Of course, employers of domestic workers can and should be asked to compensate their workers for any disease, injury, fatality suffered by them in the course of or as a result of their employment. There is also no doubt that a law to that effect can be drafted and if in case of any dispute as to the responsibility of the employer of a domestic worker, if found responsible, pursuant to a judgement of a court or tribunal, the employer should be held liable to pay such compensation. However, many employers of domestic workers may lack the resources necessary to pay the compensation required to meet the needs of the workers. In such cases, the existence of legal provisions would not be sufficient to meet the needs of domestic workers.56 The direction that the Government should include domestic workers within the definition of workers in Labour Act, 2006 - it may respectfully be submitted that this is a bit too simplistic and an abrupt note on a quite complex question. This is so because upon reading the various provisions of the Act, it would appear that it has been passed by the legislature with a conscious design to differentiate between domestic works and industrial or factory works.57 Obviously, the HCD conceived that the inclusion of domestic workers would make them eligible for enjoying those benefits which are now only enjoyed by workers in the industrial sector but perhaps the same result can be achieved through other means.58 The Domestic Workers Protection and Welfare Policy, 2010, stipulates that union parishad, pourashava, and office of councillors of city corporations would be treated as registering authority relating to domestic workers.59 It demands that terms and conditions of work of all workers engaged in domestic work would be regulated by a written contract (in case of child workers aged between 14 to 18 years, the employer would enter 56 Solution to this problem has been mooted in the next section of this study report. 57 Ahmed, above note 48, at 17. 58 This issue has been explored in greater detail in the next section. 59 Draft Domestic Worker Policy, 2010, above note 5, at para 2.4. 16

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