04/10/23 1

“Universal and lasting peace can be established

only if it is based upon social justice”

Bharti BirlaILO

Moving Towards A Comprehensive Law For Domestic Workers in India

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• Role of Work and Labour Laws• Substantive Provisions of Labour Laws• Existing Labour Laws in India and Challenges• Laws for the Unorganized Sector• Overview of Domestic Work in India • Some initiatives of Indian Government• Need for a Comprehensive Legal Instrument for DWs• Challenges for a legal instrument for DWs• Way to Decent Work for Domestic Work • Initiatives in India

Outline

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Role of Work and Labour Laws

Work and Labour Laws

Work is central to people’s wellbeing Providing income, access to amenities, leading a productive and healthy life Paves way for broader social and economic advancement

All is intricately related to employment and as such on the labour laws

Purpose the Labour Law: Meeting Economic and Social Challenges

Establishing a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy

Providing a framework within which employers, workers can interact with regard to work-related issues achieving harmonious industrial relations

Giving clear and constant reminder and guarantee of fundamental principles and rights at work and establishing the processes for implementation and enforcement of such principles.

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Substantive Provisions of Labour Legislation

Right to collective bargaining

Freedom of Association

Collective settlement of disputes

Right to strike

Elimination of forced labour

Elimination of discrimination in employment and occupation

Elimination of child labour

Existing Laws in India are categorized as laws relating to:

Industrial Relations Wages Working Hours, Conditions of

Services and Employment Equality and Empowerment of

Women

Deprived and Disadvantaged

Sections of the Society Social Security Labour Welfare Employment & Training Others

Close to 45 labour legislations exists for 7% of the organized sector workers The majority i.e. 93% of the workers are unorganized and remains unprotected

and vulnerable as these laws may not be applicable

Labour Laws in India

Challenges with existing laws in India

Most workers are daily wage earners or self employed, with no provision for

unemployment insurance

Even when some protection or benefits exists for unorganized sector, it mostly

follows a fragmented approach

Most labour enactments deal with Regulation of work and work conditions (with/without grievance mechanism) Providing benefits such as social security, maternity, old age, pension,

healthcare Enabling the workers to take benefits of the welfare schemes (social

assistance) implemented by the state

A comprehensive approach integrating all the above three elements into a

single piece of legislation is generally not seen.

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Domestic Work and Labour Law

Laws for the unorganized sector

Because of the complexity and the nature of work in unorganized sector, tendency to look for individualistic solutions for each category of occupation

Separate enactments for Beedi Workers (tobacco rolled in tendu (temburini) leaf), Construction workers, Mine workers etc.

Unorganized Sector Social Security Act 2008, includes domestic workers

Civil society movement in India is also pushing for a separate legislation for domestic workers in India rather than mere inclusion in existing labour laws.

Key Issues

There is a gap between those workers: Who are represented by trade unions and those who are not Between those who are covered by labour laws and those who are not

Gender dimensions of these forms of exclusion are often particularly compelling ("Your Voice at Work" (Global Report), ILC, 88th session, Report I(B))

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• INDIA INDIA NSS Data 2005 - reported 4.75 million Domestic workers, with DW being largest sector of female employment in Urban India

• Approx 3.05 million women involved accounting for >12% of all women workers in urban India

• It is a fast growing sector (increased by 222% since 1999-2000) (Chandrashekar and Ghosh, 2007)

• An overwhelming majority of women DWs – about 84% and 92% in urban and rural areas respectively – get wages much below the minimum wage (NCEUS 2007). Only 5 states in India have notified minimum wages for domestic workers.

• A significant number of men are employed as gardeners, guards and chauffeurs. But women invariably make up the overwhelming majority.

• Large number of domestic workers are from lower caste or ethnic minority communities and also includes child labour

Domestic Work: Situational Analysis

Domestic Work: How Many?Cross Border Movements in South Asia

• Percentage of Female Migrants in South Asia

Source: “Migration and Gender in Asia” by Tasneem Siddiqui, 2008

Country Total % of Female YearNepal 1,78,072 < 1% 2006Bangladesh 8,32,609 5% 2007Sri Lanka 2,17,306 52% 2007Pakistan 1,83,191 0.04% 2006India 4,54,628 0.05% 2005Sectors of employment:• Male labour: Unskilled, semi-skilled labourers predominantly in construction• Women migrants from South Asia predominantly involved in domestic work• This is followed by manufacturing.• Small number of them work as Nurses (India, Sri Lanka, Pakistan,

Bangladesh)• Similar Destination Countries: Saudi Arabia, Kuwait, UAE, Malaysia,

Singapore, South Korea

Domestic Work: How Many?Legal Framework

Emigration and Labour Related Acts in South Asia:

• Bangladesh: Emigration Ordinance 1982

• India: Emigration Act, 1983

• Nepal: Nepal Labour Act 2048, Labour (First Amendment) Act, 2054 (1988)

• Pakistan: Emigration Ordinance 1979

• Sri Lanka: Sri Lanka Bureau of Foreign Employment Act, 1985

Education: Sri Lankan vs India, Bangladeshi, Nepali (80% illiterate or semi literate)

Marital Status: 50% women workers of Bangladesh, Nepal, and Sri Lanka were married when they first migrated

Age: Age group of Sri Lankan (21) women migrants during first migration was higher compared to Bangladesh (25) and Nepal.

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Domestic Work: How Many?India’s Initiatives

• Government of India has enacted the Unorganised Workers' Social Security Act, 2008, which covers Domestic Workers.

• Five States/UT (Andhra Pradesh, Bihar, Karnataka, Rajasthan and Dadra and Nagar Haveli) have fixed minimum wages for DWs. (Tamil Nadu , Orissa)

• Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and establishment of Welfare Board for DWs and Maharashtra Domestic Workers Welfare Board Act 2008.

• The employment of children (below 15 years of age) in domestic work has been prohibited w.e.f. October, 2006.

• The Ministry of Labour & Employment (MoLE) in collaboration with the Department of Training and Technical Education, Government of NCT Delhi and ILO has started a Skill Development Initiative for Domestic Workers/ Household Assistants in Delhi.

• MoLE under the office of DGLW has formed a Task Force to look into the issues of Domestic Workers.

• Draft Bill proposed on Domestic Work, including NCW’s Bill

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Work Like Any Other, Work Like No Other

Need for a legislative instrument

In India, DW are excluded from the major Labour Legislations, such as Minimum

Wages Act 1948, Maternity Benefit Act 1961, Workmen's Compensation Act

1926, Inter State Migrant Workers Act 1976, Payment of Wages Act 1936, Equal

Remuneration Act 1976, Employee's State Insurance Act, Employees Provident

Fund Act, Payment of Gratuity Act, 1972. (Workmen, Establishment, Workplace,

Employer)

Lack of definitional clarity - because of the nature of the domestic work, it is often

difficult to define who is a DW, live-in/part-time relationships, employers/

placement agencies and their regulation, workplace, home/place of stay, working

conditions, wages (cash/in kind), rest periods, weekly offs etc.

Given their vulnerability to dangerous, discriminatory and abusive working conditions, DWs warrant special attention rather than exclusion.

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Work Like Any Other, Work Like No Other

Regulation of Placement Agencies

An upsurge of placement agencies, which are managed by different players

Type of Placement Agency

Placement Agencies (Who call them selves as Registered Agencies)

Private Placement Agencies (Not Registered)

Cooperative Societies

Civil Society Organizations/ Movements

Registered Trade Unions

Registered Placement Bodies backed by Unions or Civil Society

Nature of Agency Registered – Different laws

Private bodies

Cooperative of workers

Movements and rights based organizations

Unionize DWs Organize DWs

Enrol Domestic workers as members

No No Yes Some have DWs

Yes Enrolled as members

Take Commiss-ions/Benefits/Charges

Many Do Yes May take memberships

Usually do not, but some may

No commissions, but may charge for services

May or may not charge

Deal with Salaries Many Do Yes (mostly) May deal in salaries

Many do May deal in salaries

Many do

Key Challenges For A Comprehensive Law

Major Challenges

Lack of accurate and comparable data on domestic workers Varying definitions of domestic work and domestic workers Participation of all actors in the law making process, however

Domestic workers are not organized and lack any voice and are represented

by different civil society movements Trade Unions involvement is limited in unionizing workers and in the law

making process Several versions of the bills for domestic workers drafted by different actors

floating around Difference in opinion in choosing between ‘minimum floor’ of benefits and

conditions versus ‘most optimal’ A debate on separate legislation for DWs versus including DWs in the

existing labour laws

Moving Towards A Comprehensive Law

Decent work for domestic workers

Requirement for a comprehensive law, which includes Regulatory aspects (including placement agencies) Social security issues Welfare measures Access to training and skill development Grievance resolution mechanism, which is fast, effective, approachable and

is not cost intensive Inclusion of domestic workers in the existing labour laws by making suitable

amendments

The resources necessary for implementation of the law, including Finances Implementation machinery Trained human resource

need to be visualized simultaneously with the proposed law.

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ILO Initiatives in India

Launch of Campaign “Your work is important”

Aims to raise awareness about the rights of the domestic workers amongst the public, household employers, youth, RWAs, and domestic workers themselves.

- Partnering with the Media - Street Plays in Delhi at Youth Hotspots

Working with the Trade Unions/Movements

To organize and unionize the domestic workersTo spread awareness for decent work for domestic workersTo train Domestic Worker Advocates

Knowledge Creation and Dissemination

One dedicated double issue of Labour File Journal on Domestic WorkersResearch studies on of different issues related to domestic work in India

Technical Assistance To MOLE

Member of the “Task Force on Domestic Workers”. Partnering in the Skill Development Initiative for Domestic Workers

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Reiko TsushimaSenior Gender Specialisttsushima@ilo.org

Thank You

Bharti BirlaProject Coordinatorbirla@ilo.org

ILO Subregional Office for South Asia (SRO-New Delhi)