For All Defence Aspirants Minimum Wages Act For Domestic Workers
Minimum Wages Act For Domestic Workers
A Petition Has Been Field In The Supreme Court And Has Sought Its Intervention To Lay Down Guidelines To Protect Domestic Workers; Rights.
A Domestic Worker Is A Person Who Is Employed On A Temporary Or Permanent Basis To Do The Household Work. According To Estimates By The International Labour Organisation(ILO), There Are At Least Four Million Domestic Workers In India.
Through Domestic Work Is An Economic Activity The Vast Number Of The Domestic Workers Remain Unregulated And Beyond The Reach Of Social Benefits.
The Petition Sought The Recognition Of Domestic Work Under The Minimum Wages Act,1948 Fixing Of Work Hours To Eight A Day And A Provision Of Mandatory Weekly Off To Domestic Workers As A Basic Right Under Article 21.
Since Domestic Workers Belong To The Unorganized Sector, There Are No Laws Safe Guarding Their Rights- No Minimum Wage Requirements, No Health Or Insurance Benefits, And No Job Security Whatsoever.
Most Of The Domestic Workers Are From Vulnerable Communities- Adivasis, Dalits Or Landless Other Backward Classes (Obcs) .Nearly All Of Them Are Migrant Workers With An Overwhelming Number Being Women.
This Makes Them Easy To Replace And Vulnerable To Exploitation.
International Labour Organisation
The International Labour Organization (ILO) Is A United Nations Agency With Its Headquarters Located In Geneva Switzerland.
ILO Deals With Labour Issues, Particularly International Labour Standards, Social Protection ,And Work Opportunities For All.
The Organization Was Created In 1919, As Part Of The Treaty Of Versailles That Ended World War I, To Reflect The Belief That Universal And Lasting Peace Can Be Accomplished Only If It Is Based On Social Justice.
ILO Is A Tripartite Organisation, The Only One Of Its Kind Bringing Together Representatives Of Governments, Employers And Workers In Its Executive Bodies.
India Is A Founding Member Of ILO.
While Several Legislations Such As The Unorganised Social Security Act,2008 Sexual Harassment Against Women At Workplace (Prevention, Prohibition And Redressal) Act,2013 And Minimum Wages Schedules Notified In Various States Refer To Domestic Workers, There Remains An Absence Of Comprehensive, Uniformly Applicable, National Legislation That Guarantees Fair Terms Of Employment And Decent Working Conditions.
India Is A Signatory To The ILO’s 189th Convention, Known As The Convention On Domestic Workers But Has Not Ratified It Yet.
The Demands For Decent Work For Domestic Workers Are Two Pronged-First ,It Calls For Recognition Of The Rights Of Domestic Workers For Fair Terms Of Employment And Second ,It Calls For The Active Participation Of The State.
Minimum Wage Provisions Are Important Instruments To Protect The Workers From Low Wages. It Recognizes The Basic Contribution Of Domestic Workers To Homes And Societies, And Is A Key Means Of Ensuring The Principle Of Equal Pay For Work Of Equal Value.
Domestic Workers And Employers Should Mandatorily Register With Local Authority ,Which Is Crucial For Monitoring Whether Both Parties Are Fulfilling Their Contractual Obligations An D For Adjudicating Conflicts.
Convention On Domestic Workers
The Convention Concerning Decent Work For Domestic Workers, Adopted In Geneva In 2011,Sets Labour Standards For Domestic Workers.
It Is A Strong Recognition Of The Economic And Social Value Of Domestic Work And A Call For Action To Address The Existing Exclusions Of Domestic Workers From Labour & Social Protection.
The Convention Mandates That Domestic Workers Be Given Daily And Weekly Rest Hours,Their Payment Must Meet The Minimum Wage Requirement.
Ratifying States Are Also Required To Take Protective Measures Against Violence Against Workers And Also Required To Enforce A Minimum Age For Employment.
However, Since These Provisions Are Not Binding On Those Countries That Have Not Ratified The Convention ,India Is Not Obliged To Enforce These Recommendations.
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