Decent work for Domestic Worker - The slaves behind closed

Decent work for Domestic Worker - The slaves behind closed doors


ILO's Moto : Decent work for Domestic Worker

What is domestic work ?
Domestic work = task perform @home or another home, (or you can say own home + other home)
Who are domestic worker ?

* Person who do domestic work

* They do work what we not want to do

* in Nucleus need of Domestic worker for middle class & above, led to in there nos

* 52m people worldwide,

* Imp contribution to nation economy as they free up other to do there work in GDP,

* But people not recognize them as worker i.e. seen as servant or slave,

There Characteristics in world
Domestic worker characteristics

* Isolated & unprotected,

* >80% = woman with more vulnerability,

* 10.5m are child there bad future economic productivity GDP

* Majorly migrants,

* Only 10% domestic workers are under any law/regulation,

* Majority = @Asia-pacific region, ~40%

* Only 3% = get weekly off, comparing to world average = 50,

* 1% have max working hour stipulation/regulation,

* Right to min wages + maternity benefit = only @Latin America & it have a far cry in Asia,

* @2000 UNHRC declare it as Contemporary Slavery,

* Lack of legal protection make more vulnerable,

* Social security is another major hurdle,


characteristics in India

* 8% India popu = domestic worker = 2x of '05 figure

* Recent delhi case of 35yr old MP's house domestic worker's death by MP's 50yr old wife

* + illegal confinement + torture & physical violence on 12yr old girl by AI Air hostess for over 1 yr

* human trafficking, generally from Jharkhand to Delhi, for 8k Rs, in thousand on nos, sold @delhi for 35k bonded labor, agent even take monthly salary of this bonded labor & not give a penny from it to concern worker,

* Even relative sold girls,

* Traffic cause = middle class need cheap labor it leads to trafficking,

* Unregulated agencies like:-- placement agencies really exploit them This all is a serious civilization issue,

* As no law + no representation + rural background no sufficient wage + extend hour + adverse/unsafe/unnatural/uncomfortable working Env + discrimination on caste, + woman vulnerability,

* Even wage decided by emp

* "Change in India's family profile" + "ageing process" + "urbanization" make rise in there demand




Main problems, key issue, There solutions:

* Main problem

* Rapidly growing but, fall short in labor protection here main problem is that they not cover under existing labor laws,

* As they have separate & multiple workplace efforts of organizing them = very less effective,


* You can divide solution In 2 broad category:

* Organize them via unions

* Enact law/legislations & Implement(which not happen in India ) Those laws

* Detailed solution & Key issue:

* Although we have all legislation of labor protection, but not reach to domestic worker as it have a separate world where its home & work place is same,

* Definition: it say ="work in own or other house" exclude which work as cleaning/cooking @office/shops, although they come under existing labor law but it need clarification,

* Wages: no work to ware relation mechanism, whether wage based on time or place, over time, size of household persons, DA allowance, Whether any family member need special care,

* Sexual Harassment: esp. who live in there employer's home, Vishakha Judgment is not applicable to domestic worker make them more vulnerable, migrants are also vulnerable,

* Discrimination: as they are coming from marginalized sections, even CoI Art15(no discrimination)

* Trafficking & migrant labor: both inter & intra-country migration/traffic, + low bargaining power, even CoI Art23 prohibit traffic & forced labor,

* Regulation of agencies: they proliferate in India, harassment

* Freedom of Unions: give there Union a place in Trade Union Act'26, give "domestic Worker" a "industry" status then setup co-op, credit-groups,

* Training & certification:

* @last Effective implementation, implementation in Kar & MH = not upto level, Labor dept always show its inability, so here role came of Trade Unions to use media or so for a better implementation,

* Workplace: a vague term in context of domestic worker as they have to visit many houses,


* Although there are not always bad, many emp & employer make a good co-op / collaboration to rise of both

* As by in skill worker's wages too & employer get good work done,




Legislations/law:

* Internationally:

* ILO's convention
International Labor Organization (ILO)'s Domestic Workers Convention, 2011 = C189
signed @'11 Came into effect@'13, sought:

* Domestic work as productive/economic activity,

* Decent work

* Weakly 24hr off

* Minimum wage

* Choose place to live not force to live in house where they work,

* Min age = no child,

* Clear employment condition with emp assent ( preferably written)

* Freedom for union/association, & then right to bargain with there employers,

* Thailand & Philippians = signed C189 & try to organizing them

* US also enact various legislations & organize them

* People think domestic work = unskilled as people do it @home, this notion undervalued of domestic worker low wages this perception = wrong but now its changing as they counted there experience, for a family which need more than normal. Like:--

* @ Hong Kong, 15yr ago

* via Trade Unions worker take training & skill course with certification which there salary

* A specialized training like:-- child care specialist, + experience make easy for them to find jobs,

* Although, In India this type of initiative start in Delhi already,


* In India:

* Main problem in India = "Labor" = @concurrent list, turf battle b/w states & centre

* Domestic worker are not protected under existing labor laws as,

* They are not incl in Trade Union Act'1926, due to notion that "Household" is not considered as "Indus" in economic consideration this stand have a cascading effect on all laws enacted thereafter,

In India detail

* Enacted legislation

* Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982

* Maharashtra Domestic Workers Welfare Board Act 2008


* Notifications

* Policy Framework for Domestic Workers 2011 = 2011 sought for minimum wages for them

* Minimum Wages Act'05 Notifications of Karnataka - after public outrage

* Minimum Wages Act'05 Notifications of Kerala -after public outrage

* Code of conduct related to Domestic Workers in MH


* Draft Legislations and Bills

* A Domestic Workers (Conditions of Service) Bill, 1959, by private member bill @RS, + other bill there after with different names but all of them never enacted

* The House Workers (Conditions of Service) Bill, 1989, soughing min wages never pass

* The HouseMaids and Domestic Workers (Conditions of Service and Welfare Bill), 2004

* Domestic Workers (Registration, Social Security and Welfare) Bill, 2008 (DRAFT Bill) by NCW, a comprehensive bill seeking registration, setting "Domestic Worker Welfare Fund" worker + employer have to contribute, defined placement agencies, fine for violator,

* Domestic Workers (Regulation of Employment, Conditions of Work, Social Security and Welfare) Bill, 2008

* The Domestic Workers Employment Rights Protection Bill, 2004 (SEWA- Kerala Bill)

* + other child labor related laws



* India, Saudi Arabia to ink pact on domestic workers


* National Domestic Worker Union Lucknow, work for making unions in UP for such workers



What happening recent / Misc /Gemstones

* After a day's hard work, all they get is hunger, sleep deprivation, insult and in some cases extreme violence... Unless the society wakes up against such brutal behavior, such treatment will continue, so they are become Silent

* Until now India's baby step = acknowledging domestic helps as worker it extend benefit of insu to them, a bill pending which protect them from sexual violence,

* Kerela, MH, Kar but no implementation with spirit,

* entitlement of weekly off & paid leaves & other social benefit also make them real worker

* Although we need ILO's ratification but min what India need = passing National commission for woman bill'08 which seek regulating working condition of domestic worker

Indrajeet Singh