Domestic workers are not included in the scope of the current labour laws because of the constraints in the definition of either the ‘workmen’, ‘employer’ or ‘establishment’. The nature of work, the specificity of the employee-employer relationship and the work in private households instead of public and private establishments, makes the coverage of domestic workers under the existing laws more challenging.
The category of domestic workers has largely remained outside the ambit of labour laws in India, often making them vulnerable to exploitation and violence.
Earlier in July 2017, a group of domestic workers had carried out stone pelting in Noida’s Mahagun Moderne residential society over the alleged beating up of a 26-year-old domestic help by her employers, who in turn had accused her of theft.
According to 2011 NSSO data,there are around 3.9 million domestic workers in India. Most of the domestic workers are from vulnerable communities – Adivasis, Dalits or landless OBCs, Women etc. This makes them easy to replace, and easier to exploit.
Since they belong to the unorganized sector, there are no laws safeguarding their rights – no minimum wage requirements, no health or insurance benefits, and no job security whatsoever.
Their work — cooking, cleaning, dish-washing, baby-sitting — is not recognised as work by the state.
India is a signatory to the ILO’s 189th convention, known as the Convention on Domestic Workers; but has not ratified it yet.
