Maternity protection for female non-standard workers in South Africa: the case of domestic workers

Abstract

Background Many women work in positions of non-standard employment, with limited legal and social protection. Access to comprehensive maternity protection for all working women could ensure that all women and children can access health and social protection. This study aimed to describe the maternity protection benefits available to women in positions of non-standard employment in South Africa, using domestic workers as a case study. Methods A qualitative descriptive study design was used. National policy documents containing provisions on maternity protection were identified and analysed. Interviews were conducted with purposively selected key informants. Data extracted from published policy documents and information obtained from interviews were triangulated. A thematic analysis approach was used for evaluation of policy content and analysis of the interviews. Results Twenty-nine policy and legislative documents were identified that contain provisions on maternity protection relevant to non-standard workers. These documents together with three key informant interviews and two media releases are used to describe availability and accessibility of maternity protection benefits for non-standard workers in South Africa, using domestic workers as a case study. Maternity protection is available in South Africa for some non-standard workers. However, the components of maternity protection are dispersed through many policy documents and there is weak alignment within government on maternity protection. Implementation, monitoring, and enforcement of existing maternity protection policy is inadequate. It is difficult for non-standard workers to access maternity protection benefits, particularly cash payments. Some non-standard workers have unique challenges in accessing maternity protection, for example domestic workers whose place of work is a private household and therefore difficult to monitor. Conclusion The heterogeneity of non-standard employment makes it challenging for many women to access maternity protection. There are policy amendments that could be made and improvements to policy implementation that would enhance non-standard workers’ access to maternity protection. Potential long-term benefits to women and children’s health and development could come from making comprehensive maternity protection available and accessible to all women.

Access to Maternity Protection and Potential Implications for Breastfeeding Practices of Domestic Workers in the Western Cape of South Africa

“…Inspections at households may be complex to organize, due to reasons previously reported on-domestic-worker employers being workers themselves and therefore not at home at the time when inspections are routinely done, or domestic workers' place of work being a private household and the employer therefore having the right to deny entry. The effort and resources required to follow up with employers of only one individual would require many inspectors that could be more efficiently deployed to businesses employing many staff [15]. Furthermore, it is unclear what the consequences for employers of non-compliance are.…”

“…In SA, the maternity-protection policy landscape has recently been described, including for domestic workers, and has been found to be fragmented and difficult for employers to determine their responsibilities and for workers to know their entitlements [14,15]. A comprehensive description of maternity protection in SA has been provided elsewhere [14], but a summary is available in Table 1.…”

“…A comprehensive description of maternity protection in SA has been provided elsewhere [14], but a summary is available in Table 1. Although most provisions of maternity protection apply to all working women, including domestic workers, it is more difficult for non-standard workers like domestic workers to access all components of maternity protection [15].…”

Gender Inequality in Developing Countries: A Multifactorial Review

“…Also, unpaid work negatively strains the economy, increases the burden of health issues, and decreases the quality of life for girls (Seedat & Rondon, 2021). An example of this is pregnant women in South Africa, where domestic work and field work leave them limited access to seek prenatal care (McCray, 2004;Pereira-Kotze et al, 2021).…”

Uneven reproduction: Gender, race, class, and birth outcomes

“…But when women are employed, Pereira‐Kotze et al. (2022) point out that, they dominate domestic work occupations. Historically, domestic work has been a major feature of South Africa's economic structure.…”