In the heart of Tanzanian households, amidst the bustle of daily life, lies a workforce often rendered invisible: domestic workers.
These individuals, the nannies, cleaners, and cooks who care for families and homes, form the backbone of countless lives.
Yet, their contribution remains largely unrecognized, and their rights, enshrined in legislation, can feel distant and elusive.
This investigation delves into the complex legal and social landscape surrounding domestic workers in Tanzania, asking to what extent labour legislation truly protects their rights.
The well-being of domestic workers is inextricably linked to Tanzania’s social and economic health.
When vulnerable individuals are exploited, the entire nation suffers.
Children denied education due to forced labour and communities divided by systemic inequality – these are the real costs of failing to protect the rights of domestic workers.
This investigation delves into the complex legal landscape surrounding domestic workers in Tanzania, propelled by a personal commitment to justice and a deep concern for the nation’s well-being.
We will dissect the provisions of the Employment and Labour Relations Act and the Law of the Child Act, uncovering their effectiveness in safeguarding the rights of this workforce.
This investigation will paint a clearer picture of the lives of “House boys/girls” (the common term used to refer to domestic workers in Tanzania). These stories often go unheard in the ‘invisible industry’.
Firstly, interviews with domestic workers with different responsibilities revealed a spectrum of experiences, from fair employers to exploitative situations.
This firsthand exposure highlighted the economic vulnerabilities of unclear labour regulations and weak enforcement.
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Their voices are gathered anonymously by distributing printed surveys to domestic workers.
This initiative highlighted the need for stronger legal frameworks and enforcement mechanisms, aligning with insights from other engagements.
Across all interviews, the average starting age for these workers was a shockingly low 15.75 years, with one individual reporting they began working as young as 14.
The legal age to begin working in Tanzania is 14; however, the nature of domestic work goes against the guidelines for employing minors. The Employment and Labour Relations Act of 2004 states, “Employment of a child must not affect the child’s attendance at school, and they may be employed to work in an establishment for not more than 6 hours per day.
A child cannot be made to work for more than three consecutive hours without at least one hour of rest”.
We inquired about their education level when they entered the workforce. Unfortunately, many hadn’t completed Form 4, the secondary school certificate typically required for further education or most corporate jobs.
Employers may be unaware of, or simply choose to overlook, the ages of their young employees, capitalizing on the fact that legal adults can work longer hours.
This highlights a critical gap in the enforcement of laws protecting children from these kinds of work, leaving these young workers particularly vulnerable to exploitation.
It is important to note that the domestic workers interviewed began working before implementing the Education and Training Policy 2014, which mandates free secondary education for all children.
While this policy represents a positive step, its effectiveness in addressing the challenges faced by domestic workers, especially those already in the workforce, is yet to be seen.
The interviews revealed a reality for many domestic workers: limited access to education due to financial constraints or low academic performance.
Parents often had to choose between sending their children to school and meeting basic family needs.
This financial and educational inequality fuelled a system where children entered the workforce at a young age, hindering their future opportunities.
Previously, the cost of secondary education acted as a significant barrier, effectively isolating a large segment of the population and limiting their educational and career prospects.
However, introducing the circular offering free secondary education presents a potential turning point.
This initiative goes beyond fulfilling the constitutional obligation of providing free primary education. It aligns Tanzania with Sustainable Development Goal 4, aiming to ensure everyone receives free, equitable, and quality primary and secondary education.
By eliminating school fees, the government hopes to replicate the success observed in 2002 when free primary education led to a surge in enrollment rates. If successful, this policy shift could break the financial and educational inequality cycle that often pushes children into domestic work.
While it’s still too early to determine the impact of this policy conclusively, it offers a glimmer of hope for long-term change.
Increased access to education can empower young people, equip them with skills for better employment opportunities, and potentially reduce the number of children entering the domestic workforce at a young age.
The survey findings unveil a crucial aspect of the domestic work industry in Tanzania: informalization.
Despite legal mandates, the complete absence of written contracts highlights the prevalent informal nature of these working arrangements.
This connects with informality within the global economy, where a significant portion of the workforce operates outside formal regulations and legal protections.
This informality creates unequal power dynamics and disadvantaged domestic workers. Without written contracts, it becomes extremely difficult to provide evidence of labour rights violations (a concept central to the International Labour Organization’s core conventions).
This hinders their ability to seek legal recourse. Of the 17 survey participants, only one had seen a colleague go to authorities with reports of violations, only for the case to end in dismissal.
The lack of institutional support for domestic workers further exacerbates their vulnerability. The absence of government or NGO initiatives dedicated to representing them in court cases suggests a failure of institutions to provide access to justice for marginalized groups.
This resonates with the state’s responsibility to uphold human rights and ensure access to legal processes for all citizens.
Furthermore, the survey results, revealing widespread fear of losing employment and enduring abuse due to financial constraints, underscore the economic disenfranchisement and power imbalances that limit domestic workers’ capacity to challenge unfair working conditions.
This situation echoes the concept of structural violence, where systematic and invisible social structures perpetuate inequalities and hinder individuals’ ability to access their rights.
These findings suggest the need for a different approach to address the challenges domestic workers face in Tanzania.
This may include strengthening legal frameworks to address the issue of formalization and ensuring mandatory written contracts.
Additionally, promoting access to legal aid and fostering the development of institutions dedicated to supporting domestic workers are crucial steps.
Finally, expanding the reach and capacity of labour unions to encompass domestic workers beyond the formal sector can significantly empower this vulnerable group.
While the domestic workers’ union plays a commendable role in improving the lives of those employed by corporations, the harsh reality is that most domestic workers in Tanzania operate outside their reach.
These individuals, like nannies, gardeners, drivers, and watchmen, typically rely on word-of-mouth recommendations and lack formal employment contracts.
This raises a crucial question: who safeguards the rights and well-being of these individual domestic workers?
While seemingly adequate, Tanzania’s existing labour legislation lacks specific provisions tailored to protect domestic workers. Despite the 2010 national census, over a million adults in the workforce were recorded as “House boys/girls.”
This absence of tailored regulations leaves them vulnerable to exploitation and hinders access to basic protections afforded to other workers in the formal sector.
Research confirms these vulnerabilities by delving deeper into the issue. The Tanzanian government has established a minimum wage of TZS 60,000 per month (approximately USD 23.53).
However, a study conducted in the Arusha region revealed a stark discrepancy.
The study found that 92.5% of domestic workers receive significantly less, earning between TZS 20,000 and TZS 50,000 per month).
This is well below the minimum wage mandated in Section 19 of the Employment and Labour Relations Act of 2004.
While many interviewees understandably hesitated to disclose their exact salaries, a common sentiment emerged.
Initially informing participants about the minimum wage and then inquiring about their perception of fair compensation, I gathered that a significant portion of domestic workers are underpaid compared to the minimum wage and feel inadequately compensated for their responsibilities within a household.
This suggests that prevailing community attitudes towards the nature of domestic workers’ obligations and a lack of awareness regarding minimum wage regulations likely contribute to low wages in this sector.
Recognizing that domestic work is often characterized by long working hours, low pay, and minimal social protection, it becomes imperative to foster awareness creation initiatives targeting domestic workers and their employers.
These initiatives should aim to disseminate information on minimum wage guidelines, established by the International Labour Organization (ILO) in 2012 and further reinforced by the Tanzanian government, to empower workers and promote fair compensation for their contributions.
Nearly 60% of the domestic workers interviewed and rescinded to the survey originated from around Dar es Salaam. They stated they were not entirely comfortable expressing themselves in Swahili and even less in English.
This language barrier adds another layer of vulnerability to their already precarious situation.
As you move west or north in Tanzania, regional languages increase, further complicating communication.
While Swahili was declared the national language upon independence in 1961, aimed at fostering national unity, its effectiveness in bridging communication gaps in the current context remains limited.
Limited access to education further contributes to the problem.
This resonates with global discussions on education and social mobility, where a lack of formal education (in this case, limited fluency in Swahili and English), generally due to financial restraints, keeps people from learning government-mandated Swahili until the completion of secondary school, this can exacerbate existing inequalities and hinder individuals’ ability to access their rights and opportunities.
The reliance on basic conversational Swahili among domestic workers and many employing families, especially immigrant families, who speak English or another language at home creates a significant communication gap.
An imbalance arising from language barriers silences many domestic workers and hinders their ability to advocate for themselves, report abuse, or request improved working conditions.
This situation reinforces the power dynamics in which domestic workers, especially those from rural areas, are left vulnerable.
They lack the financial resources to seek legal representation and the language skills to communicate their concerns effectively.
This aligns with the concept of systematic inequalities. In this case, language barriers perpetuate power imbalances and hinder individuals’ ability to access justice.
A 2020 study from the Tangweru Community Development Journal further emphasizes the gravity of this issue. The study found that most domestic workers come from rural parts of Tanzania and lack the financial means to employ legal representation.
The lack of language skills and the absence of financial resources leave these workers defenceless.
While Tanzania’s legislative efforts, such as the Employment and Labour Relations Act and the Law of the Child Act, serve as a starting point, their current form provides little solace for most domestic workers.
This exposes a pervasive system of exploitation, underpayment, and a profound lack of legal protection.
The informal nature of the industry, characterized by verbal contracts and absent written agreements, makes enforcing rights nearly impossible for workers. Furthermore, limited access to education and language barriers create insurmountable obstacles to their ability to advocate for themselves.
While the domestic workers’ union offers some support, its reach primarily extends to workers employed by companies, leaving the vast majority, often minors, vulnerable and unprotected.
This imbalance of power is further exacerbated by financial constraints and fear of job loss, silencing voices and perpetuating a cycle of exploitation.
Addressing these issues demands a multifaceted approach.
Structural changes, including implementing standardised contracts, increasing awareness of minimum wage, and accessible legal support systems, are crucial first steps.
Empowering workers through education and language skills development will equip them to advocate for themselves and challenge unfair practices.
Strengthening the domestic workers’ union and encouraging collective action will provide much-needed leverage and bargaining power.
This requires a collaborative effort from the government, employers, unions, and civil society.
The government must prioritize effectively enforcing existing legislation and introducing specific protections tailored to the domestic work sector.
Employers must commit to fair treatment and respect for worker rights. Unions, empowered with broader reach and resources, can become strong advocates for worker rights.
Ultimately, ensuring dignified working conditions and fair treatment for domestic workers is about upholding their rights and recognizing their critical role in Tanzania’s social and economic fabric.
It is a matter of justice, equity, and the nation’s well-being.
This journey towards a more just future for domestic workers requires commitment, collaboration, and decisive action, and it begins with acknowledging the realities of the average Tanzania domestic worker.
