Access for domestic workers to labour and social protection – Malta

Abstract

In Malta the 2023 European Union Labour Force Survey data suggested that there were around 4,500 domestic workers (i.e. 1.5% of all workers). They were predominantly women, and they were primarily third-country nationals. Administrative data understate the number of domestic workers. A growing demand for domestic services is driven by a steady rise in female employment and the existence of state subsidies for care. While there is no precise definition of domestic work, two subsidiary laws define six different groups of domestic workers and their working conditions. These laws only cover domestic workers in two-party arrangements (i.e. directly employed by households). Domestic workers in three-party arrangements are covered by general labour legislation. Domestic workers in two-party arrangements enjoy conditions that are not inferior to general labour law, except that if domestic workers lose their employers’ confidence, they may be summarily dismissed without a notice period or compensation. Malta has ratified International Labour Organization Convention 189, which calls on countries to provide fair recruitment and working conditions to domestic workers. Care and cleaning work are believed to be the most widespread domestic services. In two-party agreements, cleaning work is often undeclared, while a generous state subsidy helps to ensure that care work is declared. Three-party agreements have become common, often subsidised by the state for eligible beneficiaries. Employment agencies play an important role in domestic work, particularly in procuring, or temping out, migrant domestic workers; the law regulating these agencies has been overhauled. Some domestic workers in three-party arrangements in larger organisations benefit from collective agreements, but this is far less likely in smaller organisations or two-party arrangements. Domestic workers in declared employment are as entitled as other workers to social security benefits, subject to meeting general contributory requirements. The same is true for self-employed domestic workers. However, the sizeable number of undeclared domestic workers fall outside social and labour protection. This applies mainly to domestic cleaners, for whom the costs and administrative burden of self-employment are seen to outweigh its benefits; and to their employers, for whom the various obligations to register and employ a part-time domestic worker are too complex. In respect of labour law, the difficulty in conducting inspections in private households makes detection of abuse, and compilation of evidence, quite difficult. Undeclared work in Malta is estimated to be high in general, but no specific data exist for domestic services. The Special Eurobarometer 498 illustrated that far more care and cleaning services were purchased than were registered in declared employment. Investigative capacities and penalties are low. Reforms to working conditions regulations should help to make declared work more beneficial, as do carers’ subsidies, in-work benefits and the tapering of benefits (for those taking up work on at least the minimum wage). Other measures include reforms allowing the payment of social security contributions on various part-time jobs, and the reduction of income tax on part-time work. The improved regulation of employment agencies should also help domestic workers. Public debate on the poor working conditions of migrants has intensified, although rarely related to domestic work. The prospective introduction of a skills card for migrant carers is controversial in terms of its fairness and effectiveness. The situation of domestic workers in Malta could be further improved by: regulatory amendments that provide for the specific risks faced by domestic workers; simplified administrative requirements that help undeclared domestic workers and their employers to move into social and labour protection; improved enforcement capacity and penalties; training; and a code of practice that clarifies the rights and responsibilities of all parties in domestic work. A joined-up approach is needed in respect of the protection of foreign domestic workers.