Inclusivity in Labour Laws: Recognizing the Rights of Househelps and Other Informal Workers in India

Inclusivity in Labour Laws: Recognizing the Rights of Househelps and Other Informal Workers in India

Househelps and other informal workers inclusive in the labour laws in India with citing case laws and references

In India, the majority of the workforce operates in the informal sector, where labour laws are not strictly enforced, and workers do not receive adequate protection. This includes househelps, domestic workers, and other informal workers who are often excluded from the purview of labour laws. However, the Indian government has taken steps to address this issue and ensure that informal workers are included in the labour laws.

According to the International Labour Organization (ILO), around 81% of women and 60% of men in India work in the informal sector, which includes domestic work, street vending, and other non-standard jobs (1). These workers are often not covered by minimum wage laws, social security, or other benefits that formal workers receive. This exclusion from the labour laws creates a vulnerable workforce, with little legal recourse when they face exploitation, harassment, or abuse in the workplace.

The landmark case of Vishaka & Ors vs State Of Rajasthan & Ors (AIR 1997 SC 3011) highlighted the issue of sexual harassment in the workplace and the lack of legal protection for women in the informal sector. The Supreme Court of India, in its judgment, recognized that the fundamental rights of women were being violated in the workplace, and employers had a duty to ensure a safe working environment. The court laid down guidelines for preventing and redressing sexual harassment in the workplace, which provided a framework for employers to follow.

Following this judgment, the National Commission for Women (NCW) proposed the Protection of Women Domestic Workers Bill in 2010 (3). The bill aimed to provide domestic workers with legal recognition and protection, including minimum wages, social security, and other benefits. However, the bill has not been passed yet, and domestic workers continue to be excluded from the purview of labour laws.

In 2017, the Ministry of Labour and Employment announced that it was considering including domestic workers in the ambit of the Minimum Wages Act (4). This would ensure that domestic workers are entitled to minimum wages, overtime pay, and other benefits that formal workers receive. The government also proposed to set up Domestic Workers Welfare Boards in various states to provide social security and other benefits to domestic workers.

In line with this initiative, the state governments of Karnataka and Kerala have passed legislation to set up Domestic Workers Welfare Boards. The Domestic Workers Welfare Board Act was passed in Karnataka in 2017 (5), and the Kerala Domestic Workers Welfare Board Act was passed in 2018 (6). These boards provide social security, insurance, and other benefits to domestic workers, including training and skill development programs.

Despite these measures, there is still a long way to go to ensure that informal workers are adequately protected under the labour laws. The National Sample Survey Office (NSSO) conducted a survey in 2011-12, which found that 58% of domestic workers did not receive any written contract, and 83% did not have access to any form of social security (7). These statistics highlight the need for stronger legal protection for informal workers.

In conclusion, the inclusion of househelps and other informal workers in the labour laws is a crucial step towards ensuring a fair and just workplace. The landmark judgment in the Vishaka case and the proposed legislation for domestic workers’ welfare show that the Indian government recognizes the importance of protecting informal workers. However, there is still a long way to go to ensure that informal workers receive adequate legal protection and benefits. It is the responsibility of policymakers, employers, and society as a whole to recognize the value of informal workers and work towards their welfare and protection.

References

1. International Labour Organization. (2021). Informal economy. Retrieved from https://www.ilo.org/newdelhi/areasofwork/informal-economy/lang–en/index.htm

2. Vishaka & Ors vs State Of Rajasthan & Ors, AIR 1997 SC 3011.

3. The Protection of Women Domestic Workers Bill, 2010. Retrieved from http://ncw.nic.in/pdfReports/Protection_of_Women_Domestic_Workers_Bill_2010.pdf

4. Ministry of Labour and Employment. (2017, May 26). Minimum wages for domestic workers. Press Information Bureau. Retrieved from https://pib.gov.in/newsite/PrintRelease.aspx?relid=162986

5. Karnataka Domestic Workers Welfare Board Act, 2017. Retrieved from http://labour.kar.nic.in/Downloads/Domestic%20Workers%20Welfare%20Board%20Act%202017.pdf

6. Kerala Domestic Workers Welfare Board Act, 2018. Retrieved from https://www.labour.kerala.gov.in/index.php/act-rules?id=397

7. National Sample Survey Office. (2014). Key indicators of domestic workers in India. Retrieved from http://mospi.nic.in/sites/default/files/publication_reports/KI_Domestic_Workers_2011-12.pdf