Decent work for Domestic Worker - The slaves behind closed doors

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:
a. Organize them via unions
b. 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
o 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