The Kerala government has drafted a new Bill to protect the rights of domestic workers in the state. The draft Bill was made in 2020 and is currently being vetted by the Law Department. The main aim of the Bill is to recognise domestic work as employment and to provide legal protections to these workers. The Bill proposes an eight-hour work day, a mandated weekly off, and social security for domestic workers. The Bill aims to make both agencies that recruit domestic workers as well as individuals/families who employ them, accountable for their well being and safety.
"One of the problems that exists is that there is no proper contract for domestic workers,” says state Labour Commissioner S Chithra, “There are scores of private agencies that recruit domestic workers. But there are no statistics available of how many agencies there are, how many workers they have recruited, and how much wage they are paying. The aim is to bring them all under the government's ambit.” The draft proposes to mandate registration for recruiting agencies, and a contract for the employment of domestic workers. If the conditions in the contract are not met, workers can complain to the Labour Commissionerate. The draft Bill after scrutiny by the Law Department, will be introduced in the state Legislative Assembly.
"There are penal provisions in the Bill if the conditions in the contract are violated," the Labour Commissioner adds. The draft proposes that domestic workers should get a weekly off and that they should be provided with three meals a day.
The Labour Department focuses on two things: one is awareness among citizens and the second is enforcement of the Legislation. "Until now, there was no proper legislation for the protection of domestic workers though police cases could be registered in case of crime. Employees are also very much rights-aware in Kerala. Now, the employees will also become aware of their rights once the legislation is brought in,” S Chithra tells TNM. There will be a sensitisation drive for the domestic workers as well as other stakeholders once the Act is implemented. Self-Employed Women's Association (SEWA), an organisation that stands for domestic workers, had submitted a draft to the government for suggestions, of which may be incorporated in the draft.
"The present laws don't recognise domestic work; they haven’t defined it and hence the domestic workers don't get any legal protection," reads the preface of the draft by SEWA. SEWA Secretary Sonia George says that, however, the government hasn't done any consultation with SEWA regarding the legislation.In the draft sent by SEWA, a workplace is defined as any home/residence where the domestic worker works and wage is the money paid on the basis of the contract for the work.
In the draft prepared by the government, however, the minimum wage is not stipulated. "That won't be there in the legislation, but a separate notification will be sent for that," says additional Labour Commissioner Sree Lal. "I am not in a position to comment on the draft bill as the draft is not out and also not sure about the definitions in it," Sonia George says.