Identifying some forms of violence towards female domestic workers in Ho Chi Minh city nowadays

HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 164 IDENTIFYING SOME FORMS OF VIOLENCE TOWARDS FEMALE DOMESTIC WORKERS IN HO CHI MINH CITY NOWADAYS Cao Thanh Tam, M.A. Faculty of Sociology University of Social sciences and Humanities, Vietnam National University – Ho Chi Minh City (USSH, VNU-HCMC) Email: caothanhtam@hcmussh.edu.vn Abstract: Through International Labour Organization’s indicators of forced labour, author identifies some forms of violence towards female domestic workers in Ho Chi Minh City nowadays. There are different types of domestic work, but within the scope of research paper, the author will focus on two main groups of female domestic workers, i.e. domestic workers in private households and patient caretakers. They represent two different working environments, but have one thing in common, which is the higher frequency of contact with their employers compared to the other groups. The main method used in this study was qualitative research and the data were collected via semi-structured interviews with a snowball sample. Nineteen female domestic workers were invited to join in the interview with their voluntary participation. The results show that there are some differences in the forms of violence and forced labor between the two groups, especially, the group of patient caretakers undergoing more experiences of sexual violence and abuse than the other. On the contrary, the group of domestic workers in private households suffer from discrimination on the grounds of food, as well as accommodation, economic exploitation and travel restrictions more regularly. Moreover, a poor working environment and long working hours which are also becoming more and more common in hospitals in the present have a bad influence on patient caretakers’ health. Key words: violence, forced labour, female domestic workers, Ho Chi Minh City 1. Introduction Undergone rapid industrialization, modernization, and globalization, Vietnam has embraced many radical changes in terms of economics, politics, and society. One of such changes is the increase of rural urban migration and emigration. The destination of migrant flows are usually big cities where it is easier for labour to find jobs, especially unskilled jobs. One of the most attractive destination nowadays in Vietnam is Ho Chi Minh City (HCMC). Thanks to its advantageous geographical location and socioeconomic stability, HCMC is one of the fastest growing economy in the Southern Key Economic Region of Vietnam and Vietnam itself. Therefore, it is understandable that HCMC has the highest number of migrants, immigration speed, and migration rate (Cu, 2014). Migrants are mostly unskilled workers, who have no or little professional training, and consist of both males and HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 165 females. Migration flows have introduced many changes in the division of labour and gender dynamic in the workforce. In addition, feminism movements has further liberated women from house chores and let them go out to work. This led to the change of women‟s role in the house; women are gaining more voice in the house as their contribution to the family's income is becoming more prominent. With both the husband and wife have to go out to work, house chores are now transferred to a third party – domestic workers. Hiring a domestic worker is a good choice if the wife‟s earning is higher than the cost to hire a domestic worker to do the house chores. In the last two decades, with the growth of economy and increase of social stability, quality of life has also improved and everyone, including women, needs more time for entertainment, working, and social works. These conditions facilitated the demand for and rise of domestic worker jobs. Ratified on June 16, 2011, the very first Domestic Workers Convention has recognized domestic workers as workers with the same rights as other workers. In Vietnam, some still doubted if domestic work was a real occupation. However, this doubt ended with the introduction of Decree NO. 27/2014/NĐ-CP that regulates a number of articles of the Labour Code concerning Domestic Servants. Taking effect on May 25, 2014, the Decree states that domestic workers and their employers must sign a contract and comply to the rights, obligations, and responsibilities regulated by Vietnam Labour Code (Lam, 2014). Domestic work is a job dominated by women with 98.7% of domestic workers are women. They are often illiterate because the majority of them came from rural areas or grew up in poverty. Some of them are old women who are unmarried, divorced, or widowed. Thus, it is hard for them to find a stable job other than domestic work. Furthermore, their working environments are usually limited in the employers‟ houses, thus, domestic workers tend to be treated with little respect. Consequently, domestic workers are likely to be physically or verbally abused, exploited, or sexually harassed. In some cases, they cannot do anything when the employers refuse or fail to fulfill their contractual obligations about workload, working time, wage, or other benefits such as social insurance and health insurance (Oxfam & GFCD, 2013). In 2012, Ba Dinh District People's Court in Hanoi sentenced an employer to 18 months in prison for severe violence against her domestic worker (Quyet, 2012). Concerned with such reality, this research is to investigate the domestic violence towards domestic workers and identify its forms to have a better understanding of domestic violence towards workers in general, and come up with suggestions for policy makers to protect human rights better. This research also aims to broaden current knowledge of domestic workers. Theoretical Background and Methodology Many researchers all over the world have addressed violence towards domestic workers in their research. In Vietnam, the first decree guiding a number of articles of the Code of Labor in relation to domestic workers has only been issued in 2014. Earlier researches in Vietnam mainly focused on the aspects of finance, skill training, contract terms and conditions, HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 166 adaptation of domestic workers to social changes, or relationship between the two parties: the domestic worker and the employer. Regarding violence towards domestic workers in Vietnam, there have been a few researches conducted by international organization (Oxfam & GFCD, 2013). In this research, the author will use the indicators of forced labour introduced by International Labour Organization (ILO) to identify and analyze the forms of violence towards female domestic workers in order to extend further current knowledge of violence towards workers in general and domestic workers in particular. From theoretical and practical experience, ILO has introduced 11 indicators of forced labour which are: (1) Abuse of vulnerability, (2) Deception, (3) Restriction of movement, (4) Isolation, (5) Physical and sexual violence, (6) Intimidation and threats, (7) Retention of identity documents, (8) Withholding of wages, (9) Debt bondage, (10) Abusive working and living conditions, and (11) Excessive overtime. In certain situation, a forced labour case may be deduced from the presence of a single indicator in a given situation. However, more than one indicator may be needed before we can identify a forced labour case. This research will use the following termologies: (1) domestic workers, (2) violence, (3) forced labour. The tem “domestic worker” follows the definition provided in the Decree No. 27/2014/ND-CP promulgated by the Government of Vietnam. According the decree, domestic workers are workers who regularly carries out domestic work, which is not related to commercial activities, for one or more than one households. Domestic workers may live or not live with the employer‟s family and perform regular household tasks which “recur after a certain period of time (hourly, daily, weekly, or monthly)” (The Government of Vietnam, 2014), In Vietnamese dictionary, Phe (2003) defined violence as “an act of cruel abuse” and abuse as “using force to subdue, repress, or overthrow someone.” In its World report on violence and health, World Health Organization (WHO) defined violence as: The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation. (WHO, 2002). The term “forced labour” is used by ILO to refer to “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” (ILO, 1930). This paper uses data collected from the research “Violence towards Female Domestic Workers in Ho Chi Minh City Nowadays” carried out by the author from December 2014 to June 2017 in Ho Chi Minh City. Focusing on two groups of female domestic workers, housemaids and patient caretakers, and the research was based on the assumption that frequency and intensity of interaction between the domestic workers and employers may affect the violence towards the workers. In total, 19 female domestic workers participated in the study and consented to the interview. This research employs qualitative data collection HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 167 methods. Qualitative data was collected via semi-structured in-depth interviews with snowball sampling technique. Research ethics and confidentiality of research participants were prioritized; therefore, all participants had given consent to the interview and known that they would be recorded. In order to triangulate the data, recording tapes were later sent to two researchers to investigate independently in the analysis process. Finally, the author used the criteria and framework of indicators of forced labour proposed by ILO to filter data and interpret results. 2. Results and Discussion 2.1. Sample Descriptions In regards to their jobs, the research concentrates on two groups of domestic workers, housemaids (10 cases) and patient caretakers (9 cases). All 19 cases have been victims of violence at work but none intends to change jobs; some of the patient caretakers were waiting for new clients. Their age is quite high, ranging from 36 to 66, with the average age of 51. Most of them have little to no education. Majority of them dropped out after middle school except for two participants who have a bachelor degree. About marital status, most of them had troubles with marriages and were divorced, separated, widowed, or unmarried. Being single, they did not have to worry about family obligations and could focus on their jobs. Patient caretakers often have to stay in the hospitals around the clock whereas old female domestic workers live with the employer‟s family, which helps them save money. As a key economic region of Southern Vietnam, Ho Chi Minh City attracts many migrant workers from neighboring areas in South-Eastern Region and South-Western Region. Thus, the number of migrant workers from the two regions in HCMC is higher than from other regions. Before becoming a domestic worker, most of the participants were farmers or street vendors. Because of crop failure, low sales, or bankruptcy, they had to turn to domestic work as a way to earn a living. Domestic workers do not usually have a fixed workplace; caretakers have to follow the patients. Where caretakers and housemaids live are not the same. Housemaids usually live with the employer‟s family whereas caretakers have to live in the hospital to take care of the patients. Between jobs, some caretakers remain in the hospital to look for new clients while others go home or back to their agency if they work for one. According to the caretakers, these caretaker agencies are operated by an individual or group and recruit unemployed women for caregiving jobs. Most agencies house their employees, usually in company-owned dormitories, and provide basic training on bathing and washing a patient, identifying symptoms, time to take medication, etc. Most trainee have to follow trained caretakers to observe for two to three weeks before they can work on their own. It is a common practice for the agencies to charge caretakers for an agent fee, which ranges from 700,000 VND (about 30 USD) to 1,500, VND (about 60 USD) per job depending on the agency. On average, if the worker receives 300,000 VND (about 13.6 USD) a day, she has to give the agency 50,000 VND (about 2.3 USD). It can also be seem from the sample that the most housemaids found their job via recruitment agencies or HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 168 acquaintance's referral. Average monthly salaries of housemaids is four to five million VND while caretakers usually receive daily wages of 250 to 400 thousands VND depending on the medical condition of the patients. In some cases, caretakers are paid weekly or monthly (7.5 to 9 million VND a month). 2.2. Forms of violence towards female domestic workers The First Form: Abuse of vulnerability Demand for domestic workers is high and diverse so people from any background can become a domestic worker. However, it is noticeable that most domestic workers are migrants with little education. They became domestic workers because they were not qualified for other jobs and had low income. Aware of the domestic workers‟ vulnerability, many employers intentionally equivocated about the terms and payment when offering the job. The participant in the interview number 10 is an example. She became a spinster because she had to took care of her family her entire youth. The husband of the employer is one of her distant relatives. She used to be a farmer and carpet weaver in her hometown but low income forced her to migrant to the city and become a housemaid. “At first, I thought they were relatives so I did not ask for a contract or negociate the salary. So they paid me as they pleased – 200 thousand VND a month. Can you believe that? Not to mention that I am their great-grandaunt. His great- grandfather was my youngest brother and I am the oldest child. When I came here, I thought they would pay me the same as the former housemaids so I let them decide my salary. It took a few years, about 4 or 5 years, for my salary to be increased by 50 thousands VND more” (Interview 10, housemaid) The Second Form: Deception Many employers try to retain domestic workers with promises of pay raise, gift, or monetary bonus. Four among the 19 participant were deceived or even scammed. According to the housemaids who were hired to take care of newborn babies, employers often promise them money of gifts as contract completion bonus to keep them working but always fail to deliver their promises when the contract ends. Since there are no evidence of verbal promises, the domestic workers cannot do anything. Some domestic workers who found jobs via agencies were also deceived. Participant 2 was once deceived by a migrant worker agency that failed to give her the type of work they promised before sending her abroad. That was a fraud job agency. It is only a private company, not a government- funded organization as advertised. They said that after signing the contract, they would send me oversea to do domestic chores for a family of three or four people. However, when I arrived, the employer gave me a six-day-old infant. I had to take care of the infant around-the-clock. I could only sleep two hours a day. (Interview 02, housemaid). HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 169 When it is hard to find domestic workers who agrees to do certain jobs, the employers tend to avoid mentioning or give the worker or job agency obscure descriptions of the job. It is usually too late for the domestic workers to back out when they learn the truth. The Third Form: Restriction of movement According to the research, the majority of domestic workers try to avoid leaving the work place because they do not want to upset the employers. Sometimes caretakers have to stay with the patients around the clock. If the domestic workers is religious and need to go to the church or temple, they must ask for the employer‟s permission in advance. For caretakers, if they have an emergency, they usually arrange a substitute before leaving. In addition, some domestic workers are not familiar with the area so they stay in the house to avoid getting lost. One of the housemaids disclosed that her employer spared no effort to prevent her from taking public holidays leave or personal leave. Some employers install surveillance cameras to monitor housemaids or call to landline telephone to check up on the housemaids. Participant 10 shared: This is one of the times I was upset. That was when my mother died. She was not cremated but buried instead. My family phoned me and said that I had to attend the bone turning ritual. I asked for a few days off but the employer did not approve. That was so unreasonable. I had a fight with the employer but I ended up not taking any day off. I was so naive back then. (Interview 10, housemaid) The Forth Form: Isolation Employers may forbid housemaids from interacting with or talking to outsiders such as neighbors, friends, or even the housemaid‟s relatives because they afraid that the housemaids may gossip about them. Four out of 19 participants were told to stay away from strangers and neighbors. Their employers also keep the house key when they are not home, locking the housemaids inside the house. Participant 14 said: I am not allowed to leave the house nor interact with anyone. At first that was boring but I am used to it now. I think they have their reasons. They worry that I may gossip with others or listen to others and quit the job. (Interview 14, housemaid) On the employers‟ side, they admit that they isolate the housemaids from outsiders to prevent them from associating with bad people and to protect their children. I am worried when I leave home due my family’s predicament. I have to be at work most of the time, entrusting the entire house and my children to the housemaid. I worry that she may meet and associate with bad people and conspires with them. Therefore, I keep all the housemaids I have ever hired inside the house. If I am not home, I will lock them inside the house. None of HỘI THẢO KHOA HỌC “PHÁT TRIỂN XÃ HỘI HỌC CÔNG Ở VIỆT NAM” 170 the housemaids complained. All of them agree to it. (Interview 04, employer of a housemaid) Unlike housemaids, who are often isolated, caretakers can freely interact with other caretakers, nurses, doctors, and relatives of other patients. The Fifth Form 5: Physical and sexual violence It can be deduced from the interviews that caretakers are more vulnerable to physical violence. Most caretakers have been hit, slapped, thrown at, or have their hair pulled by the patients before. However, they acknowledged that the violence is not intentional but the results of the patients‟ medical conditions. Therefore, they understand and sympathize with the patients. A patient once hit me out of anger but his son apologized, saying his medical condition made him irritable. Therefore, I just have to tolerate them. We are paid to tolerate them. (Interview 04, caretaker). Some of the domestic workers are victims of physical violence at both their home and work plac