Simplified Laws Guide to Taxation and Legal Concern I am in a half mind about writing this article. I am not sure whether there are many takers for my views expressed here. ‘I don’t know what this housemaid does’ ‘She just takes the salary and never does any work’ ‘She takes leave as and when she wants’ ‘She just vanishes without even informing’ “That’s it! I will change the servant, I had enough of her’ ‘These people demand a lot of money, no? ‘These people have a new problem every day.”
Is this kind of conversation familiar to you? If not, either you are not living in India or socializing in India. Maybe, you are blessed with a maid who is perfect! As I know, cribbing about housemaids is a common topic of ‘social-economic’ meetings at apartments, colonies and light family functions.
Look at the difference –
We work 8-9 hours a day, maybe 6 days a week (most of nextgen employees work 5 days a week). However, when it comes to maids, we expect them to work like a clock. They have to come on all the days. Generally, we lend deaf years to their problems; we haven’t made any attempt to see their living conditions. (But we expect them to keep our home spick and span)
Are they not governed by any laws?
Surprisingly, there is no independent or separate law to protect the interest of domestic workers in India.
After all, how many domestics workers are there in India?
I have the most unrealistic data. As per the Union Minister around 42 lakh domestic workers are present in India. (This is too less, isn’t it?). Of 42 Lakhs, 28 Lakhs happen to be women workers. (First of all, there is no law, and thus the data becomes unreliable. The government GDP data itself is under the scanner, so you can easily discount this data!)
So, how to protect the interest of these workers? Do we really need a law for this?
Yes. Of course. You agree or not, if India has to grow (even if less than your expectation), it has to be inclusive growth. The people in the organized sector have some rules and regulations to rely on, in case of need. Where do the domestic workers look for recourse? I am of the opinion that these people should be given better-working facilities and social security benefits.
Already the State and Central Government is pouring freebies to such people. What else do you expect to do?
Exactly, if the freebies are to be stopped, then these people (all in the unorganized sector) should be brought under organized sector. They have to be paid through banks, they have to get Provident Fund, they must be eligible for minimum leave, etc. Once it is done, they can’t be falling under Below Poverty Line (BPL) as their income is much more than BPL norms. Thus, the people under BPL schemes will drastically reduce, and APL (Above Poverty Line) citizens will not pay for their food and social security.
Why have you brought up this topic now? Was there any fight at home!!!!
National Platform for Domestic Workers, a Non-Government Organization has submitted a memorandum to the Union Labour minister requesting for enactment of a comprehensive legislation for regulating the conditions of work and providing of social security benefits to domestic workers.
By the way, who is a domestic worker?
The Draft National Policy on Domestic Workers, as recommended by the Taskforce on Domestic Workers, defines a domestic worker as “a person who is employed for remuneration whether in cash or kind, in any household through any agency or directly, either on a temporary or permanent, part time or full time basis to do the household work, but does not include any member of the family of an employer.
If the new policy comes into force, what changes can be expected?
- The domestic workers to be hired through placement or service agency only (means you can’t get a maid the way you are getting through neighbor’s reference. If you dare to hire, such direct hiring will be treated as ‘bonded labour)
- One month paid annual leave and 2 months maternity leave (like any other employee in the organized sector)
- Pay provident fund and state insurance contribution (like any other employee in the organized sector)
- The maids/workers will have to sign employment contract with the agency, giving adequate KYC documents
- Minimum salary to be paid as per Minimum Wages Act (means the cost of hiring the servant will go up; one more reasons for you to cry and crib)
- One day mandatory weekly off (Ha! this is another reason to crib! They will also get a leave like you and me)
Do you like this idea?
I am sure many of us are scared of this idea! We can loudly hear the comment such as “As such, domestic workers are not doing as ‘expected’ by us and now, if they get protection through the new Act, it will be good to do our work ourselves”.
Is this not a good idea?
As I said, our country urgently needs ‘inclusive growth’. Anything done, by private or public, to make this happen is a welcome move. This new proposed Law, according to me, is a game changer. It will improve conditions for both domestic workers and their employees.
Today domestic workers are not granted regular leave (they take off without informing or by lying). They are also paid low wages compared to the unskilled workers in an organized sector. Most importantly, apart from no social security benefits, it is a low dignity job. The services and efforts of maids are not acknowledged by many people (employers).
Secondly, none of them come with formal training. They won’t serve the exact requirements of the households, thereby the discontentment among the hirers is also high. Instead, if this section of the society comes with formal training such as elderly care specialist, child care specialist, cook, general housekeeping, etc., they would be a better fit for their roles.
My e-commerce friends
This may be a big e-commerce/ m-commerce opportunity! A good, user-friendly application and a portal on domestic workers will be a sure success. (I am aware of some companies in this field now). Like the doctor appointments or/ booking a taxi service, a domestic worker service can be made available.
Hope Mr. Rahul will not stage a protest and block this new Law.
Thought for the day
People often forget that kindness is free
