Workplace? Home? Why ensuring domestic workers’ rights has proved so challenging

Domestic work is a feminised occupation, with migrants from marginalised communities constituting a considerable proportion. Wage rates and other non-wage benefits vary across the tasks performed by the worker and the nature of employment. There is variation in wages across employers for a given task even in the same locality. Low wages, unfair working conditions (such as the absence of any leave and denial of rest and food), the obligation to attend to additional tasks, increased workload without additional compensation and so on are the key features that mark the sector. High levels of job insecurity (with the possibility of arbitrary dismissals) and the complete absence of social security measures force the workers to accept vulnerable conditions of work laid out to the benefit of employers.

The deep-rooted social understanding that domestic work is a skill that all women should possess underlines its invisibility and undervaluation. Harassment and humiliation by employers are part and parcel of workers’ lives. The brutal mistreatment of domestic workers rarely gets reported in the media, which brings fleeting ripples of public attention, followed by promises to regulate the occupation. India is yet to ratify the ILO Convention 189 on domestic workers. The judiciary has intervened in the past in favour of the documentation and registration of placement agencies. Though some follow-up was done, it didn’t make much difference to the working conditions of domestic workers.

It is often asked why a specific segment of the workforce, like domestic workers, needs separate legislation when the new labour codes are more inclusive. The Code on Wages (2019), unlike the Minimum Wages Act, by definition covers the sector. But anyone who recognises the intricacies, complexities and hierarchies of the occupation which intersects with gender, caste, and class will back a separate legislation. The different systems of employment of workers — part-time/full-time, live in/live out — have contributed to the complexity of the sector. The asymmetric relationship between employer and employee, where the workplace is the former’s private space and the latter’s workplace is an issue that makes the sector qualitatively different. Further, the work undertaken — mundane cleaning tasks and cooking or care work — are all socially devalued.

Having said this, it is critical to also note some of the challenges in regulating the sector. The definition of what constitutes domestic work needs to be carefully worked out as inclusively as possible. One of the prerequisites for enforcement of any labour regulation is proof of employment. Experiences from many states in the context of enforcement of the Minimum Wages Act have brought forth the challenges related to proof of employment. The demand by domestic workers unions to include provisions for compulsory registration of workers by the employers in the laws to regulate the sector stems from these concerns. Resistance by employers in registering the workers is a factor that needs to be taken into account. Most employers do not view themselves as “employers” or their homes as “workplaces”.

Legislation ensuring minimum core entitlements with redressal mechanisms not only shakes the power hierarchies but also recognises the value of housework and care work. The direction of the apex court is a golden opportunity for all who are campaigning for national legislation for regulating domestic work. There have been enough attempts and experiences at the national and international levels to frame laws for regulating the sector. Though domestic work shows similar structural characteristics and features across the world, it is important to take note of domestic circumstances and specificities while formulating laws for regulating the sector. The recent attempts in the direction of the states of Kerala and Delhi could surely be looked at for learning. Domestic workers’ unions and organisations across the country bring with them rich experiences of ground realities that need to be taken into account while framing any law for the sector. A legislation to regulate the sector may not result in an immediate betterment of working conditions. Issues of its implementation and enforcement are a challenge, given that the workplace is the employer’s home. Whatever the challenges are, legislation on domestic work would surely help in redefining the power relations in the long run and will give some voice to the workers and their unions. All these hopes will depend on the report of the committee and the union government’s follow-up on the recommendations.

The writer is professor at Centre for Women’s Development Studies, New Delhi and the editor of the book, Working at Others’ Homes: The Specifics and Challenges of Paid Domestic Work.