The alleged assault of a 17-year-old domestic worker by her employer’s family in Gurugram has provoked the local administration to announce that it will draft a “Charter of Rights for Domestic Workers”. In any case, the extent of informality in recruitment and employment relations that defines domestic work has once again become a topic of discussion following the reports about the alleged attack.
Domestic service, the third largest employment avenue within the informal sector, exists outside state regulation. The drafting
The alleged assault of a 17-year-old domestic worker by her employer’s family in Gurugram has provoked the local administration to announce that it will draft a “Charter of Rights for Domestic Workers”. In any case, the extent of informality in recruitment and employment relations that defines domestic work has once again become a topic of discussion following the reports about the alleged attack.
Domestic service, the third largest employment avenue within the informal sector, exists outside state regulation. The drafting of a national policy on domestic work in 2012, in the backdrop of the International Labour Organization (ILO)’s Domestic Workers Convention No. 189, gave much hope to the sector. However, after many drafts, the policy seems to have taken a back seat. India has yet to ratify the ILO convention. And, there is a general reluctance to accept homes as workplaces.
The draft charter proposed by the administration, as reported in the media, would define minimum wages, working hours, eligible leaves and a minimum number of meals for a live-in worker. Discussion on regulating the sector, as is evident even in this promise, is always based on the premise that domestic work is like any other informal sector. However, experiences from past legal interventions, such as the extension of minimum wages to domestic workers, implemented in many states show how difficult and complex it is to formulate, implement and enforce any such directives.
The very formulation of previous legal interventions underlines the domination of employers, whereby exemptions are given on the matter of record keeping in all the states. This has left the workers with no proof of their employment in the event of any violations. This is one reason for its poor implementation. The restriction on labour inspections, based on employers’ right to privacy, is another dimension that limits legal outreach. Thus, attempts to regulate domestic work have failed to address poor working conditions and violence at the workplace.
The judiciary has intervened in favour of the documentation and registration of placement agencies in states such as Delhi. But there has not been the required follow-up by the authorities. Even when some kind of contract exists, often in the context of placement through agencies, it is difficult to implement it given the highly unequal power relations between the employer and the worker.
The introduction of four labour codes repealing and replacing existing labour laws has brought new challenges and uncertainties to the sector. Whether the codes will disenfranchise domestic workers given their definition of an employee or a worker is uncertain. The absence of data on domestic workers persists. Though many domestic workers are registered in the e-shram portal, the data is far from comprehensive. Though there was a proposal by the labour bureau to conduct a detailed survey on domestic workers, capturing the multiple specificities of this occupation, its results and outcome are still awaited.
With no record, regulatory framework or worker’s collectives, employers have the power to decide on the terms of employment. Domestic work is even now known for low and variable wages and poor working conditions where the employer’s understanding of the work plays an important role. Domestic work is seen as an extension of housework, a critical factor that invisibilises and undervalues the work. For live-in workers, it is worse, as employers have full control over the worker 24/7. Working time in such cases is often 16-18 hours daily on average. Added to this, regular and proper food and other facilities while staying at the employer’s home remain concerns. Lack of freedom even to take breaks, use phones or move out of the employer’s premises are commonly cited by such workers. Given the nature of the workplace and how domestic work is structured, employers have unlimited control over workers. The profile of workers, mostly poor migrant women from marginalised communities, allows the employers to dominate them, bringing social hierarchies and multiple inequalities into the relationship.
Unions and organisations working among domestic workers have been demanding separate legislation for domestic workers given the complexity of the sector. This has been taken forward in three states — Delhi, Kerala and Tamil Nadu – which have framed draft bills. One of the demands or solutions to the woes of domestic workers, as reflected in these draft bills, is the registration of workers and employers. This definitely will make employers responsible and serve as proof of employment for any violation and also for accessing social security provisions. Though such registration may sound reasonable and workable, employers in general are known to resist such a demand.
Ensuring secure and dignified employment for domestic workers is a challenge that requires multiple strategies. Legal intervention can play only a limited role. With the workplace being the employer’s home, it is not easy to implement legal provisions without political will. With the changed approach to employment relations and labour regulations that characterise current governance frameworks, even when the state is compelled to regulate the sector, nothing much could be expected in terms of its implementation. In such a context, unless there are strong unions to fight for the rights of workers, the law is likely to remain on paper. In short, the promised Gurugram charter of rights is unlikely to make a difference.
Neetha N is professor, Centre for Women’s Development Studies, New Delhi and editor of the volume, Working at Others’ Homes: The Specifics and Challenges of Paid Domestic Work
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