How do migrant workers successfully
enact labour and social rights? ‘Respekt’, a local network
established by Polish live-in care workers in Basel, Switzerland, challenges
widespread assumptions held by unions.
The openMovements series invites leading social scientists to share their research results and perspectives on contemporary social struggles.
vpod protest, Basel, May,2015. All rights reserved.They appeared suddenly, had voices and faces: Polish women care workers tending
elderly persons in Switzerland in what is a 24-hour job. At the 2014 May Day march
in Basel, Switzerland, they took centre stage at the ‘expense’ of the
established labour unions. Wearing self-made scarfs in the red and white
colours of the Polish flag, they carried a large banner with the slogan “No
more exploitation - We demand rights and respect!” Other banners read “A six
hour salary for a 24-hour job?! Not on our watch!” “A
six hour salary for a 24-hour job?! Not on our watch!”And as the demonstrators
reached the local parliament, Bozena Domanska, a Polish care worker, climbed on
stage and started to speak about her work:
“Just like thousands of other women from eastern Europe, I know what it
means to work 24 hours a day and take care of elderly persons. The work itself is
not the problem. The problem is the isolation we live in as women confined to the
private household of others, without contact with other people, with no life of
our own, responsible day and night for persons who are ill. We live a life dictated
by the rhythm of others, from eating times and the kind of TV programmes we
watch all the way to sleepless nights.”
In clear words she decried the practices of her employer, a private care-enterprise
making large profits by exploiting their employees, women care workers.
“It is scandalous that women working around the clock earn wages on which they
cannot live. Many Swiss people seem to think that because we come from Poland
or Hungary these wages are sufficient. But the Swiss laws apply to us as well
and so do the Swiss labour rights. Employers still think that it is somehow natural
for women to do care work for free. But we have had enough of this! We established
the network Respekt to give women care workers a voice in the fight against
exploitation and wage dumping. As women we demand that care work is recognized across
Europe as an important contribution to society. So we fight for fair wages and a
better financing of care work.”
Challenges and barriers to the mobilization of migrant care workers
It is challenging to organize women care workers in labour unions. Home
care workers are engaged in households in what is considered the private sphere of the
family. The relation to their employers is based on strong personal ties. The
contracts governing their employment and working conditions are often vague and
they are geographically dispersed.
In this 24-hour job there are many women migrants living in Switzerland
temporarily and moving between their own families in eastern Europe and their
workplace in Switzerland in a rhythm of one to three months. As so-called ‘live-ins’
their working hours are not fixed and there is generally speaking no clear
guidelines as to when they can ‘call it a day’. Their dependency on these jobs
is strong as they provide for the family in their country of origin. At the
same time, they have little to no job security or even effective protection
against dismissal. Losing the job means losing income as well as the roof over
their head. Losing the job means losing income as
well as the roof over your head.
These circumstances call for unconventional ways and means of collective
action and organisation. As examples from different parts of the world show,
many care workers have networks before they enter into contract with labour
unions. Women care workers tend to organize outside existing structures and
institutions such as the established labour unions, in the more informal
political and social networks of ethnicity-based communities.
One of the reasons for this situation is that care workers, as migrants and
women working in the private sphere, are not the primary focus of male-dominated labour
unions. Furthermore, care workers tend to have a relatively weak identification
with their profession, as employment in the private sphere of household holds
little prestige. Care workers tend to see their professional activity as
transitory and temporary, as something they will turn their backs on as soon as
possible. This lack of valorization of their profession is one of the reasons
why care workers rarely construct a professional union-based identity. Identifying
with their respective community or migrant status is easier.
The Polish church as a center of social mobilisation
Polish care workers in Basel are no exception to this. Their social mobilization
and collective action are anchored in their community in which the Polish
church plays a crucial role. The church is a meeting point where women build
and maintain a social network beyond faith and religion. Going to church provides
a break from everyday life routines and a temporary escape from the controls
and demands of the household. The church is also a piece of home, a
transnational intermediary space. Time off to visit Sunday mass is rarely
rejected by an employer family. After mass, the care workers meet in the church
parish house for coffee and cake. In this space of intimacy they share their
worries as well as their experiences with employment agencies and families. “He (the boss) treats Poles like shit. He earns a fortune
thanks to us.”
In one of these Sunday gatherings Agata Jaworska made the courageous decision
to take her employer – a local job agency – to a labour court and sue for missing
payment for overtime and night attendance. She was supported by a Polish
colleague Bozena Domanska working for the same employer: “He (the boss) treats
Poles like shit. He earns a fortune thanks to us.” Bozena Domanska said that the
lawsuit was also intended to encourage other women. “We are Cinderellas from
the East. And because we are afraid we do not dare to stand up for ourselves.”
A local public services union (vpod) and a dedicated lawyer specialized in
labour law supported the two care workers. Crucial in the decision to file the
lawsuit was the support of the man in need of care whom Agata Jaworska attended.
He was infuriated by the care enterprise’s business practices and particularly
the fact that he was paying 10,000 CHF a month for his care but Agata Jaworska only received a
tiny fraction of the money.
A matter of Respekt
“We like to do our work but we will no longer be exploited. We demand fair
wages and working conditions in accordance with the local laws.” In the spring
of 2013, the two women took this message to a broader audience. A documentary
film about their work and lives in Poland and Switzerland was produced and
aired on national television. Polish women care workers now had a face. The positive
feedback to the documentary was substantial and encouraging as Polish women
care workers received many expressions of sympathy from the Swiss public. Polish women care workers received many expressions of
sympathy from the Swiss public.
The message spread and the two care workers’ network broadened as
colleagues joined their effort. Some connected with each other through facebook
and exchanges began about their work via social media. The care workers decided
to establish a group they called “Respekt” to convey their organisation’s main goal,
namely respect in everyday life for themselves and their work.
The lawsuit over unpaid overtime pay and the countless hours of night
attendance is part of a larger resistance against the image of the household as
the natural environment of women where work is not compensated in wages but compassion
and love. Such representations are propagated through job agencies which reinforce
the picture of “self-sacrificing”, “devoted helpers” and “good souls” to gloss
over the fact that care is work.
Beyond fair wages and working conditions, care workers demand more time for
rest and the right to leisure time. Spare time is a precondition for meeting
people outside the household, whether they are friends from the Polish
community or locals. While entering the workplace is usually equated with the
public sphere, for care workers the relation between private and public is
reversed. They only enjoy privacy once they leave the private household which is their
workplace and visit public places. Last but not least, spare time is an
important prerequisite for the ability to organize a labour union.
An unconventional way of organizing as a labour union
Today, the Respekt activists are regular members of the labour union VPOD. They
pay only a symbolic membership fee but have access to legal and social counselling.
At the same time, the Respekt network retains its grassroots orientation and
autonomy in relation to the established labour unions. At the founding meeting
of Respekt, the care workers decided to create a solidarity fund to support
others in their own labour-related lawsuits. Thirty percent of the sum awarded
in successful lawsuits is paid into this fund in order to finance and pay for
future legal action, lawyers and legal fees. They
only enjoy privacy once they leave the private household which is their workplace
and visit public places.
The monthly meetings in the union house after the Sunday mass remain a central
anchoring point for the Respekt network. The core activity is the exchange of
information about working conditions and rights, so-called “Know-your-rights-workshops”,
where care workers pass on their knowledge about social and labour-related
legal issues.
The Respekt activists consider the practical solidarity within the
groups just as important as the publically visible legal and political battles
over rights. The organisation does not focus solely on the situation at the
workplace but everyday life and issues such as circulating information on access
to healthcare services, residence permits, or even contracts for a cell phone.
Discussions extend to the way care work in their own families in Poland could be
organized and redistributed, for example, to the husband.
It is striking that the political subjectivities of many migrant activists are
rarely constructed in relation to their professional interests as care workers.
One reason for this is that many of them have initially learned different,
often academic, professions in Poland.
What provides a common ground and bond is the situation as migrants going
back and forth between two countries, the precarious dependency on job agencies
and the families in which they work, and the experience of having left the
solitary confines of the household. By collective action, the way migrant
workers self-identify changes, as they increasingly see themselves as subjects
with rights, as subject in a common fight for fundamental social and labour
rights.
Empowerment strategies
Empowerment strategies are crucial. Through such strategies, care workers
put themselves into the position of fighting for their rights in the household
and improving their own situation, for example by negotiating clear work agreements,
including leisure time and fair wages. Because of the overlap of work and
personal relations, care workers have a strong sense of moral obligation and
responsibility towards their direct employers. They are - as the feminist economist
Nancy Folbre put it – prisoners of love. By
voicing demands and standing up for their rights, they jeopardize ‘good relations’
with the family and risk being dismissed as ‘uncaring’. This dilemma has been
voiced time and again in the Respekt meetings. Empowerment
strategies are crucial.
At the gatherings, by sharing these experiences and engaging in role play,
the care workers try to develop strategies through which they can draw
attention to their own needs self-confidently and demand their rights for
self-care as well as respect for their own emotional and physical limits.
Improving German language skills is an essential tool. The Respekt-network
initiated German language courses in which women with good language skills
teach their colleagues and transmit essential communication skills. Practical
solidarity includes circulating information about job opportunities and, in
case of job loss, the network tries to organize temporary housing.
These different practices of support and solidarity empower the members of
the Respekt network. They are increasingly self-confident actors who raise
their voices and show pride in their work which is of enormous importance to
society but remains mostly unnoticed.
Slow political movement
Agata Jaworska’s lawsuit against her former employer is a success story. In
the spring of 2015, the court reached a verdict in her favor. Her employer had
to provide substantial sums of back pay and compensate Agata for night
attendance work at a rate of half of the regular minimum wage. The activists
celebrated the successful outcome of the legal battle by shouting «Wszyscy
jesteśmy Agatą!», (“We are all Agata”) and announced a flood of lawsuits. Since
then over a dozen care workers filed lawsuits against for profit labour broker
agencies. The precarious working conditions of live-in care workers are now
discussed at the national level. By the end of 2016, the Swiss Federal Council
will have to decide whether the labour laws will extend to private households. By the end of 2016, the Swiss Federal Council will have
to decide whether the labour laws will extend to private households.
The creative unionizing strategies by the Respekt network have drawn public
attention to the situation of care workers. But the Polish care workers have
also contributed to broader public discussions over the organisation of care
work and how fair working conditions are essential for a good health care
system taking care of the ever-growing number of persons in need.
The immense contradictions and injustices which characterize live-in work
relations persist. In particular the larger and fundamental questions of the global
and gendered distribution and value of care work remain unaddressed. A
continued push to keep the often unnoticed work provided in private households
on the political agenda is imperative.
In relation to the broader public debate around care work, initiatives such
as the Respekt-network point to the importance of going beyond the everyday
struggles of employees and toward the creation of alliances and cooperation
across borders. The Polish care workers in Basel have succeeded to step out of
their status as the object of political negotiation and develop their own strategies.
By doing so they challenge established labour unions and encourage them to
broaden their focus and open up to migrant networks and new forms and
organizational strategies by migrants employed in precarious work conditions.
How to cite: Schilliger S.(2016) Self-organised struggles of migrant care workers, Open Democracy / ISA RC-47: Open Movements, 18 September. https://opendemocracy.net/sarah-schilliger/self-organised-struggles-of-migrant-care-workers
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