NLS Faculty Seminar | The Devaluation of Domestic Work: Regulatory Reform and Challenges to the Perception of a ‘Family-Like’ Relationship

Guest speaker Dr. Natalie Sedacca of Durham University will present the fifth chapter of her book project at the faculty seminar on January 22, 2025, at the Ground Floor Conference Hall at NLSIU’s Training Centre.

Abstract

A central construction in the devaluation of domestic work is the presentation of paid domestic workers as akin to members of their employer’s family, which is highly gendered and masks deeply unequal relationships, overlapping with marginalisation based on factors like race / ethnicity, caste, migration status and class. This devaluation is manifested through legal frameworks excluding domestic workers from protections applicable to other sectors, including on minimum wages. This chapter examines devaluation and its manifestations in light of doctrinal and empirical material from four countries: Chile, the UK, South Africa, and India. It argues that while the familial discourse is complex and some workers may identify with it, its overall impact is to perpetuate devaluation, for example, in minimising workers’ demands for improvements and extracting additional work from them. It also examines how a lack of recognition of skills and complexity contribute to devaluation and discusses social reproduction theory as a route towards better valuation of domestic work.

The chapter assesses the extent of domestic workers’ exclusion from rights to minimum wage or key social security provisions applicable in other sectors, arguing that better regulation of these areas to include domestic work generally works against devaluation. Drawing on the case study material, it identifies three broad trends: the relatively strong regulatory framework with countervailing factors maintaining devaluation in Chile and South Africa; the familial discourse and relations of servitude in India; and devaluation based on an exemption from minimum wage that existed for some live-in domestic workers until recently in the UK. The final section explores the role and potential of human rights law in counteracting devaluation, including through recognition of the value of domestic work in findings of forced labour where pay has been denied, and challenges to exclusionary frameworks using indirect discrimination. Beyond equalisation with existing frameworks, I examine the arguably stronger right to a living wage and to fair pay, which is derived from social rights instruments, arguing for an approach to these rights that properly accounts for the value of feminised domestic work.

About the Speaker

Dr. Natalie Sedacca is an Assistant Professor in Employment Law at Durham University.

Her research focuses on human rights and labour law, with a particular interest in domestic workers and other marginalised workers, and in issues of gender and migration. Her PhD, completed at UCL in 2021, analysed the legal position of domestic workers and their frequent exclusion from protective labour law legislation in relation to two case studies, Chile and the UK, and criticised this from a human rights perspective. Natalie is now working on a book project arising from the PhD, which also includes case studies of South Africa and India.

Natalie has been a co-investigator on a funded project conducted as an equal partnership between NGOs and academics about the effects of conditions for agricultural and care work visas in the UK on workers’ vulnerabilities to trafficking and other forms of modern-day slavery. Natalie’s other research projects include: the human rights implications of the ‘hostile environment’ for migrant women; the rights of domestic and childcare workers in the ‘gig economy;’ and addressing violence and harassment at work.

Natalie is on the Research Committee for the Society of Legal Scholars and was previously the joint convenor for its Labour Law section from 2021 – 24. Natalie is a trustee for the migrant domestic worker NGO Kalayaan and is on the Executive Committee of Lawyers for Palestinian Human Rights.

Before entering academia, Natalie was a solicitor specialising in claims against the police and public authorities. She practised in this area for seven years post-qualification.

Reflections from the Speaker

“I am delighted to be visiting NSLIU, Bengaluru for the first time, and am very grateful to Dr. Saurabh Bhattacharjee and the Centre of Labour Studies for hosting me. I am currently working on a book project on the rights of domestic workers and the relevance of human rights law to challenging a lack of protection, which includes India as one of its case studies. I was introduced to NSLIU following a visit by my Durham colleague Dr. Clara Martins-Pereira and was particularly drawn to the Centre for Labour Studies, whose work overlaps in with my research interests on various topics such as informal work, precarious employment and forced labour. Since arriving at NSLIU, it has been very illuminating for me to meet with Centre members and hear more about their projects, which I hope will lead to future research collaborations.

In the Faculty Seminar on 22 January 2025, kindly organised by Ammel Sharon, I presented a draft of chapter five of my book project, entitled ‘The Devaluation of Domestic Work: Regulatory Reform and Challenges to the Perception of a ‘Family-Like’ Relationship.’ This chapter examines the ways in which a presentation of paid domestic workers as akin to members of their employer’s family devalues domestic work, overlapping with factors such as race, migration status and class. I examine how these discourses of devaluation overlap with regulatory regimes drawing on doctrinal and empirical material from four countries: Chile, the UK, South Africa, and India. The chapter also explores the role and potential of human rights law in counteracting devaluation and challenging exclusionary frameworks.

It was extremely helpful to receive feedback on my draft from legal academics and social scientists at NSLIU, ranging from technical comments on Indian law to conceptual questions on defining work and its value.”

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