Major Points of Difference between Old and New Policy for Domestic Workers

OLD POLICY
NEW POLICY
Normal
hours
of
work,
including Not incorporated in the
compensation for overtime, and suitable daily New Policy
and weekly rest periods, Paid annual leave and
sick leave;
The Trade Union Act,1926; The Maternity
Benefit Act,1961; The Contract Labour
Act,1970
Promoting the rights of domestic workers to
organize, form their own associations or join
an organisation of their choosing;

Not incorporated in the

New Policy
Not incorporated in the
New Policy

The Central Government in collaboration with Not incorporated in the

workers organizations and organizations of New Policy
domestic workers shall identify and eliminate
any legislative or administrative restrictions or
other obstacles to the right of domestic
workers to establish their own organizations or
to join the workers organizations of their own
choosing and to the right of organizations of
domestic
workers
to
join
workers
organizations, federations and confederations.
The schemes and benefits as are available or Not incorporated in the
will be available to other categories of workers New Policy
would be available to domestic workers
The Features of the New Policy

1. The Old National Policy was amended to focus on welfare ,social

security, and safety measures, leaving the scope for right to organize and
collective bargaining ,etc to be taken up at a later stage.
2. New Policy Proposal focuses on measures to ensure that domestic
workers are protected from exploitation, sexual abuse and from any form of
discrimination at workplace. Besides, the policy provides for social security
benefits to them.
3. The Policy will promote domestic workers rights by bringing them within
the purview of labour laws like:

The workmens Compensation Act 1923,

The Payment of Wages Act 1936,
The Minimum Wages Act 1948,
The Equal Remuneration Act 1976,
The Inter-State Migrant Workmen (Regulation of Employment &
Conditions of Service) Act 1976.

4. The Consultations were held with the Central Ministries/Departments

and State Governments/UTs through circulation. The comments and
views received from 12 Central Ministries/Departments and 9 State
Governments/UTs and responses corresponding thereto are enclosed at
Annexe-I.
5. Fundamental principles of Right to life and livelihood (Article 21 of the
Indian Constitution) apply to all women and men engaged in economic
activities. This equally applies to domestic workers. Fundamental right
to equality (Article 14) also applies to domestic workers in the sense
that policy places an obligation on Central and state Governments to put
in place effective measures to ensure that they are able to exercise their
labour rights.
6. Rastriya Swasth Bima Yojana (RSBY), a cashless, smart card system of
health insurance cover of rs 30,000 per year per family of size five has
been extended to domestic workers since as part of
implementation of Unorganised Workers Social Security Act . Domestic

workers have been covered in the states of Chhattisgarh, Jharkhand,

Haryana, Kerala and Uttrakhand. The efforts are on to register domestic
workers in other states implementing RSBY.
7.

Annexe-I
COMMENTS OF THE STATE GOVERNMENTS/UTS AND RESPONSEOF
MINISTRY OF LABOUR & EMPLOYMENT THEREON.
1.
2.
3.
4.

5.
6.

7.

Government
of
Mizoram
Government
of
Odisha
Union Territory of
Lakshadweep
Andaman
and
Nicobar
Administration,
office of Labour
Commissioner,
Port Blair
Government
of
Sikkim
Government
of
Chhattisgarh

Government
Puducherry

of

Supports the proposed National Noted

Policy for Domestic Workers.
Supports the proposed National Noted
Policy for Domestic Workers.
No Comments.
Noted
Supports the proposed National Noted
Policy for Domestic Workers.

Supports the proposed National

Policy for Domestic Workers.
i)
Determination
of
minimum wage should be
considered.

Noted
The Minimum wages for
the domestic workers will
be covered under the
Minimum Wages Act, 1948.

ii)

In order to ensure proper

working of the policy, the
working
hours
and
minimum wages for the
domestic workers should
also be fixed.

iii)

Appointment of Domestic
worker
through
the
placement agency would
be apt from legal point of
view as well as prove
beneficial. It will ensure
protection to the workers
who are recruited to work.
This would also enable
them to avail benefits
under ESIC and PF
schemes.

i).

Supports the proposed Noted

National
Policy
for
Domestic Workers.

ii).

8.

Uttar Pradesh

9.

Government
NCT of Delhi

For any implementation of Policy does not contain any

of
Central
the Scheme/policy, the scheme
assistance.
funds are required. The
Central Government may
provide 75% of central
assistance considering the
financial status of the
Union territories, for the
successful implementation
of the policy.

Supports the proposed National

Policy for Domestic Workers.
of
i).
The minimum wage need
not be the same as is being
given to the workers in the
industrial/
commercial
sector.
ii).

The Rashtriya Swasthya

Bima Yojana now covers
domestic workers and
therefore, no separate
registration should be
required.

iii).

While conceptualising the

legislative framework for
domestic worker any
comparison
with
the
existing legislation of
industrial worker would
only create problems
instead of resolving them.
Consequently,
the
proposal in para 1.5 to
make suitable amendment
in
existing
labour
legislations and bring the
domestic worker in their
ambit is likely to create
more complications then

Noted
This will be considered
while preparing suitable
guidelines by the National
Level
Implementation
Committee (NLIC).

to solve them.
iv).

The
existing
labour
legislation
cannot
be
extended worker as their
context is totally different
the responsibility of the
employers of an industrial/
commercial
enterprise
cannot be compared with
the responsibility of a
domestic employer.

COMMENTS OF THE CONCERNED MINISTRIES/DEPARTMENTS AND

RESPONSE OF THE MINISTRY OF LABOUR & EMPLOYMENT THEREON
Sl.No
1
2.

Name of the
Ministry/
Department
Railways
Unique
Identification
Authority
of
India (UIDAI)

3.

Ministry
of
Urban
Development

4.

Ministry
of
Housing
and
Urban Poverty
Alleviation

Comments/View offered
No Comments
It is recommended that as part of
registration of Domestic Workers
Aadhar number are also
collected so that the registered
workers are able to access their
entitlement conveniently and
their identification also become
easy.
They have recommended for the
inclusion of the State Urban
Development Department in the
State
Level
Tripartite
Mechanism.
i)
A
Convergence
strategy may be spelt
out with schemes
meant
for
Skill
Development of other
Ministries in the draft
National Policy for
Domestic Worker so
that the benefits of
these
schemes/programmes
may reach to domestic

Response of the Ministry

of
Labour
&
Employment thereon
Noted
While preparing
the
guidelines this issue will be
considered by National
Level
Implementation
Committee (NLIC).

While preparing
the
guidelines this issue will be
considered by NLIC.
Suggestion
will
be
considered by NLIC while
preparing the guidelines.

ii)

iii)

5.

Planning
Commission

i)

workers also.
Domestic
Workers
may be facilitated to
form
self-help
groups/federations so
that they are provided
benefits under Urban
Poverty
Alleviation
programs such as
NULM, etc.
National Policy for
Domestic
Workers
may emphasis on
facilitation
for
financial inclusion of
the Domestic Workers
and also for providing
for other financial
services to domestic
workers
The Trade Union Act,
1926,
the
Maternity
Benefit Act, 1961 and the
Contract
labour
(Regulation
and
Abolition) Act, 1970 are
proposed to be excluded
from the formulation of
the National Policy for
Domestic Workers. As a
result, the right of
domestic workers under
the revised policy will not
include (i) right to
collective bargaining, (ii)
right to normal hours of
work
including
compensation
for
overtime and suitable
daily
and
weekly
including compensation
for overtime and suitable
daily and weekly rest
periods, (iii) paid annual
leave and sick leave (iv)
maternity benefit. By
excluding these rights, the
bill
becomes
less

Strengthening
of
provisions in regard to
rights of domestic workers
could be considered at a
later stage.

Detailed mechanism for

implementation of the
Policy will be worked out

ii)

6.

7.

effective.
once
the
The
mechanism
for approved.
implementation of the
policy at the ground level
is not clear. The details of
the State and District level
machinery that is required
for
registration
of
domestic
workers,
facilitating regulation of
work,
collection
of
contribution for social
protection,
providing
suitable
access
to
grievance redressal, etc. is
not elucidated in the Note.
Moreover, no financial
implications are worked
out for implementing the
policy as was done in the
earlier note.

Department of Domestic workers are getting

Financial
covered for life-cum-disability
Services,
insurance under Aam Admi Bima
Ministry
of Yojana being administered by
Finance
Department
of
Financial
Services.
Ministry
of
i)
In the case of live in
Rural
workers,
access
to
Development
housing and food and
provision for leisure/free
time and holidays also
may be seen as part of the
right to fair employment.
ii)
The
Implementation
Committee proposed in
the draft policy document
may be expanded to
include
representation
from NRLM. NRLM
CBOs would be engaging
with issues of safe
migration,
including
information
dissemination,
tracking
and facilitation for skill
development.

Policy

is

Noted

The suggestions will be

considered by NLIC while
preparing the guidelines.

iii)

iv)

v)

vi)

vii)

viii)

The
scope
for
convergence with the
Anti-Human Trafficking
institutional mechanisms
that have been set up in
all states may also be
explored.
S 3.1 clarifies that the
definition of domestic
worker does not include
any member of the family
of the employer, whether
the Census definition of
family is taken may be
further clarified. It may
also specify that person
does not include child.
In the case of the live-in
worker,
whether
the
provisions of the Policy
would extend to member
(including minors) of the
family of the live in
worker may also be
clarified.
The Right to fair terms of
employment (s 4.3) may
cover the duration of
work as well.
The right to information
(s 4.4) for overseas
workers may be extended
to
migrant
domestic
worker within the country
as well, and provision for
information centers that
could counsel on right and
duties of the worker and
the obligations of the
placement agencies and
employers
be
incorporated.
S 5.6 may be extended to
cover PRIs as well, and to
include
Project
implementation agencies
(training
service
providers) under Skill

8.

Department of
Expenditure,
Ministry
of
Finance

i)

ii)

iii)

iv)

Development
as
instruments generation.
This is essentially a State
subject and the need for
national legislation is not
clear. Besides, there is
likely to be opposition
from State to a national
legislation.
The policy may be reexamined so that the
proposal is accordance
with
the
existing
legislation.
They have apprehended
about the difficulty of
identifying
domestic
workers due to their high
mobility, impermanence
and amorphous nature of
work, as also the fact that
one domestic worker
could be time sharing
between a number of
households as well as
jobs, and also that
different
domestic
workers may be having
different level of skills.
The need to have a
separate implementation
mechanism specifically
for domestic worker in
the form of National
Level
Implementation
Committee (NLIC) for
undertaking
similar
functions is not supported.
The National Board,
established under the
Unorganised
Workers
Social Security Act of
2008, could be entrusted
to perform the function of
the
proposed
NLIC.
Further,
the

Employment,
Social
security etc.are covered in
Entry No. 23-24 of the
concurrent
list.
The
proposal is for National
Policy
for
Domestic
Workers
and
not
legislation.
No specific point raised
about conflict with existing
legislations.

Detailed guidelines will be

issued by NLIC.

The
implementation
mechanism is a tripartite
structure under existing
financial
arrangements,
Therefore, no additional
expenditure is required for
implementation of the
policy.

9.

10.

11.

implementation
machinery notified under
the Unorganized Worker
Social Security Act 2008
may be serviced by/from
within
the
existing
manpower available with
the Ministry or its
attached/subordinate
offices.
v)
RSBY cannot be extended
to new categories without
suitable evaluation.
Ministry
of No Comments
Social Justice
and
Empowerment
Ministry
of Supports the proposed National
Women
and Policy for Domestic Workers.
Child
Development.
Ministry
of
i)
The proposed policy
Tribal Affairs
should
look at the
protection of males as
well as female domestic
workers.
ii)
The Policy should have an
appropriate chapter on
Applicability
to
Scheduled Tribes and
Scheduled Areas under
Fifth and Sixth Schedule
for highlighting focus on
Scheduled Tribes and
Scheduled/Tribes areas to
achieve the goal of
inclusiveness. The policy
ought to include the
welfare and health care
measure for the domestic
workers by including then
under schemes of the
Government. The policy
ought
to
encompass
safeguarding rights of ST
domestic
workers
particularly women.
iii)
The SC/ST Prevention of

The Cabinet has already

approved extension of
RSBY
to Domestic
workers.

Noted

Noted

Suitable Guidelines will

be prepared by the
National
Level
Implementation Committee
(NLIC) after considering
these suggestions.

iv)

v)

vi)

vii)

viii)

ix)

Atrocities Act may also be

included along-side other
legislations suggested in
the policy.
Infrastructural facilities
for migrating population
like working hostels in
cities.
Domestic workers of the
ST
communities
are
extremely vulnerable in
the unfamiliar urban
setting to which they
migrate for work. Hence,
to
address
the
vulnerabilities, the policy
may include provisions to
address these issues at
their place of origin.
In Schedule V and North
Eastern Region the State
Tribal
Welfare
Department must be a
apart
of
proposed
tripartite mechanism at
the State level, to take
care that ST specific
issues are considered.
The registration, proposed
in the policy should
ideally be undertaken at
the place of origin and
then be accessible at all
registration
officers
throughout for updation.
The database in all
cities/States must be
compatible with each
other so that migrant
workers interests are
protected and they do not
have to go in for reregistration at various
places of employment.
States with heavy outflow
of people for domestic
work must involve PRIs
and Gram Sabhas in

12.

information dissemination
in relevant laws and
practice codes in local
language.
x)
To facilitates migrant ST
workers portability of
identity documents such
as Ration Cards, Voters
Cards, Aadhar etc. could
also be looked into.
Ministry
of Suitable mechanism to collect
Statistics and requisite data/information on
Programme
various aspects of Domestic
Implementation Workers inter-alia, including their
number
(Urban/Rural;
Male/Female) at National and
State level, Registered Domestic
Workers, their age, number of
hours they work, their wages,
coverage under social security
/welfare measures etc. may be
emphasized. Ministry of Statistics
& Programme Implementation
can
provide
all
technical
assistance/support in this regard.

This will be considered

while preparing suitable
guidelines by the National
Level
Implementation
Committee (NLIC).