T HIERRY G ALANI T IEMENI D ARCY DU T OIT Social Law Project, University of the Western Cape Domestic workers’ cooperatives: Organisational and regulatory possibilities

Starting premises: The “formal economy” cannot absorb the “informal economy” Traditional (“industrial”) trade unions are inappropriate for organising workers such as domestic workers Cooperatives offer a possible organisational model for domestic workers

Definition: “an autonomous association of persons united voluntarily to meet their common economic and social needs and aspirations through a jointly owned and democratically controlled enterprise organised and operated on co-operative principles” - s 1, Co-operatives Act of 2005

There are many forms of cooperatives – for example “service cooperatives” (providing services for members) “worker cooperatives” (providing work opportunities for members) … but different forms of cooperatives can be mutually supportive

International precedent shows that worker cooperatives of domestic workers can be successful – e.g.: Cooperative Home Care Associates Owned by women Licensed by NY State Department of Health Generates $40m per year

Domestic worker agencies show demand for home care services in South Africa Range from criminal organisations to successful formal businesses “Marvellous Maids” Training courses Customer pays fee

Cooperatives Act provides for establishment of numerous forms of cooperative, including “service”and “worker” cooperatives Simple to establish but high level of supervision Supportive legal environment Based on commercial model Sophisticated administrative and accounting requirements

Domestic workers’ cooperatives would need significant support in getting established, including – Start-up funding Initial administrative support Capacity-building (NB: “social” purpose of cooperative)

Domestic workers’ cooperatives could potentially Empower members Offer training (generic qualifications) Provide services for members (e.g. financial, child-care, housing….) Compete with commercial agencies (be financially sustainable) Collectively determine conditions of work (proto-collective bargaining) Advocate/mobilise for regulatory reform

The way forward In-depth research Support for co-operatives among domestic workers