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.
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