Review Article on Socio-Economic and Working Conditions of Domestic Workers in

India

A Review Paper
Geeta
Registration No.: 12021139
Roll No.: RFP211A68
Section No. FP211
Research Scholar, Lovely Professional University, Punjab
E-mail: geeta74812@gmail.com

Abstract

This is a review paper, based on secondary sources; domestic workers are an important segment of the

service sector of the Indian economy and have a multiplier impact on the economy, however, they are not

provided basic social and economic security by the government. Until recant it was not even considered as

the “real work” which lead to the exploitation of workers in terms of low wages, extremely long work

hours, no defined work task, no job security, child labour, etc. It was only in 2010 that International Labour

Organization (ILO) included the term “Decent Work” for domestic workers which helped in realizing

basic rights to some extent but there is still a long way to go to protect and provide appropriate rights and

livelihood of domestic workers.

Keywords: Domestic workers, child labour, exploitation

Introduction

According to International Labour Organization (ILO), one in every 25 women working in the world is a

domestic worker. As per the NSSO 68th round (2011-12) states the numbers of domestic workers

employed in India is 4.75 million, (of which 3 million are women) but this is considered a severe

underestimation and the true number to be more between 20 million to 80 million workers. All around the

world, domestic workers are particularly vulnerable to human rights abuses in their working conditions.
They often work for excessively long hours, with little to no pay, and with almost no access to social

protection and no guaranty of work one of the reasons being no clear definition of what should be

considered as ‘domestic work’ which lead to another problem of measuring wages of such workers.

Some Key principles which define domestic work are as follows:

 Types of task performed: Baby sitter/Personal Secretaries/Maids/Gate Keepers/Domestic

Servant/Driver/House Keepers/Child Care Workers/Other Domestic Servants

 Place of Work: Mostly service and labour provided within a private residence or home is called

Domestic work.

According to International Labour Organization (ILO) Convention 189, Domestic work is defined as “the

work performed in or for a household or households”. The ILO undertakes different steps to promote

equality of opportunity and treatment, protect the rights of domestic workers, and improve their working

and living conditions.

Socio-Economic and Working conditions of Domestic Workers

There have been many studies exploring the socio-economic and working conditions of the domestic

workers some of them are as followed:

 Sharyan Bhattacharya et al. (2009) this study emphasizes the need for providing minimum social

security and legal protection for domestic workers. Several issues like child labour, the gendered

notion of work, migration and regulation of intermediaries, fixation of the wage rate for domestic

workers, etc were raised by this paper. But the foremost concern is to define the word ‘Domestic

Workers’ clearly i.e. who should be considered as domestic workers according to the task performed

by them or place of work or the nature of employer or remuneration. Concerns were also raised on

whether a worker has a work contract or not and how it affects their negotiation power. Due to the oral

and informal nature of contract wages and working conditions of the domestic workers is poor hence

the study concluded that there is a need for a model contract that prescribe minimum floor legislation
 which can help workers in bargaining for better labour outcomes. The study also provided various

mechanisms to calculate minimum wage e.g. time rated wage calculation or need-based formula etc.

 Ekta Rani et al. (2017), this study aim at analyzing the socio-economic condition of domestic workers

and problem faced by them at the workplace and home and how domestic work is considered as work

for women and gendered notion in realizing their rights. Some of the main results of the study were

that as compared to women men from rural and urban region are better aware of their rights. Men who

are in the profession of helper, gardeners and other such professions are less exploited as they are

aware of their rights. The prime reason given for men being more aware than most women about their

rights is not education but the circulation of various information among their circle.

 Prakash Yadao Khillare et al. (2016), this study tries to explore how women domestic workers

balance their work and life and how this affects them and their family. Some of the main conclusion of

the study was that as they come under the unorganized sector there is no fixed wage facility hence they

have to work for low wages for long hours hence they don’t have much time to spend with their family

and affect their relations.

 Fabian Andrew James et al. (2019), this study tries to studies the problems faced by women

domestic workers in Tamil Nadu. In term of educational qualification of the respondents, 50% of the

respondents were either illiterate or had only functional knowledge. The basic problem of such

workers is that there is no security to their work as they could be removed from their work as their

employer desire due to oral or informal contract. They usually have to provide a substitute for

themselves if they are unable to go to work due to health or family problem and if they don’t there are

chances of them being fired.

 Samita Sen et al. (2012), this paper focuses on the negotiation of gender roles, ideologies and child

marriage and child labour and how it influences their education. This also suggests there is a pattern

where one thing leads to other.

  Kiran Moghe 2013), this study tries to examine the origin of domestic workers in the Pune city and

also take into consideration the migration factor. This study also highlights the fact that how the

recession and drought-like situation force people to migrate and which likely increase the supply of

casual labour and some of which is bound to enter into domestic work.

To conclude the domestic workers face many issues low wage rate, job insecurity, exploitation by

employer or placement agencies, extremely long working hours, child labour, no provisions for leave or

maternity leave and even gender-based discrimination, etc.

Historical Legal Struggle by domestic workers and the Present Situation

Domestic workers had to struggle a lot historically to be at a little better situation at present , there
struggles could be traced from the following studies:

 Nicola Cunninham Armacost et al. (1994), this study focuses on the legal status of domestic workers

from 1950 to 1990 in India and it also highlights the difficult working conditions, low wages and long

working hours for domestic workers during this period. Although there has not been much

improvement in their conditions till now there have been made many efforts by domestic workers by

forming trade unions and doing hunger strikes which resulted in two Private Members’ Bill, one in

Lok Sabha and one in the Rajya Sabha in 1959 but unfortunately, they were later withdrawn. However,

it led to the establishment of the servant’s registry.

 Sujata Gothaskar (2013), this study highlight the multiple hierarchies that domestic workers

encounter and also various problems faced by them. It also explores various NGOs, trade unions and

church-affiliated organist ions that have made protective measures and help in organizing domestic

workers to gain labour rights. It also focuses on the migration of domestic workers and how they have

to face different problems due to language difference, housing facility, social security, etc. The study

also states how in Maharashtra (1994), several NGOs and Trade Unions came together to campaign in
 response to which Labour Minister of the state of Maharashtra appointed a committee to access the

conditions of domestic workers but unfortunately it did not yield anything substantial. However in

1998, following a government report on domestic workers in 2000, for employers a code of conduct

was issued by the Government of Maharashtra.

 Eileen Boris et al (2014), On June 16, 2011, domestic workers worldwide acknowledged the status of

rights to decent work. Convention 189, a treaty-like document was approved by The International

Labor Organization (ILO) that extends labor protections around working hours, wages and working

conditions to domestic workers and states can make rectification if required. South African Myrtle

Witbooi, chair of the International Domestic Workers Network, defined the meaning of the event thus:

“Our dream became a reality, and we are free — slaves no more, but workers.”

 Eileen Boris et al (2014), this study shows how with cooperative efforts and networking of unions

globally and on October 28, 2013, they launched the International Domestic Worker Federation

(IDWF). In early 2014, the IDWF engaged in various complaints solitarily against the mistreatment of

migrant domestic workers in New York City and Hong Kong.

 Nimushakavi Vasanthi (2011), this study focuses on national domestic workers movement finding

which was conducted between February 2010 and February 2011 and tries to explore ways of reducing

the gap between law and practice. This study also states the instance the amendment of the Child

Labour Act which termed domestic work as hazardous work for children below 14 years which helped

in recognizing domestic work as “work”. Later it was followed by minimum wages in various state

amendments.

 Nalini Nayak (2013), this study highlights the characteristics of the unorganized sector workers and

draws the experience on two particular sectors i.e. self-employed women and fish workers. The study

mentions that one of the features that characterize the developing world is that a large section of

workers and production remain in the unorganized sector. This study detailed the evolution of Self –

employed women’s Association (SEWA) and how it was finally recognized as a central trade union in
 2009.SEWA assists its members in terms of health care, child care, home and sanitation, health

insurance, etc. issues.

To conclude domestic workers have been fighting and struggling for their rights for a very long time all

over the world, in India it is only recently that they have been able to be recognized as real work and there

is still a very long way to go be at par with other workers.

Inference and Conclusions

In-depth research is carried concerning the socio-economic and working condition of domestic workers and

the struggle of domestic workers to be recognized and their work to be considered as real work or decent

work. It reveals that domestic workers are in venerable state all over the world. There is a long way to go

as there exist many inbuilt problems such as child labour, as till resent domestic work was not considered

as ‘real work’ and there was no law to protect such workers and children were the most vulnerable of them

all. Poverty is considered the main reason for taking on domestic work for children.

Another problem being the gendered notion of work, as such work is considered as a feminized sphere of

work. According to the analysis of NSS (National Service Scheme), 2004-05 data around 74.3% of workers

engaged in private households are women. Gender discrimination is evident within the domestic workers as

male domestic workers such as security guard; gardener or driver etc. earns more than the female domestic

workers.

Another problem is the low wages of domestic workers as there is no provision for the national minimum

wage rate for domestic workers and mostly there is an informal or casual contract between the employer

and workers which leads to the exploitation of workers. There is also the problem of payment whether in-

kind or monetary terms which make it difficult to measure the wages of workers. There is also a problem

due to migration which may lead exploitation of domestic workers by intermediates or placement agencies.

With the collective efforts of various trade union all over the world, there seems to be a glimmer of hope in

improving their condition social as well as economically. In India, the Unorganized Workers Social
Security Act 2008 has been enacted for providing social security to all unorganized workers including

domestic workers. The Act provides health and maternity benefits, formulation of social security schemes

to life and disability cover and old age protection.

The State Government is mandated under the Unorganized Workers Social Security Act 2008 to formulate

suitable welfare schemes for the unorganized workers. Whereas the State Government of Andhra Pradesh,

Jharkhand, Karnataka, Rajasthan, Haryana, Punjab, Tamil Nadu, etc. have included Domestic workers in

the schedule of minimum wages Act. The government has not enacted any separate law to protect the

interest of domestic workers, whereas The Ministry of Labour and Employment is considering formulating

a National Policy on Domestic Workers which is in the draft stage.

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