A Compulsory Research Report Submitted in Partial Fulfillment of Requirements for Award of Bachelor of Laws (LLB) Degree of Mzumbe University
This study examines enforcement and implementation of the laws on the protection of domestic workers in Tanzania. Domestic work is one of the oldest occupations and among the most vital for the functioning of households and society as a whole. The domestic work sector is highly relevant, due both to its quantitative importance in terms of volume of employment that the activity contributes to the economy, as well as to its significant social and economic contribution in practically all modern societies. Despite their important contributions, discrimination, gaps in legal protections, and the hidden nature of their work place domestic workers at risk of a wide range of abuses and labour exploitation. Due to its characteristics, the domestic work sector is considered a difficult to cover group. The occupation is characterized by high job turnover, frequent in-kind payment, irregular wages and labour relations that are not usually established through a formal work contract.
Around the globe, domestic workers endure excessive hours of work with no rest, non-payment of wages, forced confinement, physical and sexual abuse, forced labor, and trafficking. Children and women domestic workers are often the most vulnerable groups.
The study was conducted in Dar es Salaam region specifically at Kinondoni and Ilala districts where the researcher managed to evaluate various aspects and gather information’s through interviewing different people in respect of the matters of the study. A case study research design was adopted to address the problem whereby interviews, questionnaire and documentary reviews were main methods of data collection.
The findings indicate that existing Tanzania labour laws are not efficiently implemented and enforced in the manner required to protect domestic workers. So the legal gap between labour laws creates a platform for domestic workers not to be recognized as real workers. As the result they are working under poor conditions and discriminated in various aspects.
To combat this situation facing domestic workers, strong plans should be taken to provide awareness and to empower them for the sake of understanding their rights. Additionally, the existing ineffective labour laws which create legal gaps should be amended and repealing other provisions which are outdated. And Tanzania should have special principal legislation which deals only with domestic workers as proposed by ILO Convention for domestic workers NO.189 of 2011 and its recommendation NO.201.