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Housework (symbolic image): Employees allegedly worked for three years without pay
Photo: Jens Kalaene / dpa
The Berlin counseling center against human trafficking, Ban Ying, has raised allegations against a diplomatic budget.
The 45-year-old woman from the Philippines reported at an online press conference under the pseudonym Maria Santos that she worked in Berlin for a family of diplomats from Oman from morning to night for more than three years without getting the agreed wage.
According to the counseling center's calculations, her employer owes her around 80,000 euros, explained project coordinator Lea Rakovsky.
After the person concerned sought help from Ban Ying, an amicable clarification was attempted - so far without success.
The former employer denies the allegations, Rakovsky explained.
As is usual in such cases, the Federal Foreign Office tried to arrange a mediation meeting.
By publishing the case, the counseling center still hopes for a mutually agreeable solution.
"The allegations made are not correct and are firmly rejected," said the lawyer of the affected family on request.
The allegations are "unjustified and unsubstantiated".
They were rejected with a letter from a lawyer.
Immunity protects against civil and criminal prosecution
In terms of employment law, domestic workers in Germany hardly stand a chance due to the special protection that diplomats enjoy.
Immunity protects them from civil and criminal prosecution, as attorney Annett Haberland explained.
In November 2021, the Berlin-Brandenburg Regional Labor Court dismissed as inadmissible the lawsuit against a diplomat who was to be sued for "exploitative employment" of a domestic worker.
During the period of immunity, diplomats "cannot be sued in court in the event of - actual or alleged - serious violations of the law," it said.
However, the judges allowed the plaintiff to appeal to the Federal Labor Court.
Domestic workers receive support from the advice center and the Federal Foreign Office.
This informs the diplomats about the social and labor law standards in Germany, said project coordinator Rakovsky.
The ministry, headed by Minister Annalena Baerbock (Greens), also supports the advice center in reaching an amicable solution.
"Partly the employer pays because the embassies don't want to draw too much attention," Rakovsky said.
Almost 120 domestic workers are currently registered with the Federal Foreign Office.
However, this number is subject to fluctuations.
About a third of the employees come from the Philippines.
In the case of domestic workers, the residence status is linked to the employment relationship.
According to Ban Ying, diplomats can bring in help for their private households from all over the world.
The Foreign Office issues them – as is customary internationally – protocol IDs.
According to the Federal Foreign Office, the registration process for private domestic workers was tightened in 2012.
The ministry sees it as its task to support those affected in enforcing their rights by mediating between employers and private domestic workers, it said.
The best protection is to prevent legal violations in advance.
Among other things, employers would have to undertake in writing to provide the domestic worker with their own room in order to protect their privacy.
sak/dpa