Task Force On Domestic Workers FINAL REPORT OF

Task Force On Domestic Workers FINAL REPORT OF THE TASK FORCE ON DOMESTIC WORKERS Director General Labour Welfare Ministry of Labour and Employment Government of India 1

Background q Task Force on Domestic Workers constituted by the Ministry of Labour December 29, 2009, to – Evolve a Policy Framework for domestic workers in the context of: • Regulatory mechanisms • Providing welfare measures – Generate knowledge in order to evolve an India Paper for presentation/ consideration during the 99 th Session of the ILC, June 2010 q Phase 1 focusing on welfare measures (Jan 2010 – March 2010) - TF discussions between Jan-March 2010 presented in the First Report of the Task Force on Domestic Workers with a set of recommendations (Submitted March 18, adopted April 6, 2010) q Phase 2 (or Final Phase) on regulatory mechanisms and make further progress on welfare measures (April 2010 to August 2011 ) 11/27/2020 2 2

Phase 1: First Set of Recommendations and Status Task Force Recommendation Status Extension of the welfare schemes to the domestic workers including: -Health and Maternity Benefits, -Death and Disability Benefits, and -Old Age Benefits -To start with the RBSY scheme. -Cabinet approved RSBY scheme to domestic workers and approved on 23 June 2011. -A guideline has been issued on the required steps. Domestic work should be included in list of scheduled employments vide a notification under the Minimum Wages Act 1948, for fixation and enforcement of minimum wages. Letter issued by Secretary of Labour, MOLE to State Chief Secretaries (1 July 2010) – requesting for inclusion of domestic work in the schedule and fixing minimum wages. Skill and re-skill training program should be scaled up and replicated. These are included in the draft National Policy on Domestic Work. 3

Phase 1: First Set of Recommendations and Status (cont. ) Task Force Recommendation Status Mandatory registration of placement agencies and individuals, under the Shops and Establishment Act, 1953 Letter from the Director General Labour Welfare, MOLE to the Principal Secretaries (13 October 2010 ) requesting them for registration of placement agencies Drafting of a National Policy for the Domestic Workers covering the welfare, regulatory, and skill development issues. A draft National Policy on Domestic Work has been prepared by the Task Force. Policy to also include a Code of Practice to serve as a guideline for protecting and regulating work conditions and wages. 4

Phase 2: Final Recommendations and Status (cont. ) Task Force Recommendation Status The Task Force recognizes that -Domestic work is an important economic activity and as such the Indian Constitutional Rights guaranteed to workers apply to domestic workers. These items are included in the draft National Policy on Domestic Work -However, the nature and specificity of the domestic work as well as looking into the vulnerabilities of the domestic workers, it is important to safe guard their rights as workers. The Task Force recommends the Government to adopt the National Policy on Domestic Workers which will place -a labour rights framework for domestic workers and -will lay down certain minimum conditions for domestic workers which should not be compromised with. -Such a Policy may eventually lead to a specific legislative mechanism for domestic workers A draft National Policy on Domestic Workers has been attempted by the Task Force members for consideration. 5

Policy Drafting Process • Task Force Members discussed the key issues to be included in the Policy • The National Domestic Workers Movement produced the first draft. • This draft was also shared with the members of the National Advisory Council (headed by Ms Sonia Gandhi) at a joint meeting of the Task Force and the NAC’s Working Group on Domestic Workers (headed by Ms Mirai Chatterjee) on 24 th February, 2011. The comments received were recorded. • The ILO re-drafted the policy based on the comments and the subsequent discussions of the Task Force members. • The draft policy was circulated to Task Force members for their final concurrence. 6

National Policy for Domestic Workers Realising Decent Work 7

Draft Policy on Domestic Workers Draft Policy: starting points q Domestic work is a legitimate labour market activity undertaken in an employment relationship q Domestic workers are workers and fundamental principles enshrined in the Constitution i. e: right to livelihood and rights at work be expliciltly stated to cover domestic workers as they do to other workers q Currently excluded with lack of recognition of their worker status, the Policy should affirm their worker status and rights 8

Draft Policy on Domestic Workers Draft Policy: starting points q Enable Domestic Workers to receive treatment that is not less favourable than what other workers generally benefit under laws and legislations q Serve as a framework for legislative inclusion, which sets down minimum conditions which will be achieved through q Amendments to include within existing legislation where feasible q And where not feasible, or extension would not amount to equivalent protection due to the particular nature of the work, design appropriate legislative mechanisms q Attention to the design legislative measures to regulate working conditions including payment of wages (in line with skills & hours of work), rights to register as workers; access to grievance redressal and 9

The Draft National Policy Key Sections Key Provisions Preamble • • • Aims and Objectives Recognises the Constitutional rights of domestic workers Recognises the importance of the profession; particular nature of the work; the vulnerability of the workers Suitable amendments may be made in all the relevant legislations applicable to workers Central and State Governments to take effective and appropriate measures to ensure that domestic workers are able to exercise their labour rights. Such measures include: -Legislative inclusion (expand scope of existing legislation) -Setting up legislative mechanisms to address issues that existing legislations cannot address -Setting up institutional mechanism to provide social security cover, social protection benefits, fair terms of employment, grievance redressal and dispute resolution which can be easily used by DW 10

The Draft National Policy Key Sections Key Provisions Aims and Objectives (Cont. ) • Facilitate their registration as workers and to be recognised as workers • Promoting their rights to organise, form their own association • Promoting skills development – entry points to professionalisation and wage increase • Setting up necessary mechanism to protect the rights of domestic workers who seek work abroad • Establishing the role of the government and private household employer, including through the adoption of a code of practice • Create public awareness of domestic work as legitimate labour market activity and the household employers’ obligation under the law to provide decent working conditions to domestic workers. 11

The Draft National Policy Key Sections Key Provisions Scope and definition • • Legislative • inclusion and designing • specific legislative mechanisms • Domestic worker Types of domestic workers, based on the hours of work and nature of employment relationship: Part-time worker, Full-time worker, Live-in worker Employers Placement Agencies Legislative inclusion and designing specific legislative mechanisms The Central government to facilitate in identifying what is the nature, if any, of the constraints in including DW in major labour legislations, programs and policies. If the provisions of the existing legislation/s cannot be extended to domestic worker (reasons thereof shall be provided) and appropriate Government shall take measures to achieve at least equivalent protection by other means, including legislative means 12

The Draft National Policy Key Sections Right to register as workers Right to organise Key Provisions • Minimum wages protection, setting suitable limitation of payments in kind; establishing normal hours of work, rest periods, paid leave, social security, work in safe and healthy workplaces, protection from abuse, harassment and violence. • Health, maternity, death and disability, old age Right to fair • terms of employment, social protection and labour welfare “Appropriate implementation mechanisms shall be developed at the State levels to facilitate workers access to decent working conditions” Protection of “migrating domestic workers also include Indian workers who accompany domestic their employers on longer term overseas assignments” workers who see abroad Mechanism to ensure addressing the terms of employment prior to crossing national borders. 13

The Draft National Policy Key Sections Key Provisions Right to Skills • Domestic work is an occupation requiring a range of skills, from basic Development to specialised; • Governments to set programmes for continuing developing competency and qualifications, such as including Domestic Workers in the Skill Development Initiatives. Grievance • redressal and dispute resolution The MOLE shall set up an appropriate grievance redressal and dispute resolution mechanism to protect rights and welfare of domestic workers Awareness creation of employers obligation • The MOLE in collaboration with stakeholders will develop a Code of Practice • The Central and State labour departments will provide information, assistance to domestic workers and their employers on good practices in the employment of domestic workers, legal requirements, enforcement arrangements and sanctions in cases of violation 14

Implementation of the Policy Ministry of Labour & Employment Implementation Committee • Responsible for establishing mechanisms to implement the Policy • Monitor the implementation of the Policy, Function as information source, take stock of progress and evolve the Policy • Implement the State Tripartite substantive provisions of Institutional Mechanism the Policy. 11/27/2020 15 15

Timeline for Implementation q MOLE to establish the Implementation Committee within 3 months of the adoption of the Policy. q The Implementation Committee to produce an implementation plan of the Policy within 3 months from the date of its establishment q The MOLE, with the Implementation Committee, will hold information dissemination session with State Labour Departments and assist in the establishment of the State level tripartite institutional mechanism in collaboration with other stake-holders. q The State level tripartite institutional mechanism to be established not later than 6 months after the adoption of the Implementation Plan. q Annual activity report to be produced by the State tripartite institutional mechanisms on an annual basis, to be compiled into a national report by the Implementation Committee, and will be used to provide advice to the MOLE on the progress, requirements for evolving of the Policy. 16

Thank You 17