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

written by - Indrajeet Singh