Karnataka is poised to introduce a transformative law aimed at regulating domestic work, making written agreements between employers and domestic workers mandatory. This move is expected to bring much-needed structure and protection to a vital, yet often overlooked, workforce.
The draft ‘Domestic Workers (Social Security and Welfare) Bill’ seeks to establish a clear framework, prohibiting any household or agency from hiring domestic help without a formal, written contract. This groundbreaking legislation will define clear guidelines for wages, working hours, and leave, initially focusing on metropolitan regions.
Penalties for Non-Compliance
Under the proposed law, employers or service providers who fail to register, neglect to renew registrations, pay below minimum wage, or violate other stipulated provisions could face severe penalties. These include imprisonment for up to six months and fines ranging from ₹20,000 to ₹50,000.
The draft Bill outlines comprehensive entitlements for domestic workers, ensuring their right to fair wages, reasonable work hours, adequate rest periods, and paid leave. It also includes vital provisions for maternity and paternity benefits, protection against forced labor, access to social security schemes, effective grievance redressal mechanisms, and opportunities for skill development.
To ensure these rights are upheld, the law mandates compulsory registration for all domestic workers, their employers, and any agencies facilitating their employment. Workers are required to register as beneficiaries via a digital portal. For illiterate or migrant workers, employers or agencies will facilitate their registration.
Registration certificates will be valid for three years and must be renewed thereafter. Workers must inform authorities within 30 days of any changes in their employment, employer, or location. Crucially, employers and agencies must register before hiring workers; failure to register is explicitly prohibited under this draft Bill.
Standardized Work Hours and Welfare Board
The Bill stipulates that the government, in collaboration with the Karnataka State Domestic Workers Social Security and Welfare Board, will oversee and regulate working conditions. A maximum of 48 working hours per week is proposed, along with a mandatory full day off or two staggered half-days. Minimum wages will be regularly reviewed and adjusted, explicitly forbidding discrimination based on gender or age. The board is also tasked with creating compensation programs for work-related injuries, managing social security benefits, and implementing welfare initiatives for workers and their families.
A tripartite State Board, comprising representatives from the government, domestic workers, trade unions, employers, service providers, and resident welfare associations, will be established to oversee the law’s implementation.
This board will manage a dedicated welfare fund, develop new schemes, monitor adherence to regulations, guarantee workplace safety, offer training opportunities, and investigate grievances. Furthermore, it will possess powers akin to civil courts, enabling it to conduct premises inspections, request documentation, and rescue exploited or child domestic workers.
At the district level, inspectors will be appointed to supervise and enforce the law, maintain a digital registry of all registrations, and ensure full compliance across the state, as detailed in the draft.
A critical component of the Bill is the establishment of a Domestic Workers Social Security and Welfare Fund. This fund will be sustained through various sources, including registration fees, welfare contributions of up to 5% from workers’ wages, municipal property tax levies, imposed fines, and government grants.
The fund aims to provide essential support, such as accident compensation, health coverage, maternity and paternity benefits, coverage for medical expenses, educational assistance for workers’ children, funeral support, and pensions for retired or disabled domestic workers. Additionally, municipal corporations will contribute a 1% property tax welfare fee for workers employed within their building premises to this vital fund.
To address disputes, a robust grievance redressal mechanism will be put in place at the district level. These committees will mediate conflicts concerning employment terms, working conditions, or wage disparities, fostering harmonious relationships between employers, workers, and service providers. Importantly, cases of sexual harassment will be managed under existing, separate laws. Victims of forced labor, exploitation, discrimination, or abuse will be guaranteed immediate emergency aid, ongoing medium-term support, legal assistance, and comprehensive rehabilitation services.
A Triumph After Decades of Advocacy
Dr. G. Manjunath, Additional Labour Commissioner, emphasized the significance of this initiative, stating, “This preliminary draft is currently undergoing discussions with various stakeholders. Once Cabinet approval is secured, the Labour Minister will champion its progression. This Bill is fundamentally rights-based, a culmination of three decades of unwavering struggle by informal workers, and Karnataka is now committed to bringing it to fruition.”