State norms for employing domestic servants

Absence of a comprehensive back-up legislation has, however, cast a shadow of doubt over the move. Flagbearers for workers’ rights feel that unless the code of conduct is backed up by a legislation and the employers are held answerable, this step by the government would be futile.

As expected, the response to the code of conduct has remained markedly feeble, Dr Rupa Kulkarni, eminent social worker and patron of Vidarbha Molkarin Sanghatana told The Indian Express.

The code of conduct, issued by State Labour Ministry on January 30 this year and recirculated recently, proclaims that the house workers should be allowed a weekly off or monetary compensation equivalent to one day’s salary if off is not possible. It further calls for payment of annual bonus equivalent to one month’s salary before Diwali, annual pay hike and medical benefits in form of a fixed amount. For the full-time house workers coming from outside the place of employers’ residence, the code of conduct speaks of 15 days of annual paid leave accompanied by partial travel allowance so that the workers could visit their home town.

State Government has recommended that the code of conduct might be implemented on regional basis at Mumbai, Thane, Pune and Nagpur. House workers who do no get these benefits have been asked to contact the respective additional labour commissioners for redressal.

This step by the government has been hailed by the concerned organisations. They are however highly skeptic about its utility in the absence of any regulations. There is also a feeling that the organisations, which have been working for the rights of workers have been sidelined in the complete process. Dr Kulkarni said that asking the house workers – who are mostly illiterate – to directly approach the Labour Commissioner’s office for grievance redressal is expecting too much from them. “Social organisations should have been asked to mediate in the matter, so that the workers’ case could be put up properly,” she said.

She also mentioned that in absence of any binding, it is very natural that only a few employers would take the code of conduct seriously. “We need a legislation so that we could force our demands,” she said. She informed that the draft Bill has already been put up in State Assembly, but has not yet come up for discussion. Kulkarni was instrumental in drafting the proposed Bill.

Speaking about the important issues concerning the house workers, Dr Kulkarni said that the main demand is that the government should immediately start monthly pension of Rs 300 for the workers – mainly maid servants – above age of 60 years. Also a special contributory provident fund scheme should be started for these workers, where the respective employers and government should pay equal contribution as the annual saving of the worker. To implement such actions, a house workers’ board on the line of Hamaal-Mathadi Board should be set up, she said.

She mentioned that the Vidarbha Molkarin Sanghatana has already started registering the house workers and identity cards are being issued to them. Once they are registered, it would be easier to seek benefit for them, Kulkarni added. The house workers have been agitating since several years under the leadership of Kulkarni to get their demands fulfilled. They also plan to take a rally to the State Assembly during the oncoming monsoon session in Mumbai.

The code of conduct

* The house workers should be allowed a weekly off or monetary compensation equivalent to one day’s salary if off is not possible

* Payment of annual bonus equivalent to one month’s salary before Diwali, annual pay hike and medical benefits in form of a fixed amount.