Baba’s Explainer -Domestic Workers

• Domestic employees are not even recognised as ‘workers’ in society; their contributions are not recognized as ‘productive labour’ that contributes to the nation’s economic calculations.
• Women employees are particularly harmed by this notion since it essentially makes their job an inherent responsibility toward society. They have been referred to as ‘domestic helpers’ for a long time instead of ‘workers’.
• Studies show that domestic work is the lowest-paid of all the informal trades in India. India’s official estimates put the number of domestic workers at 4.75 million.
• Additionally, vulnerable groups like women and minors in India make up 80 per cent of the domestic work industry.

• Domestic care providers work in closed spaces, which makes them prone to abuse.
  • The lack of legal or regulatory frameworks to safeguard this unregulated sector of employment is the key factor contributing to the abuse and exploitation of domestic workers.
  • Torture, beatings and sexual assault of domestic workers frequently make headlines, yet there are only a few laws safeguarding their rights.
• Many workers also face the humiliation of having no or limited access to proper sanitation facilities.
• The specifications for this job remain rooted in caste and class, and affect the relationship with their employers.
  • A study found out that 75 per cent of respondent domestic workers in Bangalore belonged to Scheduled Castes, while only two per cent were from forward castes.
• With the lack of a detailed job description, the workers are forced to show obedience to an extent that renders them powerless to negotiate their work boundaries. The significant disparity in socioeconomic reality between domestic employees and their employers creates this lopsided power asymmetry.
• Even if the concept of domestic helpers is easy enough to grasp, there are a number of issues such as
  • working conditions
  • wage standards
  • pay for overtime work
  • retirement
  • health care benefits
  • leaves

• The National Platform for Domestic Workers, social activist Aruna Roy, and the non-government organisation Common Cause petitioned the Supreme Court to establish rules to protect the rights of domestic workers.
  • The petition asked for domestic work to be recognised.
  • It also demanded the workers’ working hours be limited to eight a day, and they should be obligated to take an off in a week, in line with the fundamental right guaranteed by Article 21 of the Constitution.
• The petition led to the recognition of such work under the Minimum Wages Act of 1948. The Act addresses the need for workers to receive a minimum wage.
  • The law is subject to change by the state governments, and as a result, some state governments revised the Act to expand the definition of “worker” to include domestic employees.
• The Unorganised Workers’ Social Security Act of 2008 seeks to ensure the well-being and social security of informal workers.
  • This Act requires the formation of a national and state social security board to suggest social security plans that provide workers with different health, service, and pension benefits.
  • Domestic care workers come under the scope of this act.
• The Domestic Workers (Registration Social Security and Welfare) Act, 2008 provides that a domestic worker who resides at the employee’s home is entitled to yearly leave with pay for a minimum of 15 days per year.
  • According to Section 23 of the Act, anybody found guilty of sexually harassing a domestic worker or child faces a sentence of up to seven years in jail, a fine of Rs. 50,000, or both.
• There was an attempt to create a law within the country in the form of the Domestic Workers Welfare and Social Security Bill, 2010, drafted by the National Commission for Women.
  • The proposed law was intended for domestic workers above the age of 18 years and specified that no minor shall be engaged as a domestic worker. However, it was never enacted into law.
• Domestic workers are now covered by the Unorganised Workers’ Social Security Act, the Sexual Harassment at Workplace Act, and the Pradhan Mantri Jan Aarogya Yojana on a countrywide basis.
• Additionally, six state governments have announced domestic workers’ minimum salaries, and Maharashtra has established a Welfare Board for such workers.

• Homes are typically seen as ‘private’ spaces beyond State regulation, making it challenging to enact legislation regarding domestic employees who operate in these settings.
• Additionally, private residences do not meet the legal criteria for a ‘workplace’, excluding domestic workers from the protection of all significant labour laws.
• Domestic workers as a result receive inadequate pay and are not viewed as professionals offering a particular service.
• Regardless of how skilfully they cook or how thoroughly they clean, domestic servants are still viewed as unskilled labour.
• Since many domestic workers are migrants who reside at their employers’ homes, they are outside the purview of trade unions and community-based organisations that help them in knowing their rights.
  • Unions and collective action are the routes that are most advantageous for domestic workers for voicing their opinions.
  • The Paschimbanga Griha Paricharika Samit (West Bengal Domestic Workers Society) only recently got a certificate from the state government, recognising domestic workers as a labour union.
• There have been several attempts to legislate for the domestic care sector, but most of them have failed.
• In the past, the Domestic Workers (Conditions of Employment) Bill, 1959 and the Housemaids and Domestic Employees (Conditions of Service and Welfare Bill), 2004 have been introduced in the Parliament.
  • These mandated that state governments register all domestic care workers and offer them job possibilities. Once more, due to uncertainty over execution, neither was passed into law.
• In order to provide a legislative framework for domestic workers, the Lok Sabha presented the Domestic Workers Welfare Bill, 2016.
  • The proposal’s goal was to lay parameters for the conditions of employment and the work environment for domestic workers. In order to qualify for benefits, such employees must also register. Regrettably, this has not been passed either.

• The Minimum Wages Act is ambiguous in its intent to support domestic employees facing financial difficulties. As the nature of household work has not been clearly identified and defined, there is room for ambiguity.
• Furthermore, governments haven’t set the working hours for them, which makes figuring out the minimum pay a challenge.
• It is insufficient for state governments to simply include domestic care employees in the definition of a worker if they want to formally recognise domestic care workers.
• The Supreme Court monitored the execution of the Unorganised Workers’ Social Security Act and voiced dissatisfaction that all state governments had not constituted state boards under the Act.
  • Furthermore, the Supreme Court stated that all state governments must register all domestic care workers under this Act in order to receive benefits.

From the above arguments we see that domestic work is not governed by any legal framework in India. Despite many attempts by federal and state governments, it has not been possible to establish a legal framework exclusively for these workers.

• A focused legislation would provide them with consistent rights and lessen their reliance on the generosity of particular employers. The ILO’s Convention 189, which has been approved by more than 29 other nations, is the best model for such a regulation.
• An efficient enforcement mechanism and a legislative framework for domestic care workers are essential in India for laws meant for them to be successful.
• A dispute redress mechanism is also required for the regulation of the informal sector. The gaps in these existing laws should be examined thoroughly.

• Proactive initiatives to protect domestic workers from abuse is the need of the hour. Domestic workers have generally been disregarded when it comes to getting social security benefits, unlike in the organised sector.
• It is high time considerations like maternity benefits, health insurance, and compensation for work injuries be offered to domestic workers.