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Diplomatic Law in a New Millennium$
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Paul Behrens

Print publication date: 2017

Print ISBN-13: 9780198795940

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795940.001.0001

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Private Domestic Staff

Private Domestic Staff

A Risk Group on the Fringe of the Convention

(p.132) 9 Private Domestic Staff
Diplomatic Law in a New Millennium

Wolfgang Spadinger

Oxford University Press

This chapter investigates the question whether the original notion of ‘private servants’ as faithful employees of diplomatic agents, following them wherever they go, corresponds to contemporary realities. It adopts the view that a variety of employment patterns have, instead, emerged, including private domestic staff (PDS) contracts and local work contracts. In the absence of more precise rules, receiving States filled the relevant gaps and limited employment to certain criteria. Important questions arise regarding social security coverage, given the fact that Article 33(2)(b) of the VCDR leaves room for interpretation. This constitutes a challenge for receiving States which have to ensure that the needs of PDS are met. This chapter explores the legal considerations applying to PDS and reflects on the case law but also on mechanisms employed by countries with large diplomatic communities to resolve work-related conflicts between PDS and their employers out of court.

Keywords:   domestic, diplomatic, household, social security, prevention, exploitation, slavery, protection, settlement, protocol

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