'Domestic helpers in Kuwait typically do not get weekly day off, despite labor law'

Dr Joanne Hands

Domestic helpers are a vulnerable group in most labor markets in the world. In Kuwait, abuse of domestic labor rights has been in the spotlight over the last few years with several high profile cases. The domestic labor law does offer important protections for employers and employees but it is often not implemented.

Although the majority of Kuwait's nearly 700,000 domestic workers are treated well, many do not receive their full rights. One of the most widely abused rights is that of a weekly day off.

Housemaids typically work 18-20 hours a day, some are deprived of medical attention, and some are virtually held as prisoners inside their sponsors' homes for months and years without a day off.

Labor law requirements

Kuwait's domestic labor law, which was passed and implemented in 2015, specifically mentions a 12-hour working day, a weekly day off and 30 days of annual leave for every domestic helper. To some, it seems the law is only on paper, as evidenced in a recent survey by Kuwait Times of more than 200 respondents, 70 percent of whom get no weekly day off.

Dr Joanne Hands, Clinical Director of Kuwait Counseling Center, explained the psychological impact of no weekly rest day on domestic helpers - and their ability to do their job.

"We can go back to the basics if we would like to understand the importance of a 'rest day' and the impact it has on humans," she said. "We are talking about all human beings regardless of their work. We all need the right to rest. According to Maslow's Hierarchy of Needs, man's basic needs are food and rest. Why? Because we need food to live and we need rest to perform better at the workplace," she told Kuwait Times.

In the Hierarchy of Needs, according to Hands, humans also need safety and security, intimate relationships, friends, prestige and feelings of accomplishment. At the top of the pyramid is achieving one's potential, including creative activities. She explained that in psychology, according to Maslow, a day off (or rest) is part of basic human requirements. But there are other needs like safety, belongingness and love, esteem and self-actualization.

Fundamental needs

"Notice physiological needs, which include food, water, warmth and rest, are in lower part of the pyramid, but belong to the most important and fundamental level of human lives. They serve as an anchor and the strongest side in the hierarchy of needs," she said.

Let's take a serious look at the physiological and emotional aspect of a domestic helper with and without a day off. "When we talk from the psychological point of view, the impact on the emotional part is really huge. Number one, they are already battered being away from their families. Two, they left their loved ones back in their beloved country. Three, they are labeled as minorities. Then, here comes the truth in the job - the salary is different from the rest, plus their treatment inside the family house is different. Ultimately, to make it even worse, you are not giving her the freedom to enjoy her day off," Dr Hands said.

Adding to the wounds are physical factors in the workplace. "They are also human and they are tired from the amount of work they do for hours daily. The physical stress is also connected with the kind of work they do - from cleaning, cooking, ironing, washing clothes and going up and down the house," she said. The accumulation of all tiring and physical jobs creates an emotional impact, consequences of which include bad performance."

Rest needed for good performance

"Try to examine the result of their work if you treat them badly - people who are emotionally affected and physically exhausted will not be able to give their best because you have abused them," she argued. "Don't expect banana trees to bear apples. They cannot perform well, they will not be nice to you, they will not be loyal to you, and they will be physically incapable of doing things. They will not be active and energetic. They will not have any positive and forward-looking attitude. If you want your housemaids to perform well, talk to them, heart-to-heart, and treat them as you want others to treat you," Hands noted. "If you treat them better, the housemaids will return the favor. They will even be more motivated to do their job well. But if they are hurt and degraded, they couldn't care less. It takes two to tango," she added.

But Dr Hands isn't very impressed with the way the international media portray Kuwait. "In the media, they always portray employers as bad. In fact, such people form a very small percentage of employers. What about those good employers who are not being reported? Domestic helpers also need to understand that if they are coming to work in Kuwait, they are expected to work, not enjoy. To be treated fairly, both the employer and worker must deliver what they agreed on, otherwise they will not be good as partners," she pointed out.

Talk to each other

She advised domestic helpers to communicate with their bosses properly and build trust with their employers in the early stages of their stay. "Tell your boss frankly that 'I want to stay with you for two years, then I will go and work elsewhere'. If your objective is to get married, tell them - it has to be as crystal clear as possible," Hands noted. "When you are loyal, and if you give them the sense of trust, there is no reason why the employer will not cooperate," she said.

Earlier this year, Philippine President Rodrigo Duterte highlighted the issue of the day off and appealed for this provision to be included in the negotiation of a memorandum of agreement, which was finally signed in May. Kuwait applies the 'kafala' or sponsorship system in which any migrant worker - a domestic helper or engineer - is required to have a local sponsor so that a visa and work permit can be issued. It means foreigners' right to work is at the mercy of their employers, making them more vulnerable to abuse.

Kuwait normally recruits domestic labor (male and female) from various countries in Asia, mostly from Bangladesh, Ethiopia, India, Nepal, the Philippines and Sri Lanka. As of March 31 this year, Kuwait was home to 683,515 domestic helpers, according to the Central Statistical Bureau.

By Ben Garcia