Employment law in relation to private domestic workers : does it offer sufficient protection?

Abstract

This Term Paper examines the Maltese employment legislation which applies to private domestic workers, identifying the conditions of employment that they are subjected to. It analyses the manner in which these conditions are enforced and the procedures adopted by the entities responsible. The ancillary aspect of registration of employment together with the level of formality is also considered. The final section then provides an overview of the Domestic Workers Convention and compares the fundamental rights outlined, with those under Maltese legislation. This approach has been adopted in order to analyse the research question put forward, that is, whether employment law offers sufficient protection to private domestic workers, adequately safeguarding their rights. The main concepts which emerged through this analysis were that Maltese employment law adequately regulates the conditions of employment, but an exception exists regarding dismissal which diminishes the protection afforded when employment is terminated. However, difficulties in compliance and enforcement have been identified.