Domestic workers, EU working time law and implementation deficits in national law : change in sight?

Abstract

The full or partial exclusion of domestic workers from EU Working Time Directive 2003/88/EC is a longstanding practice in many Member States that has been tolerated by the Commission for a long time. Since 2017, there is some change in sight. While domestic workers remained at the margin of attention in the Commission’s earlier communications and implementation reports of Directive 2003/88/EC, the issue has gradually gained visibility. This indicates a remarkable shift, which has up to now not yet attracted due attention. This article analyses the shifting position of EU institutions towards domestic worker’s rights. The subsequent investigation of selected national regulation raises doubts as to its compatibility with EU law. Different ways of selected Member States (Austria, Germany, Italy, the UK) to prevent the application of the Working Time Directive to domestic workers are analysed. EU working time law and national implementation deficits for domestic workers are analysed in the context of the international scholarly discussion and the ILO’s ‘decent work’ agenda. Although not free from contradictions, this development is retraced as a move from the invisibility of domestic workers in EU labour law towards the Commission’s open demand in 2017 that Member States comply with Directive 2003/88/EC for this group of precarious workers.