of all members of the family group or of the domestic unit, includes a set of tasks that are classified, as a rule, as follows:
- Reproduction: pregnancy, childbirth, artificial or breastfeeding, birth planning, etc.; Execution: they are aimed at cleaning, feeding, clothing, nursery, gardening, driving vehicles, etc. Management: management, delegation of functions of execution, and others; yDe socialization and affective care: aimed at the non-material care of those who make up a family.
Institutionally they form a complex and extensive set of possibilities that are commonly summarized and integrated into:
- Internal employee (with an overnight stay), also called doors indoors or without retirement; External employee (without an overnight stay), also called doors outside or with retirement; Employee who is responsible for the overall responsibility of the home: Employee who is in charge of the tasks more specific domestic.
The job insecurity of domestic work is characteristic of the different modalities in this activity, but in particular it is for domestic workers behind closed doors. This is reflected in certain aspects of this modality, such as shorter rest times than that established by the legislation for other workers and payment for services in money and in kind. For out-door domestic workers, the occupation has come closer to the legal regulation and working conditions of other workers, even though differentiated rules of social protection persist. Both modalities do not report the same duties or obligations for employers and employees, nor do they imply the same restrictions, so that the same tenor must be the legal assessment.
The domestic work sector in light of today introduces challenges for its legal regulation of still undefined concepts such as whether employees are permanent or hourly, degree of specialization for certain activities (caregivers), tasks typically of women or men, among others. The legal relationship becomes more complex with the appearance of labor mediation agencies, in this case the work for others is carried out in relation to this agency, which in turn establishes a commercial relationship with the contracting family.
The formalization of the legal bond in domestic work is carried out through a contract generally recognized as labor, either verbal or written as its validity is recognized, their names may be different: Contract of work in the Home, in the Republic of Chile, Contract of work related to domestic service, in the Republic of Costa Rica, Contract of domestic work, in Argentina, Contract of work of domestic service, in the Republic of Ecuador.
The trend of endorsement on the birth or termination of the contract does not differ greatly from the general regime; however, the regulation on: rights, obligations, working hours, rest and remuneration varies, from more detailed (Spain-Argentina) to more deregulated with more margin to the will of the parties (Chile-Paraguay). In some countries, the minimum wage limit is legally protected, as in Spain and Bolivia. (Vid. Annex)
Studies carried out in the Latin American region show that the problem is not reduced to the incomplete regulation of paid domestic work, but also that the level of non-compliance with legal regulations is very high in the case of domestic workers, especially with regard to the formality of the legally corresponding employment relationship. It is precisely the association of domestic work with notions of family and non-productive work inducing factors to perceive it outside of a normal employment relationship and to justify both insufficient regulation and the high degree to which it is violated.
In our opinion, it constitutes a special labor relationship, which has as configurational presuppositions of its labor legal nature: remuneration, habituality, dependency and foreignness. Given that in Cuba there is no specific labor regulation of the institution, but the legal socioeconomic manifestation of the activity with an applicable device framework, merits a particular treatment.
4. New realities regarding domestic work in the Cuban legal system
Although the flourishing of domestic work with new characteristics constitutes a Cuban socioeconomic reality, the existing knowledge and treatment of said work activity is limited; evidenced in the lack of investigations in this regard, that promote and support adequate legal protection. For this reason, we propose to provide arguments demonstrating the need and usefulness of expanding the theoretical-normative protection, the consequent respect and protection of the labor rights of domestic workers.
The world employment crisis has also affected Cuba, which is why, like other countries, the revolutionary government has been applying a set of policies and measures that will allow for the reorganization of labor, which is why self-employment activities have increased, among which is fixed that of domestic staff.
In our Magna Carta, Cuba is consecrated as a socialist state of workers, the concept of working people is identified and the right-duty to work is the first to be invoked, without distinction of the type of established employment relationship, provided that it is lawful and honest; therefore nothing denies the general constitutional protection of domestic work like any other.
The most specific protection of paid domestic activity appears from the administrative and social security point of view in the following regulatory bodies:
- Resolution No. 33 of September 6, 2011, of the Minister of Labor and Social Security, which establishes the Regulation for the exercise of self-employment, which in its Annex No. 1, includes among the activities authorized for the exercise from self-employment, as number 79, to domestic staff; and as number 30, to the Caregiver of the sick, people with disabilities and the elderly. Decree-Law No. 284, of September 2, 2011, "Modifying Decree-Law No. 278 of September 30, 2010," From special social security scheme for self-employed workers ”
After examining the content of these provisions, it is clear to us that Resolution No. 33 of September 6, 2011, of the Minister of Labor and Social Security, due to its scope and meaning, only establishes a procedure by which it is authorized The exercise of self-employment, for the activities of domestic staff and caregivers, does not regulate the employment relationship established between the employer and the domestic employee; Following the same lack, the social security regulations applicable in general to all self-employment activities do not correspond to the special nature of domestic work, since they do not adequately adjust to their legal nature.
For its part, the Cuban labor legal system ignores domestic work as such a legal relationship, so the contractual relationship remains on the level of private law only with room for protection in the civil system, possibly as a service contract. As we have already seen due to its legal construction, it is not adapted to the habituality, stability, uniqueness and position of the subjects related to domestic work, although it is also called service without distinction. Even the regulatory perspective of the new Labor Code does not include such a relationship because within special relationships, it refers to work relationships between workers and natural persons authorized to act as employers,where are not all those who hire domestic workers (legalized or not as self-employed).
It is evident the lack of a special legal regime for the obligatory link of domestic work and its various modalities, as well as sufficient labor protection for these workers, although in Cuba their precariousness cannot yet be affirmed. The instrumentation of said regime demands permissive multidisciplinary specialized studies and research for the elaboration of the models or patterns that serve as a foundation, support or guide for the construction of concrete and effective legislative projects that ensure the operation of this special employment relationship.
It is not simply a matter of regulating domestic work through a package of legislation, but of doing it appropriately according to its nature and complexity, which enables the endorsement of workers' rights, let us also say their obligations, in addition to the rights and obligations of employers and other important aspects adjusted to our context related to working conditions, rest and formality of the act where they are collected. The doctrinal and normative criteria issued in this regard internationally can be taken as legal technical references.
It is an activity pending to define for the national legal dogmatics, however, in our opinion it clearly belongs to the informal sector, but it is erroneously defined as self-employment: since it is work for others, where elements such as dependency, interpersonal bond and remuneration. Furthermore, it is necessary to point out that the activity of caring for the sick, people with disabilities and the elderly is collected separately from that of domestic staff, despite their unitary historical, doctrinal and regulatory consideration as a domestic worker; when the work is done at home.
Currently with just a look around us we realize that many Cuban families employ domestic work, even without the existence of the administrative authorization of the employees. This activity takes different forms, daily or several times a week or month, multitasking or specific activities, total or hourly fixed remuneration or activity, irregularities regarding paid rest, infrequent overnight stays; There are hardly any formalities for the validity of the relationship.
The social consequences of legal non-regulation glimpse its manifestations, the extension of the practice of domestic employment augurs its undoubted repercussion for Cuban Law, as stated by two great labor professionals interviewed for this work:
Dr. Juan Antuch Beltrán, argues that taking into account the new economic model, the openness and facilities given to self-employed workers and the possible strengthening or creation of some private entities, a boom in demand for labor is looming. for the provision of domestic and gastronomic services, therefore, a legal regulation must be established by the State to guarantee in this case the most basic rights of domestic personnel.
Ms.C. Héctor Suárez Granda, asserts that despite the partial regulation in Cuba of domestic work, when considering self-employment and its protection by social security, it is undoubted, given the characteristics of the activity, that both of the working people of the home, as of the people who receive the service, they are helpless in all aspects; There are multiple reasons that recommend its endorsement with a special character, because domestic work is in conditions of job insecurity.
In general, both experts agree on the need to provide legal protection to domestic workers, with the particularity that Dr. Juan Antuch Beltrán emphasizes that the legal regulation that is issued in question guarantees the defense of rights of these workers, while Ms C Héctor Suárez Granda reflects that domestic work should be regulated with a special character, taking into account the complex conditions in which such work is carried out, which leads to insufficient protection of the subjects in the relationship and homelessness of these workers.
5. Conclusions
Domestic work is essential in the running of our societies and much of the effort invested in doing it is done by women. Recognizing the contribution of domestic service in the functioning of society is increasingly necessary, since without it many families and people could not integrate into social and economic life, especially today, where generally both men and women must work to the livelihood of the home, or worse, when a single mother is the one who supports the family. It contributes to social reproduction and the maintenance of the labor force, which also constitutes a key factor for the functioning of society and national economies.
New thresholds are discovered with the evolution of Cuban society in the face of family dynamics, the scientific and professional insertion of women, population aging, the protection of space in the home of the disabled, the need for employment and other contemporary situations where inserts domestic work; Law cannot turn its back and demand support from other sciences, from the citizen and political will.
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Annexed
Recent legal reforms to paid domestic work in Latin America
Country. Legal instrument
Argentina. Decree 485 (2000). Regulation of the special social security regime for domestic employees.
It establishes the obligation of contributions and contributions by the employer for its domestic employees who work 6 or more hours per week.
Bolivia. Domestic Worker Law (2003).
It regulates the salaried work of the home stipulating rights and obligations for employees and employers.
Brazil. Constitution of the Federative Republic (1988).
It expands the rights of domestic employees established in Law 5,859 / 1972 (2006).
Chile. Law 19,591 (1998).
It recognizes the right to maternal protection for domestic workers.
Costa Rica. Draft Law (2002).
Bill sent to Parliament that proposes to equalize the rights of domestic employees to other workers in relation to working hours and rest periods.
Nicaragua. Regulation 202 (1978). Application of social security to domestic service workers.
It establishes the mechanisms for calculating the reference salary, financing and collection. Defines employer (12%), labor (3%) and state (4%) contribution, in addition to other benefits such as maternity insurance, disability and funeral aid.
Peru Law 27,986 (2003). From domestic workers.
It regulates the salaried work of the home stipulating rights and obligations for employees and employers.
Uruguay Law 18,065 (2006).
It equates the rights of domestic workers to those of the rest of the employees.
