Supreme Court Raises Hope of Long Awaited Welfare Law for Domestic Workers

domestic worker

Supreme Court’s highly welcome directions on January 29 have raised hopes of belated enactment of welfare laws for domestic workers. Speaking in the context of frequent reports of ill-treatment of domestic workers, the Supreme Court stated, “The simple reason for this harassment and rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum which exists vis à vis the rights and protection of domestic workers… As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse,”. A Bench of Justices Surya Kant and Ujjal Bhuyan has directed the Centre to form an inter-ministerial committee to “consider the desirability of recommending a legal framework for the benefit, protection and regulation of the rights of domestic workers”.

         The court drew attention to States such as Tamil Nadu, Maharashtra and Kerala which had not waited for a Central law but took the initiative to enact their laws to safeguard domestic workers. These three States had constituted specialised bodies under their respective laws to administer various social security benefits, maternity and childcare, education assistance, and medical expense reimbursement.

           Various estimates of domestic workers place their number at somewhat in excess of 50 million. Further these numbers are increasing fast. ILO estimates quoted mention a 222 per cent growth in the number of domestic workers in India between 1999-2000 and 2008-09. The available data indicates that a significant majority of domestic workers are women.

          Such a large and increasing workforce should’ve prompted effective intervention by the government to ensure the rights and welfare of domestic workers much earlier. Unfortunately this did not happen, leading to increasing problems and victimization of vulnerable domestic workers, particularly young girls including minors. Part of the reason for the worsening situation is the emergence of ruthless traffickers with powerful linkages who exploit workers shamelessly and also cheat employers while trying to extract as much profits as possible from the misery of others. These illegal and unethical activities often give a bad name to those placement agencies which are trying to function properly.

          The overall situation today is that an overwhelming majority of domestic workers in India are underpaid and undervalued, despite the tremendous contributions made by them to increase the comforts and capacity of their employers. They often work long hours for low wages, sometimes remaining constantly at the beck and call of their employers. Also they face violence and abuse.

          Due to low wages, many domestic workers are forced to work part-time at more households than their physical capacity permits them, leading to exhaustion and health problems. Those working full-time with one employer also often have to work much beyond norms and get little rest. Bad behaviour and humiliation often add mental stress to their physical exhaustion.

          Many of these domestic workers are employed far away from their ancestral homes, and so have hardly any support system in or near their place of employment. For example, a very large number of girls and women from tribal communities in Jharkhand, Chattisgarh and Odisha have come for employment in Delhi in recent years. Due to a number of factors their communities faced conditions of worsening poverty that created conditions in which girls and women had to accept high risk work at low-wages in different places. Clearly in all such cases protective systems including good laws should be in place to reduce the vulnerability and ensure basic rights of these workers.

          Various efforts for united action by various campaigns and organizations were strengthened by the formation of a National Platform for Domestic Workers (NPDW), creating more favourable conditions for united action for comprehensive legislation for domestic workers.

          The NPDW has stated, “only an integrated law can regulate the placement agencies and the conditions of domestic work and provide social security to us.

          Earlier in a petition NPDW had demanded:

–         “Beginning with The Domestic Workers (Conditions of Employment) Bill, 1959, there have been many attempts to legislate for this sector, but without success. The most recent was The Domestic Workers (Conditions of Service) Bill, 2009, a Private Member’s Bill introduced in Parliament by Shri Arjun Ram Meghwal. There are other Bills such as that developed by the National Commission for Women in 2008, and by the Domestic Workers Rights Campaign in 2010. But we still do not have an Act of the Parliament to protect the rights and welfare of the largest as well as the fastest growing sector of employment for women in the urban areas. This is a grave lacuna, especially in the light of the ILO Convention 189. Articles 41 and 43A of the Constitution of India are the basis for our demands.

–         Only a central law can meet the requirements of regulating this sector since the workers frequently cross inter-state boundaries. The nearest law on the statute book, namely the Inter State Migrant Workers Act, has proved hopelessly inadequate. Only an integrated law can regulate the placement agencies and the conditions of domestic work and provide social security to us.”

          According to the petition,

–         “Given the size and special working conditions of the domestic workers, there must be a separate Central Legislation to protect our rights. The Comprehensive Legislation for domestic workers that we demand should contain the following non negotiable:

          The Law should regulate employment, conditions of work and provide social protection simultaneously: This includes fixation of wages and other conditions of work, resolution of disputes and protection of employment besides provision of social security, child care facilities, housing, training and skill formation.

          The National Policy on Domestic Workers (2010) Government of India has stated, “Domestic Workers contribute immensely to the productivity and comfort of a large section of the population especially in the urban areas by providing them essential work necessary within the household. In the process, they earn a livelihood. It is the duty of the State to regulate their employment and work so that they do not work under exploitative conditions, but find recognition for their contribution to society… It is also the responsibility of the State to provide them social welfare on par with other workers, so that not only their present, but also their future is taken care of. This Policy aims to ensure such regulation and welfare as necessary to e implemented by the State.

Registration of Workers and Employers

1.       There should be compulsory registration of Employers, Workers, and all service providers including placement agents and contractors, to ensure proper regulation Domestic Work and to ensure efficient implementation of welfare measures.

2.       Workers should be compulsorily registered at the source and at the work area along with provision of multi-purpose ID cards. Where ever possible onus should be on employers to register the workers, with principal responsibility given to local bodies including Panchayat or other Local self-government bodies, with the labour department ultimately being responsible for all registrations.

 Wages

          The appropriate government may notify the minimum wage to be paid to domestic workers. The element of risk in work, security for old age and pregnancy, odd hours of work and working in un-safe areas should be considered before deciding the wages. Wages should be fixed by the hour and as per location. Salary should be revised with the increase in price index. It should be a living wage. The mode of payment, deductions, increments and other aspects of the wages should be appropriately regulated.

 Hours of Work

          An employer may not require a domestic worker to work more than 45 hours in any week; and nine hours on any day if the domestic worker works for five days or less in a week; or eight hours in any day if the domestic worker works on more than five days in any week.  An employer should not require a domestic worker to work overtime except in accordance with an agreement concluded by the employer and the domestic worker. An employer must pay a domestic worker at least one and one-half times the domestic worker’s wage for overtime worked. Similar is the case if the domestic worker works on weekly day off or on holidays. A Domestic worker has the right to a daily rest period of at least twelve consecutive hours between ending work and starting work the next day.

Working conditions

          Adequate, safe, secure, hygienic, private and fixed space for sleeping (with bedding), and for belongings should be provided to residential workers. Part time and full time workers should have access to and free use of bathrooms and toilet. Nutritious, fresh and sufficient food and safe drinking water should be provided. A full time worker is eligible for breakfast, lunch and tea. A residential worker is eligible for breakfast, lunch, tea and dinner on normal working days. Similar is the case on weekly or other days off. A part time worker is entitled to tea and snacks.

Leave

          A domestic worker has a right to at least three weeks annual leave on full pay in respect of each 12 months of employment (the ‘annual leave cycle’). During the first six months of work, a domestic worker is entitled to one day’s sick leave for every 26 days worked, and from then on for a period of six weeks for every sick leave cycle of 36 months. A domestic worker is entitled to four consecutive months of maternity leave.

Prohibition of Child Labour and Forced Labour

          No person may employ as a domestic worker, a child who is under the minimum school leaving age as specified in the Right to Education Act, 2009, or any law, if this is 15 years or older. Subject to the Constitution of India all forced labour is prohibited.


Workers Welfare Fund

          The central government shall constitute a workers welfare fund in every state. Employers shall contribute a month’s wages per annum to the workers welfare fund towards social security of the workers. A matching contribution to the employers contribution shall be made by the Central and State governments.

        The enactment of good law for domestic workers can benefit from the policy guidelines already available, as also the recommendation made by various organizations representing domestic workers.

Bharat Dogra is Honorary Convener, Campaign to Save Earth Now. His recent books include When the Two Streams Met, Navjeevan, A Day in 2071 and India’s Quest for Sustainable Farming and Healthy Food. 

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