The writer is a development consultant and a PhD student at the University of Melbourne
syed.ali@tribune.com.pk
While the number of domestic workers in the country is unknown, there is consensus regarding the prevalence of such work across our rural and urban areas, due to widespread deprivation and disparities that exist in the country. Domestic workers include people who cook and clean our homes, drive us around, and look after our children and the elderly, and do other household chores. While many employers treat domestic helpers well, the latter do remain vulnerable to many forms of exploitation, given the absence of specific labour laws to safeguard their interests.
The proposed bill, therefore, rightly emphasises the need for contractual agreements between employers and domestic workers. It prescribes age limits for domestic employment, forbids forced/bonded labour and calls for the application of minimum wages to domestic work. The draft bill mentions that contracts for employment of domestic workers must also specify a clear-cut scope of responsibilities for the employees and that the domestic workers be paid for overtime. Provisions are also made for maternity leave, compensation for injury and other leaves. Furthermore, employers are to be held responsible for providing decent accommodation and food to the people, who live and work in their homes. A one-month notice of termination of domestic workers is also mentioned in the draft bill.
The campaign launched to garner support for the bill is also stressing how the proposed bill would not place an unfair burden on employers. The bill does, in fact, propose to go beyond focusing on employers, since it requires the government to constitute a domestic workers welfare fund, which would secure contributions from both employers and registered domestic workers, to ensure that the latter are provided basic social security benefits like other formal sector workers.
In its current form, however, the bill does not sufficiently emphasise domestic workers’ responsibilities. One of these could be the requirement for domestic workers having to provide a month of notice before leaving their job as well, especially if their employer has fulfilled their side of contractual responsibilities. Moreover, the bill must also clearly differentiate between workers who reside within homes, or are employed for a few hours only and articulate special provisions for the latter as well.
There will probably be numerous cynics, who will dismiss this effort as being futile given the socioeconomic deprivation in the country. Or they may claim that legal contracts will not help domestic workers, who cannot read or write. However, even if people could be informed verbally of the terms of their contract, possibly signed in front of oath commissioners on a stamped legal paper, this could go a long way in providing tangible means to help empower domestic workers.
Formulating a domestic workers bill would hardly be an unprecedented effort. Other developing countries, including Brazil and the Philippines, have already passed similar laws. There are also provincial laws to the effect in Indian states, including Tamil Nadu. An International Labour Organisation (ILO)-formulated Domestic Workers Convention also comes into effect in September this year. Pakistan must sign this ILO convention, as this will provide further impetus to adopting a national law regulating domestic work and providing relief to the multitudes of our citizens, who work hard to make life more comfortable for those who can afford to hire domestic help.
Published in The Express Tribune, August 23rd, 2013.
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COMMENTS (10)
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@Lala Gee: @AliKuliKhan: Excellent opinions by both of you. An excellent article too. √We all know any government program from business tax collection to semi-govt Dept's, are heavily prone to corruption to the extent of zero usefulness of such, Resulting back on to privatization table. √As much as the govt is drooling over the income in billions from just Karachi alone, it won't bring much desired benefit for the workers or the hiring families or homeowners. Why? √Most abuse of the 80% of labor is in agriculture industry and not in the city where they have all the facilities and choices and majority of the employers are educated and compromising to the need of poor from interior areas. <Still, an skill test for salary, a crime background check, proof of permanent residence for police report for rampant theft and murder by no-doc workers, an affiliation with a hiring or screening agency is a must. √Days of city ladies for shopping & fun(loss for local markets)are over. Cut throat lawsuits then self cooking & cleaning are in. Oh, I never thought of "Hartaal" and political maneuvering stunts by the powerfulls.
Its a commendable move, unfortunately so long as several other things remain as they are, it is likely to remain unworkable. 1) Salaries for domestic work must be raised. Poorly paid workers will always give in to mistreatment for the sake of keeping their jobs. 2) Other conditions must improve. Right now both my Cook and the Cleaner have asked me to go along with them to settle a technical dispute with NADRA in one case, and their driving licence made in the other. They both feel they would rather not deal with officialdom on their own, and that they will be shortchanged, once the officials see a poor man in front of them. 3) We MUST stop referring to servants in demeaning ways (choora, jamadar). The spoken word has an effect on thought processes. Many laws/regulations that are made embody commendable ideals but they prove too lofty when it comes down to enforcing them. Sadly.
I think this private bill is a commendable first step towards safeguarding the interests and rights of domestic workers. It is heartwarming to know that there are individuals out there concerned about the domestic help at home.Though induction of this bill in our laws and constitution may only take place after very lengthy debates over a long period of time and its proper implementation even longer its a good initiative. Such a bill if passed and made a part of the constitution may make domestic workers aware of this bill feel safer. However, there are many loopholes how would the uneducated, domestic worker from remote areas be made aware that a law exists for the protection of his rights. How would the contractual agreement come about? Would there be specific agencies who would draft an agreement between the employer and the employee and thus register the households employing domestic help and the people working for them or would this agreement be made verbally between the employer and the employee thus leaving the door open for the abuse of this agreement.If either party was to break the agreement how would the victim party be redressed. The time frame to solve a dispute over the agreement between the employer and the employee has not been mentioned. Also corruption is rampant in our country and there are going to be a lot of households that will figure a way to violate the law when passed without being caught. Another aspect of this private bill I would like to find out is that does this bill only address the problems of domestic workers or has it been extended to include all the people working in the informal sector.
The law is needed despite its expected failure. The issue if not of protection and empowerment as much as it is of regularization. Domestic servants must be documented. Domestic service must be regulated. Market forces have decided already, the terms and conditions of employment now the task of regulation and execution remains.
Drivers who are expected to drive around late into the night on working days AND weekends are a menace to society at large. Personal guards who accompany individuals in conflicts are a menace. Servants who are expected to do mundane tasks are a menace. Individuals who have made such domestics servants a common are the worst sort of menace, they have bred the culture of Nokar.
"There will probably be numerous cynics, who will dismiss this effort as being futile given the socioeconomic deprivation in the country" I'm one of the cynics -- if one may be called a cynic for believing in the futility of 'this' bill. I'd rather endorse what "Lala Gee" has suggested in his comment-- sounds practical and much better than a piece of useless legislation that has no authoritative body to implement its provisions.
In case a dispute arises between the employer and domestic worker, the matter will go to a court. As you know, it takes years, sometimes decade to decide a case by the courts. The bill should also mention that all such cases should be decided within a fortnight or maximum within a month.
I respect your decision not to print my comment. My views highlighted the viewpoint of the household personnel. What improvement would they like. Discussing with those who are 'employers' is very one sided. Another idea would be to interview few 'maids' and translate their demands in the paper. ( I do not like the word servants; it is degrading to those working hard for their living)
This law will be counterproductive. Any form of protection makes the individual / institution inefficient. Let the market forces determine the terms and conditions of employment. For example a good driver will not accept an offer of minimum wage of Rs.9,000/-. There were times when a family would work for the owner for just providing accommodation. These days a good part time cook will charge more than the minimum wage. The domestic help will be difficult to regulate and will encourage corruption. The industry where workers are protected under labour laws and labour courts are sympathetic towards them it forces the employers to circumvent laws to make the belligerent workers to perform. The market value of the worker is determined by the supply and demand situation.
@Author:
I haven't read the Bill yet, but I would like to make this suggestion anyway. The only way to properly protect the rights of the domestic help workers, and also to watch the interests of the employers as well, would be to establish employment bureaus and agencies both in the public and private sectors. All domestic help workers must be required by law to register first with an employment agency/bureau which would be their actual employer and be responsible to pay their salary on time and according to their skills and work load as per the laws and regulations set forth by the government. Moreover, in order to serve the clients appropriately the employment agency/bureau would be responsible for making sure that the worker possesses the essential skills/expertise as well as have no criminal record or tendencies.
@syed Why don't you learn to work with your hands than tap on the keyboard. Practice what you preach. Disrespect for manual work is the disease of the subcontinent.