Migrant Home Attendants
Migrant Home Attendants
We found significant between-country differences in the living and working regulations for foreign home attendants; 6 countries fall into 2 main categories. Singapore and Spain have very few regulations concerning the working and living conditions of migrant home attendants, unlike Canada, Germany, the United Kingdom, and Israel, which have enacted much more comprehensive regulations. These regulations are designed to protect foreign workers from unfair working and living conditions. The United States alone has no official policies concerning the working and living conditions of migrant home attendants. Regulations concerning working conditions of foreign domestic caregivers in the 7 countries are presented in Table 2.
Singapore's visa program for foreign home attendants offers very limited protection. These workers, whether foreign or local, are not covered by the Employment Act. Consequently, no specific regulations address minimum wage, hours of work, rest days, or public holidays. The regulations concerning living conditions are hazy to nonexistent. For instance, guidelines to employers of foreign domestic workers (FDWs) offered by the Singaporean Ministry of Manpower state,
Where possible, your FDW should be given a separate room of her own. If that is not possible, you should ensure that sufficient space and privacy are provided for your FDW.
Hence, providing the home attendant with a separate room is not an obligation, and even the stipulation regarding a sufficient space is neither quantified nor defined in detail. Although the regulations stipulate that employers should provide food, a bed with a mattress, a blanket, towels, and toiletries, they do not require respect for privacy (e.g., private room, private storage space, private bath, or at least an available facility within a reasonable distance). Employers are encouraged, but not required, to sign a written contract with a home attendant.
Singapore's limited requirements for employers of home attendants mainly involve buying health and work safety insurance against injuries on the job. Violence against employees (e.g., willfully causing hurt, wrongful confinement, assault, or rape) is prohibited and can be penalized by law, if such acts are reported.
Spain has enacted regulations regarding basic conditions, such as minimum wage (set at €641 per month for 2012), maximum 40-hour workweek, and the obligation of employers to draft and sign a mutually agreed-upon contract with their employees. Employers are not required to provide medical insurance or unemployment benefits for home attendants or to pay a share of their social insurance.
Among the 4 countries with more extensive regulations designed to protect migrant home attendants, Canada's is the most comprehensive. All home attendants (hired within the framework of the 2-year Live-in Caregiver Program) are entitled to the legal minimum wage as well as to room and board. Employers are required to provide home attendants with a furnished and lockable private room (including private bath and toilet), which should be properly heated and ventilated. The residence structure should have no visible or needed repairs, and it should (at least) comply with the standards of community residential buildings.
Employers of foreign home attendants are obligated to pay medical and workplace safety insurance in full (i.e., they are forbidden to deduct any part from employees' salary). Employers also have to pay the travel expenses of foreign home attendants from their home country to Canada, as well as reimburse them for any mediation fees they had to pay. Finally, employers are required to provide a clear written contract specifying the work conditions (e.g., holidays, days off, wages, overtime wages).
Israel has detailed but less generous requirements for the minimum accommodations provided for foreign home attendants. Home attendants are not guaranteed a private room, but employers are required to provide a proper bed, a lockable private cabinet, a heated and ventilated room (private or shared), access to a bathroom at a reasonable distance, and access to a refrigerator and washer. Israel's official regulations state that foreign home attendants are entitled to 9 holidays per year, in accordance with the religion they practice, and 36 hours' leave from work per week. They are also entitled to receive the standard minimum wage (23.14 NIS/hour, equivalent to ~US $6). Employers of home attendants are expected to pay their workers a higher hourly rate for overtime (i.e., work of > 8 hours/day or > 45 hours/week).
In Germany, the care recipient or recipient's family can take on the role of employer for a foreign caregiver. An employment contract regulates tasks and amount of work. Minimum wage must not be "immoral": the recommended hourly rates are €8.75 in West German states and €7.75 in East German states. Workers who come to Germany from Bulgaria and Romania receive €1341 per month in East Germany and €1587 per month in West Germany. Younger employees (< 30 years) are entitled to 26 days of vacation per year; employees aged 30 years and older are entitled to 30 days of vacation per year. Home attendants from other EU countries are entitled to at least 24 vacation days per year and a working day of 8 hours. Further regulations deal with protection against dismissal, probation time, accommodations (the asset value is calculated at €180/month), and the provision of meals (calculated value is €219/month). Employers and employees share the costs of social contributions including health insurance. Employers must contribute to the health care fund, the long-term care fund, retirement insurance, and statutory casualty insurance for the worker.
The situation is different for home attendants sent to Germany by an organization or company that offers the same service in their home country. In this case, the caregiver's stay is limited to 24 months. If the care recipient requires further care, the company can send a replacement caregiver. The organization takes on the role of employer, fulfilling all social and governmental obligations in the home country of employees. Immorally low wages are forbidden. Since January 2012, Germany has mandated minimum wage salary for all employees in nursing and long-term care positions, even if they are not classified as professional caregivers. The regulation of working time corresponds to German law. Usually, the care recipient is obliged to make room and board available. Commonly, reimbursement for travel expenses, phone, Internet, satellite TV, and, on occasion, a brokering fee (at present ≤ €1000) must be paid by care recipients or their families.
Still other regulations are in place for self-employed home attendants, also known as sole traders, who are responsible for all duties imposed by the trade law in their country of origin. Frequently, German authorities suspect that their entrepreneurship is only a pretense to avoid social security contributions. Selfemployed domestic helpers and caregivers sign a contract with their client and freely negotiate the price for the service. At present, prices vary between €1300 and €2000 per month, in addition to room and board. Accommodation is not required; it is in fact illegal for self-employed home attendants to live in the home of the person for whom they are caring. Regional differences affect wages, as do special capabilities, such as proficiency in German or qualification as a nurse.
The United Kingdom has no separate legal programs designed specifically for home attendants and therefore no regulations concerning their living conditions. Indeed, even the Web site of Kalayaan, a key nongovernmental organization advocating for the rights of immigrant home attendants, has no reference to minimal living conditions. However, home attendants share a few basic rights with other workers in the country. These include 24 hours' leave from work every week, 28 paid holidays each year (for fulltime workers), and statutory sick pay of £79.15 per week for workers who are sick for 4 or more days and provided they earn £82 or more per week. Workers are entitled and mandated to contribute to national insurance (covering such expenses as pensions and unemployment pay but not health care); this is deducted from their salary. Working conditions and wages are stated in a work contract, which is to be signed within 2 months of employment. Kalayaan advises home attendants not to work more than 48 hours a week, but employers have no legal obligation to observe this cap.
Regulation of Working and Living Conditions
We found significant between-country differences in the living and working regulations for foreign home attendants; 6 countries fall into 2 main categories. Singapore and Spain have very few regulations concerning the working and living conditions of migrant home attendants, unlike Canada, Germany, the United Kingdom, and Israel, which have enacted much more comprehensive regulations. These regulations are designed to protect foreign workers from unfair working and living conditions. The United States alone has no official policies concerning the working and living conditions of migrant home attendants. Regulations concerning working conditions of foreign domestic caregivers in the 7 countries are presented in Table 2.
Limited Regulations
Singapore's visa program for foreign home attendants offers very limited protection. These workers, whether foreign or local, are not covered by the Employment Act. Consequently, no specific regulations address minimum wage, hours of work, rest days, or public holidays. The regulations concerning living conditions are hazy to nonexistent. For instance, guidelines to employers of foreign domestic workers (FDWs) offered by the Singaporean Ministry of Manpower state,
Where possible, your FDW should be given a separate room of her own. If that is not possible, you should ensure that sufficient space and privacy are provided for your FDW.
Hence, providing the home attendant with a separate room is not an obligation, and even the stipulation regarding a sufficient space is neither quantified nor defined in detail. Although the regulations stipulate that employers should provide food, a bed with a mattress, a blanket, towels, and toiletries, they do not require respect for privacy (e.g., private room, private storage space, private bath, or at least an available facility within a reasonable distance). Employers are encouraged, but not required, to sign a written contract with a home attendant.
Singapore's limited requirements for employers of home attendants mainly involve buying health and work safety insurance against injuries on the job. Violence against employees (e.g., willfully causing hurt, wrongful confinement, assault, or rape) is prohibited and can be penalized by law, if such acts are reported.
Spain has enacted regulations regarding basic conditions, such as minimum wage (set at €641 per month for 2012), maximum 40-hour workweek, and the obligation of employers to draft and sign a mutually agreed-upon contract with their employees. Employers are not required to provide medical insurance or unemployment benefits for home attendants or to pay a share of their social insurance.
More Comprehensive Regulations
Among the 4 countries with more extensive regulations designed to protect migrant home attendants, Canada's is the most comprehensive. All home attendants (hired within the framework of the 2-year Live-in Caregiver Program) are entitled to the legal minimum wage as well as to room and board. Employers are required to provide home attendants with a furnished and lockable private room (including private bath and toilet), which should be properly heated and ventilated. The residence structure should have no visible or needed repairs, and it should (at least) comply with the standards of community residential buildings.
Employers of foreign home attendants are obligated to pay medical and workplace safety insurance in full (i.e., they are forbidden to deduct any part from employees' salary). Employers also have to pay the travel expenses of foreign home attendants from their home country to Canada, as well as reimburse them for any mediation fees they had to pay. Finally, employers are required to provide a clear written contract specifying the work conditions (e.g., holidays, days off, wages, overtime wages).
Israel has detailed but less generous requirements for the minimum accommodations provided for foreign home attendants. Home attendants are not guaranteed a private room, but employers are required to provide a proper bed, a lockable private cabinet, a heated and ventilated room (private or shared), access to a bathroom at a reasonable distance, and access to a refrigerator and washer. Israel's official regulations state that foreign home attendants are entitled to 9 holidays per year, in accordance with the religion they practice, and 36 hours' leave from work per week. They are also entitled to receive the standard minimum wage (23.14 NIS/hour, equivalent to ~US $6). Employers of home attendants are expected to pay their workers a higher hourly rate for overtime (i.e., work of > 8 hours/day or > 45 hours/week).
In Germany, the care recipient or recipient's family can take on the role of employer for a foreign caregiver. An employment contract regulates tasks and amount of work. Minimum wage must not be "immoral": the recommended hourly rates are €8.75 in West German states and €7.75 in East German states. Workers who come to Germany from Bulgaria and Romania receive €1341 per month in East Germany and €1587 per month in West Germany. Younger employees (< 30 years) are entitled to 26 days of vacation per year; employees aged 30 years and older are entitled to 30 days of vacation per year. Home attendants from other EU countries are entitled to at least 24 vacation days per year and a working day of 8 hours. Further regulations deal with protection against dismissal, probation time, accommodations (the asset value is calculated at €180/month), and the provision of meals (calculated value is €219/month). Employers and employees share the costs of social contributions including health insurance. Employers must contribute to the health care fund, the long-term care fund, retirement insurance, and statutory casualty insurance for the worker.
The situation is different for home attendants sent to Germany by an organization or company that offers the same service in their home country. In this case, the caregiver's stay is limited to 24 months. If the care recipient requires further care, the company can send a replacement caregiver. The organization takes on the role of employer, fulfilling all social and governmental obligations in the home country of employees. Immorally low wages are forbidden. Since January 2012, Germany has mandated minimum wage salary for all employees in nursing and long-term care positions, even if they are not classified as professional caregivers. The regulation of working time corresponds to German law. Usually, the care recipient is obliged to make room and board available. Commonly, reimbursement for travel expenses, phone, Internet, satellite TV, and, on occasion, a brokering fee (at present ≤ €1000) must be paid by care recipients or their families.
Still other regulations are in place for self-employed home attendants, also known as sole traders, who are responsible for all duties imposed by the trade law in their country of origin. Frequently, German authorities suspect that their entrepreneurship is only a pretense to avoid social security contributions. Selfemployed domestic helpers and caregivers sign a contract with their client and freely negotiate the price for the service. At present, prices vary between €1300 and €2000 per month, in addition to room and board. Accommodation is not required; it is in fact illegal for self-employed home attendants to live in the home of the person for whom they are caring. Regional differences affect wages, as do special capabilities, such as proficiency in German or qualification as a nurse.
The United Kingdom has no separate legal programs designed specifically for home attendants and therefore no regulations concerning their living conditions. Indeed, even the Web site of Kalayaan, a key nongovernmental organization advocating for the rights of immigrant home attendants, has no reference to minimal living conditions. However, home attendants share a few basic rights with other workers in the country. These include 24 hours' leave from work every week, 28 paid holidays each year (for fulltime workers), and statutory sick pay of £79.15 per week for workers who are sick for 4 or more days and provided they earn £82 or more per week. Workers are entitled and mandated to contribute to national insurance (covering such expenses as pensions and unemployment pay but not health care); this is deducted from their salary. Working conditions and wages are stated in a work contract, which is to be signed within 2 months of employment. Kalayaan advises home attendants not to work more than 48 hours a week, but employers have no legal obligation to observe this cap.
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