Project Description
Austria has developed regulations and measures to support and protect private domestic staff (PDS) against labour exploitation, while continuing to enable the employment of PDS by diplomatic agents and officials of international organizations in accordance with relevant international law.
Description
Whereas it is the objective of the Austrian government to use the full potential of the Vienna Convention on Diplomatic Relations (VCDR) and to continue enabling the employment of private domestic staff (PDS) by diplomatic agents and officials of international organizations in accordance with the relevant sources of international law, the Federal Ministry for Europe, Integration and Foreign Affairs has continuously aimed at making good the regulatory gaps of the VCDR and thus developed a dense network of regulations and measures to support and protect PDS against labour exploitation.
Under the direction of the Protocol Department of the Ministry, the employment of PDS is monitored from the time of the visa application at the respective Austrian Embassy abroad, through personal interviews at the Ministry after arrival in Austria and at least once a year until departure. The Protocol Department works together with victims support organizations on the prevention of abuse and in cases of exploitation, when PDS seek shelter, advice and support. This includes communication and cooperation with police and judicial authorities as well as with the diplomatic mission or international organization of the employer.
In order to employ PDS, members of diplomatic missions or international organizations are required to deposit a copy of the employment contract in order to document that the PDS is paid a wage equal or above the amount stipulated by the minimum wage decree; beyond that, PDS must have their own room at the residence of the employer and must hold a bank account in their sole name, whereas bank records serve as a proof of payment regarding the contractual wage.
In terms of dispute settlement, the Protocol Department regularly seeks close cooperation with NGOs and the mission or international organization concerned. In this regard, emphasis is placed on mediation between missions or organizations and former PDS on claims and thus facilitating the conclusion of out of court settlements.
Key results
The introduction of the Ministry’s role as a mediator has resulted in various cases of out of court settlements, which have proven to provide satisfactory and non-bureaucratic results for all parties involved.
On average, out of court settlements concluded under the auspices of the Ministry’s Protocol Department stipulated equalization payments to former PDS on the part of the employer in the amount of three monthly salaries.
Key lessons learnt
The Federal Ministry of Europe, Integration and Foreign Affairs’ long-standing experience with mediation and out of court settlements with regard to disputes between diplomatic agents and their PDS has shown that such instruments prove to be particularly effective when they are implemented at an early stage, as long as stakes are still low.
Other relevant information
In this context and in the context of the Austrian pledges to the High-level meeting on the rule of law at the national and international levels of 18 September 2012, the Federal Ministry for Europe, Integration and Foreign Affairs contributed to the OSCE Handbook “How to prevent human trafficking for domestic servitude in diplomatic households and protect private domestic workers “, which not only summarizes discussions and findings of four workshops organized in this regard, but also presents examples of best practice.
The said document can be retrieved from:
