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Organizing in the Shadows: Domestic Workers in the Netherlands

  • Margriet Kraamwinkel
Published/Copyright: February 14, 2016
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Theoretical Inquiries in Law
From the journal Theoretical Inquiries in Law Volume 17 Issue 1

In 2009, a small group of domestic workers joined FNV Bondgenoten, the largest Dutch trade union in the private sector and affiliated with the Dutch trade union confederation FNV. The group that joined consisted mainly of women immigrant workers, many of whom did not have a residence permit. FNV’s policy is that we organize workers and do not ask for passports. Still, a group like this brought to light several problems for FNV, both practical and fundamental. The Article identifies three types of problems. The first set of problems concerns the invisibility of domestic workers. Domestic workers work in private houses and are leery of talking to strangers if they don’t have residence permits. This demanded new organizing tactics from the sector, like asking women to bring a friend to a meeting and joining churches. A cash payment of membership fees system was devised, its administration done by handwriting. At the same time, the public debate on immigration toughened; immigrants without residence permits (“illegal aliens”) in particular were depicted as somewhere between a profiteer and the devil. This debate also took place within FNV. The second set of problems is defined by the traditional views in Dutch society on domestic work. The group chose to become union members, since they wanted to better their position in the labor market. Dutch law on domestic work excludes them from full protection of labor and social security law. The inclusion of domestic work in labor and social security law is contrary to cultural and historical traditions and views and therefore contentious. The third set of problems is caused by the connectedness of labor and social security law and immigration law. Domestic workers in the Netherlands work in the shadows in two ways: by not having a residence permit, and by not being protected by labor and social security law. The result of our campaign is that a group of publicly financed care workers will be better protected, but the group of domestic workers that fought for ILO Convention 189 will still be excluded from our labor and social security law and not be able to qualify for a residence permit.

Published Online: 2016-2-14
Published in Print: 2016-2-1

© 2016 by Theoretical Inquiries in Law

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  1. Theoretical Inquiries in Law
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  3. Introduction: Labor Scholarship in an Era of Uncertainty
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  5. Reframing the New Deal: The Past and Future of American Labor and the Law
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  7. The Right Not to Have Rights: Posted Worker Acquiescence and the European Union Labor Rights Framework
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  9. Organizing: Should the Employer Have a Say?
  10. Research Article
  11. Workplace Democracy and Democratic Worker Organizations: Notes on Worker Centers
  12. Research Article
  13. Organizing Workers in Argentina, Brazil, Chile and Mexico: The Authoritarian-Corporatist Legacy and Old Institutional Designs in a New Context
  14. Research Article
  15. Organizing Workers in “Hybrid Systems”: Comparing Trade Union Strategies in Four Countries — Austria, Germany, Israel and the Netherlands
  16. Research Article
  17. Trade Union Ambivalence Toward Enforcement of Employment Standards as an Organizing Strategy
  18. Research Article
  19. Unionizing Subcontracted Labor
  20. Research Article
  21. The Untamed Politics of Urban Informality: “Gray Space” and Struggles for Recognition in an African City
  22. Research Article
  23. Informal Workers’ Aggregation and Law
  24. Research Article
  25. Active Industrial Citizenship of Domestic Workers: Lessons Learned from Unionizing Attempts in Israel and the United Kingdom
  26. Research Article
  27. Organizing in the Shadows: Domestic Workers in the Netherlands
https://doi.org/10.1515/til-2016-0013

Articles in the same Issue

  1. Theoretical Inquiries in Law
  2. Research Article
  3. Introduction: Labor Scholarship in an Era of Uncertainty
  4. Research Article
  5. Reframing the New Deal: The Past and Future of American Labor and the Law
  6. Research Article
  7. The Right Not to Have Rights: Posted Worker Acquiescence and the European Union Labor Rights Framework
  8. Research Article
  9. Organizing: Should the Employer Have a Say?
  10. Research Article
  11. Workplace Democracy and Democratic Worker Organizations: Notes on Worker Centers
  12. Research Article
  13. Organizing Workers in Argentina, Brazil, Chile and Mexico: The Authoritarian-Corporatist Legacy and Old Institutional Designs in a New Context
  14. Research Article
  15. Organizing Workers in “Hybrid Systems”: Comparing Trade Union Strategies in Four Countries — Austria, Germany, Israel and the Netherlands
  16. Research Article
  17. Trade Union Ambivalence Toward Enforcement of Employment Standards as an Organizing Strategy
  18. Research Article
  19. Unionizing Subcontracted Labor
  20. Research Article
  21. The Untamed Politics of Urban Informality: “Gray Space” and Struggles for Recognition in an African City
  22. Research Article
  23. Informal Workers’ Aggregation and Law
  24. Research Article
  25. Active Industrial Citizenship of Domestic Workers: Lessons Learned from Unionizing Attempts in Israel and the United Kingdom
  26. Research Article
  27. Organizing in the Shadows: Domestic Workers in the Netherlands
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