Domestic workers (Registration social
security and welfare ) Act 2008
Statement of objects and reasons
- The issue of exploitation of women and children domestic workers is frequent and regularly reported.
- With no rights and rules to fall back on, most of the domestic helps have become contemporary slaves.
- It is also a known fact that many women and children are trafficked and exploited by the placement agencies, which operate openly without any form of restrictions and regulations.
- In last few decades there has been a tremendous growth in the demand for
domestic workers which has led to the trafficking and other forms of exploitation of
millions of Women and children of the both sexes and to meet this growing demand
there has been a spurt of thousands of placement agencies providing domestic
workers in metro-towns of many states who are exploited in various ways as well as
trafficked and remain outside the purview of any legislative control.
- Absence of any legal protection , has led to severe exploitation women and
children which include depriving domestic workers from there entire salary average
more then 16-18 hours of work per day, absence of proper food and living/sleeping
condition, forced and total cut off from their family members, bounded labour , sexual
exploitation by agent during transit, at the office of agency and at the work place in
houses of employers, The list of exploitation is endless and frequently reported upon
by the media.
- The legislations such the recent notification on prohibition of child labour in domestic work under Child Labour (Prohibitions &Regulation ) Act, 1986 can not be implemented in the absence of any implementation mechanism in this Act.
- Recently few State Govt. have taken different initiative such as including domestic workers under minimum wage notification but in the absence of a central legislation capable of reaching all domestic workers none of these state level measures can really benefit the domestic workers.That only a Comprehensive Central Legislation specifically designed to meet the working condition of the domestic workers including registration , who are an important segment of service sector of Indian economy and who have an Multiplier impact on the economy by enabling the women in particular to work by sharing the family burden, can ensure the end of the exploitation of these domestic workers.
- That in the public interest that the domestic workers, employing, as it does, a very
large number of women and whose conditions of work and living need amelioration
and to whom regularity of employment must be assured, Placement agencies must
be regulated so that the Directive Principles of the Constitution more particularly the
relevant provisions Article 39, 41, 42, 43, and 43-A of the Constitution are given effect
to by a law made by Parliament with reference to entries 22, 23 and 24 of List III in
the 7th Schedule in the Constitution.
- Short title, Extent and Commencement
- This Act may be called the Domestic workers (Registration, social security
and welfare) Act 2008
- It extends to the whole of India except the state of Jammu & Kashmir
- It does not apply to such domestic workers emigrating for employment to any
- It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
- Definitions- in this Act unless the Context otherwise requires
- "Appropriate Government " means the concerned State Government or the
Union Territory administration.
- "Beneficiaries " means every domestic worker registered as a beneficiary
under this Act
- "Child "means a person who has not completed eighteen years of age.
- "Central Advisory Committee " means an advisory Committee constituted
by the central Government under section 4 of the act
- "District Board " means the District monitoring Board for domestic workers
established under Section --- of the act
- "Domestic Worker" means, a person who is employed for remuneration
whether in cash or kind , in any house hold through any agency or directly,
either on a temporary basis or permanent, part time or full time to do the
household work or allied work
EXPLANATION: household and allied work includes but is not limited to
activities such as cooking or a part of it, washing clothes or utensils, cleaning
or dusting of the house, caring/nursing of the children/sick/old/handicapped
- Domestic Workers Welfare Fund - means the fund under section of the Act
- "Employer " means any person that engages the domestic worker to do any
work in a household whether part time or full time either directly or through
any other person or agency and who has an ultimate control over the affairs of
the household and includes any other person to whom the affairs of such
household is entrusted, whether such person is called an employee or is
called by any other name
- "Notification " means a notification published in the Official Gazette.