Domestic Workers

The Ugly Face of Indian Households

INTRODUCTION
The term unorganized is often used in the Indian context to refer to the vast numbers of women
and men engaged in different forms of employment. These forms include home-based work
(e.g.rolling papads and beedis), self-employment (e.g., selling vegetables), employment in
household enterprises, small units, on land as agricultural workers, labour on construction sites,
domestic work, and many other forms of casual or temporary employment.
The unorganized sector is physically more visible in India. It is found in almost all the industrial
segments of the Indian economy, that is, in agriculture, industry, household and the services
sectors. But though it has been in existence in India for a long time in one form or the other, it is
only in the 1970s that it drew the attention of the policy-makers and researchers notably from the
point of view of opportunities for participation in and reaping the benefits of development. In
India, the formal sector which received significantly large resources has failed to provide
employment to the growing labour force, resulting in the problem of labour force explosion.
Under these circumstances the surplus labour force has been forced to generate its own means of
income and employment. This new class of petty- bourgeois is engaged in a variety of economic
activities. In all major aspects of employment including the terms and conditions of employment,
job security, earnings, perquisites, social security and retirement benefits, the unorganized labour
is found to be in a disadvantageous position.1
The present study is restricted to the domestic workers in households. A domestic workers is
defined as a person who is employed for remuneration whether in cash or kind, in any household
through any agency or directly, either on a temporary or permanent, part time or full time basis to
do the household work, but does not include any member of the family of an employer 2.
Domestic work is one of the main occupations of women worldwide. For many women it is one
of the very few options for paid employment. Most of the women come from the poorer sections
1 http://shodhganga.inflibnet.ac.in/bitstream/10603/30220/8/08_chapter%202.pdf
2 Draft National Policy on Domestic Workers

of society. Many are migrants from rural areas to towns/cities. There are many children engaged
in this work and are too vulnerable to abuse. Many are at risk of extreme abuse.
In India, the current scenario with regard to domestic workers paints an ugly picture especially
for Child Domestic workers. The scenario for Child Domestic workers in Mumbai is worst;
almost every household has a Child Domestic Worker.
It is almost impossible to calculate how many people in India are employed to work as domestic
help. According to a study, "Invisible Servitude: An in-depth study of domestic workers in the
world", by an organization called Social Alert, there are an estimated 20 million women, children
and men in domestic work in India. Of these, 92 per cent are women, girls and children, 20 per
cent are under 14 years of age and 25 per cent are between the ages of 15 to 20. In Mumbai
alone, this study (released in March 2000) estimated that there were six lakh domestic workers of
whom 80,000 were full-time.3
Despite there being various legislations, in reality hardly any protection is given to the domestic
workers. These workers are exploited and are paid low wages. The main reason being that they
are in need of the money and there is widespread inequality in India. A large portion of the Indian
population is still below the poverty line. They are uneducated and are forced to work in
households to make ends meet. In spite of rampant domestic abuse and poor conditions of work
the government has failed to improve the conditions of domestic workers.

3 http://wcd.nic.in/research/socioecowomdw.pdf

STATEMENT OF PROBLEM
Domestic workers are a part of the vast unorganized sector. Initially there were no regulations
under the labour laws. Now, although certain legislations have been enacted, majority of the
workers are exploited. The laws have not been implemented properly.

HYPOTHESIS
The employer fixes the wage of the domestic worker and the wage rate is not same throughout
the industry.
The domestic workers are engaged with various tasks including washing clothes, dusting and
cleaning, dish washing and cooking. The wage received by the worker is related to number of
these tasks undertaken as a part of employment.

RESEARCH QUESTIONS
1.
2.
3.
4.
5.

What are the laws prevalent in India related to domestic workers?

What is the applicability such laws in different states of India?
What is the degree of benefits derived by the domestic workers under such legislations?
What are the hurdles in implementing such legislations?
What is the condition of domestic workers in the light of various legislations?

REASERCH METHODOLOGY
This Project is prepared by applying non doctrinal or primary method of research; reliance has
been placed on the information collected through a survey conducted by way of questionnaire
and the legal framework regarding domestic workers available from reliable sources like
journals, Law Commission reports, Decisions of Supreme Court of India and other High Courts
in India, Legislations of the Parliament and state legislatures.

ISSUES AND CHALLENGES

The main issue at hand with regards to domestic workers is the non-implementation of the laws
enacted to protect them. There are a large number of domestic workers, both men and women,
who are not only under paid but also exploited.
Domestic workers are not normally considered as workers and their working conditions
remained unregulated. Their employment situation is considered not to fit the general
framework of existing employment laws. This is because most work done by them is generally
invisible, done in houses (not considered as workplaces) of private persons (not considered as
employers).
Domestic workers are employed for household chores like cooking, cleaning (dusting,
sweeping and mopping the house), washing (clothes and/or utensils), ironing marketing,
running errands, childcare, care of the aged or disabled, etc. They are employed on a temporary,
part time or full time basis. The terms of employment may be expressed or implied. According
to report of the National Commission on Self-Employed Women and Women in the Informal
Sector: Of all the services in India, domestic work is the most unrecognized and disorganized,
and often the most denigrating and humiliating. These workers do the most menial arduous
tasks, have impossibly long hours with no benefits of social security, security of employment,
wage raises, paid leave or medical facilities etc.
There is an overwhelming feminization of domestic work is well established and visible.
According to the Shramshakti report (1998), there are 16.8 lakh female domestic workers in the
country, as against 6.2 lakh male workers. Another challenge this sector faces today is that
domestic work, especially the child domestic work, is one of the most prominent and traditional
forms of exploitation of girls/women from the vulnerable, marginalized and weaker sections.
Invariably, all research points to the fact that child domestic workers are preferred, not only
because they cost less but also are more pliable.

LAWS PREVELANT IN INDIA

For a long period of time, groups like the National Domestic Workers Movement campaigned
for to bring about recognition to domestic work as a form of labour. The assiduousness and
diligence of their campaign resulted in some positive changes and certain states initiated
legislation.
In the year 1995, Maharashtra government appointed a high level committee to study and delve
into the issue of conditions of work and wages for unorganised workers. The committee as a
result of their study, made recommendations for domestic workers, which took the form of
Maharashtra Government Resolution in the year 2000. In June 1999, the Tamil Nadu
Government included Employment in Domestic Work in the schedule of the Tamil Nadu
Manual Labour Act 1982. On 22nd January 2007, Tamil Nadu constituted The Tamil Nadu
Domestic Workers Welfare Board. One of the most important steps came in the form of the
preliminary notification of Minimum Wage Act for Domestic Workers. It was passed in the year
2007.
According to the Child Labour (Prohibition & Regulation) Act 1986, Indian law bans
employment of a child below 14 years of age, in some occupations. By 10th October 2006 this
ban included the children employed in domestic work. Even the Central Civil Service Conduct
rules were amended by the central government so as to prohibit any civil servants/ government
official from employing child below the age of 14 as a worker. Further, in April 2004, the
Karnataka government approved the Minimum Wages Act for Domestic workers. Also, Kerala
government has encompassed Domestic Workers in the Schedule of employment. The final
notification for the Minimum Wage Act for Domestic Workers came through on 23rd May
2005. The government has introduced Domestic Workers as members to the Kerala Artisan and
Skilled Workers Welfare Fund, thereby allowing Domestic Workers to avail of Social Security
Schemes. The Andhra Pradesh Government on 10th December 2007, issued final notification
for fixing the Minimum Wages in the employment of Domestic Workers under Part-I of the
Schedule of the Minimum Wages Act, 1948. Preliminary notification for Minimum Wage Act
for Domestic Workers were passed in the following State governments: Rajasthan (4th July
2007) and Bihar (2006). The Unorganised Sector Workers Social Security Bill, 2007 has been
passed on 8th January 2008. This Bill also includes domestic workers in the unorganised sector

of workers. Domestic Workers have been guided to avail of several welfare and social security
options like life insurance, health/medical insurance, ration cards and pension plans.
Domestic Workers (Registration, Social Security and Welfare) Act, 2008 was introduced to
regulate payment and working conditions and check exploitation and trafficking of women and
other young household workers. Domestic workers are in the unorganized sector and
unorganized, hence there are practical difficulties to cover them. Though applicable to both
men and women, it assumes significance for women due to their presence in large numbers in
the occupation. (Act is subjected to State legislation and therefore the State governs its
implementation. District Board are required to be constituted by Central Government or State
Government, which will review and monitor proper implementation of Domestic Workers
(Registration Social Security and Welfare) Act, 2008 in each districts. Board will function for
the settlement of disputes through conciliation and procedure mentioned under the Act. In case
of any offences made domestic worker can approach District Board for its compliance.

QUESTIONNAIRE

1. What is your name?

2. How old are you?
3. Where are you from?
4. Where do you work?
5. How educated are you?
6. You work for how many hours in a day?
7. How much is your salary?
8. Do you feel you are paid enough? Yes or No?
9. Do you receive any bonus?
10. Are you paid overtime wages?
11. Are you the only earning member in your family?
12. Where do you spend the money which you earn?
13. Do you face any mistreatment at the workplace?
14. Are you given food at the workplace?
15. Are you a registered worker?
16. Are you aware of the laws which have been enacted for your betterment?

RESPONSES AND DISCUSSIONS WITH DOMESTIC WORKERS

Worker 1
Name: Leela Ben
Age: 35
Leela Ben, a widow living with her father in a small village on the outskirts of Gujarat is the
mother of a 14 year old son. She works as a full time paid in a flat in Ahmedabad and does the
entire domestic work of the 10 girls residing in the apartment. Leela Ben is paid INR 5000, no
bonus and feels that it is not enough. She is the only earning member in her family and has to
live away from her child so that she is able to educate him. Leela Ben eats the same food which
is provided to these 10 girls by the owner of the flat. Although she is treated well by the girls the
owner does not pay her salary on time nor is she paid overtime wages. He often delays her
payment and even refuses to pay for any extra work she may have done. Leela Ben is not happy
at her workplace and wishes to go back to her village.

Worker 2
Name: Kunti
Age: 35 years
Kunti, born in Ahmedabad itself, is married to a daily wage laborer. She has two children. A 17
year old son and 14 year old girl. Kunti works in a posh apartment in Prahladnagar. Kunti only
goes there to wash utensils for 7 people which only takes her around an hour and she is paid
INR 800 per month along with a yearly bonus in the form of cash. Kunti is satisfied with her
pay although she is not paid any overtime wage and saves most of what she earns as her
husband runs the house. Kunti is also happy with the work environment and says that her
employers are very good people.

Worker 3
Name: Shanti Amma

Age: 52 years
Amma, a very sweet old lady, hails from Rajkot and lost her husband at a young age. She works
in a bunglow in Bodakdev as a full time worker. Her work includes cleaning, washing, dusting,
cooking, serving to the guests, cleaning the washrooms. She is given a salary of INR 8000 per
month. She also receives bonus in the form of kind every Diwali and every New Year but no
overtime wages. On asking her as to any mistreatment at the workplace she said that she has
never faced any mistreatment, relating to sexual harassment or abuses. She resides with the
people where she works, she consumes the same food which she cooks for the 5 family
members. Amma originally belongs to Rajkot and after her husbands death, since there was a
big family including children and grand children, she migrated to Mumbai and then came to
Ahmedabad in search of work. She said that all her family members are working. Amma sends
the money which she earns to her children and saves some for herself.

Worker 4
Name: Amrita
Age: 40 years
Amrita, originally from Vadodara, works in two households on Judges Bunglow Road as a cook
and is paid INR 2000/ month at both the places. She works for around 4 hours at both the
places and has to go twice, once to make lunch and then in the evening to make dinner. Her
husband works as a driver and she has a son who also works in both these households.
Although Amrita is not the only earning member of the family, her husband spends everything
he earns on drinking and so Amrita needs to earn to make ends meet. Amrita is not happy that
her son has to work too but there is no other option because they are in dire need of money.
Amrita does not even receive any bonus nor any over time wages. Moreover, Amrita also has to
send a part of her salary to her ailing mother who has only two daughters, Amrita and her sister,
who have to take care of her. So, although Amritas mother lives with her sister it is Amritas
responsibility to send some money to her. Amrita likes her employers and also eats the food she
herself cooks. But she is not happy with the fact that they do not give her holidays. Her
employer at one place even cuts her salary for every day that she misses work.

Worker 5
Name: Jay
Age: 16 years
Jay, the son of Amrita and Mahesh, works in two households on Judges Bunglow Road. His
father is a driver and his mother works as a cook in the same houses. Jay works for around 6
hours a day and his job is to do the cleaning. He is given a salary of INR 1200/month. He says
that he has breakfast at one household and lunch at the other. Jay is also paid bonus in the form
of clothes and games every Diwali. He is also satisfied with the salary he is paid and is happy
with the employers but is upset that he cannot study because he has to work. Although he is not
the only earning member of the family it is often difficult to make ends meet because his father
spends everything he earns on liquor and sometimes even his mothers salary. Jay wishes he
could have studied so that there was a better future for him and his mother.
Worker 6
Name: Shanta Ben
Age: 45 years
Shanta Ben, a widow with 8 children of her own, is unsure of her age and says she must be 45
50 years old. Shantaben is from Ahmedabad itself and she lost her husband when her youngest
daughter was 5 and now works in 5 households as a domestic worker taking along her younger
daughter who is around 14 years of age to some of these places. Shanta ben does different
chores at various houses including dusting, cleaning, washing utensils and washing clothes and
works for about 7 hours a dy. She says the current rate is INR 600 per chore per month and that
is what she is paid. She also receives bonus in the form of cash twice a year. She is also paid
overtime wages as she has clearly told her employers that she has to be paid extra for any extra
work she undertakes. Shanta ben is not the only earning member as three of her sons also work
but they do not give her anything and so she has to work for herself and her younger children.
She also send two of her younger sons to school but believes that her daughter, Sargam, does
not need to go to school anymore. Her salary is spent to feed and fulfill the basic needs of
herself and her children. She has her lunch at one household she work at. She says that all her
employers are fine because she is a strong headed person and leaves if not treated well.
Worker 7
Name: Sargam

Age: 14 years
Sargam, a young, bright 14 year old has stopped going to school and accompanies her mothers,
Shanta ben to 3 households in Bodakdev, Ahmedabad and works as a domestic worker. Sargam
lost her father when she was 5 years old. Although she has studied till 7 th Standard she now
works with her mother and also helps in running their own house. They live in a slum area and
Sargam does not like it at all. In one of the households she works as a cook, helping the lady of
the house in the kitchen and is paid INR 1500 per month for the same. Sargam, like her mother,
receives bonus in the form of cash twice a year. She says she likes working in this house and
even has her lunch here itself. Even the job is that of her liking. But the other two houses where
she washes utensils and clothes she is paid INR 500 per chore and overtime for any extra work
done but she does not like the job she does. Sargam is satisfied with her salary. She gives her
entire salary to her mother who decides how it is to be put to use.
Worker 8
Name: Savita Ben
Age: 45 years
Savita Ben, hailing from a village near Junagadh, is a widow and a mother of two sons. She
stays in the bungalow of her former employer who has now moved to the US and looks after
that house and also works as a cook in 3 other households. She is paid INR 2000/ month at 2 of
these households and 1200/ month at one of the household as she only has to cook for one old
man there. She also receives bonus in cash every Diwali and New Year. Savita Ben is very
happy with her work and spends her salary as she wishes. Both her sons are educated and have
jobs and run the household well. In fact they ask her to stop working now but she does not like
sitting at home and thus works. Savita Ben is also happy with her employers. She says that she
spends around 2 hours at every household, twice a day. She does her job and leaves and faces
no interference from her employers. She eats at her own house and does not lik to eat at the
places where she works.
Worker 9
Name: Babu Bhai
Age: 28yrs
Babu Bhai, hailing from Kachchh, is the father of two twin girls, Rama and Radha works in the
Suryaketu Apartment, Bodakdev. He is working there for the last 10 years after the tragic death

of his father in a road accident. He faces problems both at home and at work place. He feels
that he is paid very less and thus cannot fulfill his wife and daughters needs. He wants to
educate his daughters but does not earn well enough to do so. Babu bhai does the entire work of
this household including cooking, washing clothes, washing utensils, dusting, etc. and is paid
INR 10,000/ month and is also given food. Being the sole bread earner of the family he is not
satisfied with his salary. He is given bonus on Diwali in the form of sweets and clothes but no
overtime wages. On being asked why he does not leave if he is underpaid he says that it is
difficult to find a house which would hire you to do the entire job and pay you a lumpsum
amount. Moreover he has been working for this family for over 10 years now. He says that they
are very nice people who have supported him in times of need and he has even taken various
loans from them.
Worker 10
Name: Sarla Ben
Age: 48 years
Sarla Ben is an old lady who cannot even stand properly. She is a widow and has a daughter
who is married and lives in a village called Bhimgadh. Sarla ben lives alone and has to earn for
herself. Thus, she works in two households. She does the dusting and washes utensils at both
these places which taker her aroud total of 5 hours and is paid INR 1000 per month at both
places which makes her total earning INR 2000. She also receives bonus twice a year in the
form of cash but no overtime wages. Her daughter also send her some money from time to
time. Although the money is not enough Sarla ben has no complaints from her employers
except that she is not paid her wages on time and has to wait for at least 7 days after the month
has began . She says she is paid the prevalent rate and is happy that her employers dont mind
her slow pace. She has her lunch at either of the households and sometimes they also give her
some extra food which she can have for dinner. Sarla Ben spends her salary to fulfill all her
basic needs including her medicines and it gets really hard at times.
Worker 11
Name: Ashok Bhai
Age: 40 years
Ashok, a father of two, works as a helper in a household located in Shagun Castle, Mansi
Circle. He is paid a salary of 1500 per month for doing odd chores like buying vegetables and
groceries and cleaning the cars amongst other things. Ashok Bhai is also paid a bonus in the

form of cash every Diwali but no overtime wages. Ashok Bhai says that he is not a registered
worker and she isnt even aware of any laws prevalent to protect their class.
Worker 12
Name: Payal
Age: 20 years
Payal is an unmarried 20 year old girl hailing from Junagadh and works in 5 household in B
Block of Suryaketu Apartment, Bodakdev. Payal lost her parents when she was a child and lives
with her grandfather. Payal has studied till the VIIIth standard but now works as a maid and is
paid INR 1000 per month per household. She is not paid any bonus nor overtime wages but is
satisfied with the salary and spend it as she wants to fulfill her needs. Payal says that she is not
a registered worker and she isnt even aware of any laws prevalent to protect their class.
Worker 13
Name: Raju Bhai
Age: 40 years
Raju Bhai is married but does not have any children. He works as a driver for a family working
around 10 hours a day. He is paid INR 3000 per month but feels that it is not enough to fulfill
the requirements of his family. He is not the sole earner as his wife also works as a cook in
some households. Raju is paid bonus in kind every Diwali and also as and when his employers
feel like but no overtime wages. Raju Bhai likes his employers but wishes their kids respected
him a little more and did not exploit him. Raju has his meals at the place where he works. He is
also registered as a worker in the nearby police station and says he knows that he can protest or
file a case if he is not paid his salary.
Worker 14
Name: Mangla Didi
Age: 25 years
Mangla Didi is a 25 year old who takes care of two small children ages 3 and 5 years in a
household on Judges bunglow road. Mangla stays with them 24 hours a day and is paid INR
4000 per month but no bonus nor any overtime wages. Mangla has both working parents who
work as farmers in a nearby village and she sends half of her salary to them and keep half for
herself. She feels that she should be paid more for the amount of work that she puts in but has
never been mistreated by her emloyers. Mangla is also a registered worker but is not aware of
any legal framework.

Worker 15
Name: Anwar Shah
Age: 30 years
Anwar is an unmarried man who works in 4 households and does various chores including
cleaning the floors and washing the utensils and clothes. He is paid INR 1500 to 2500
depending on the work done and is also paid bonus in cash twice a year but no overtime wages.
Anwar also works in an office at night for around 3 hours every day and earns another INR
3000 per month. Anwar is not a registered worker but he is educated as he has studied upto
class VII and is satisfied with his earnings. He lives alone and spends his money on himself.
FINDINGS
The survey data and discussions with domestic workers in selected clusters reveal ad-hoc and
complex wage payment patterns. Domestic work was seen as a form of casual labour, which
allowed a small yet steady stream of income into the family. For a few women interviewed, the
particular wage rates were unimportant as long as the payment was regular, secure and
undisputed.
Unlike general assumptions, wages were not solely based on the employers. Wage rates were
dependent upon varied factors. Each locality shared a common understanding of wages
expected for specific tasks taken up by domestic workers. The other cause for coordination
between workers in fixing and negotiating wage rates was the concentration of their places of
work in the same colony or apartment building.
Wage Dispute and Deduction
Only two out of the sample of the workers reported problems in receiving wages regularly.
However, Most of the population in the sample has reported disputes or deductions over the
wages at the time of payment due to reasons like leaves taken, illness, low standards of
performance etc. In most households, domestic workers work through the week, and do not get
Sunday or any day off.

Wage Dispute and Deduction

2
3

8
2

On account of
leaves taken

On account of low
standard of
performance

On account of
vacations taken by
empolyer

No Dispute

The above diagram shows that most of the workers face disputes and deduction in wages due to
the factors like number of leaves taken. According to section 22 of Domestic Workers
(Registration Social Security and Welfare) Act, 2008, a domestic worker living in the house is
entitled to annual leave with wages for at least 15 days during the year. Further, punishment for
violation of the above mentioned act is also provided in the act. The harsh reality of the Indian
household working environment is that the workers are not aware about the laws that are for
their benefit. None of the worker from the sample was aware about such a law. Due to no
knowledge of such acts the matters are never reported or brought before the competent
authority.
Bonus Received
Out of all the workers interviewed 11 of the workers receive a bonus and out of these 11
workers, 7 workers receive bonus in cash form. The data is represented in the following
diagram.

Bonus Received

No Bonus
Bonus in cash form
Bonus in kind

Overtime Wages
Many workers complained that they were too tired because of the extra work done on the
orders of employer. Only 13% of the workers received payment for extra work done.

Details
No. Of Workers
Payment given for the extra 2

Percentage
13.33%

work
Payment not given for the 13

86.67%

extra work
Total

100%

15

Due to the arbitrary nature of the working pattern and non-existence of a written contract
etching out time and duration or work and duties to be performed, many women work extra
time and take on extra tasks without knowing it or being paid in cash or kind.
Under the Domestic Workers (Registration, Social Security and Welfare) Act, 2008, any
domestic worker (male or female) registered under the Act who lives in the premises where
workplace is situated is entitled to daily rest period of at least 10 consecutive hours between
ending and recommencing work. Also the domestic workers living in the house are entitled to
annual leave with wages for at least 15 days. It is a pre requisite for a domestic worker to be

registered under the act to enjoy above-mentioned benefit but due to lack of awareness whey
are not able to enjoy these benefits.

CONCLUSION AND RECOMMENDATIONS

The lack of awareness amongst the domestic workers has resulted in exploitation of domestic
workers. Most of the domestic workers are unaware of their rights and benefits. Further there are
no minimum wages fixed by the government except in the states like Karnataka, Bihar,
Rajasthan and Kerala. Some of the domestic workers have no other option than to work with a
very low wage. These problems are then coupled with no social security schemes for such
workers. The workplace of domestic workers is within the four walls of the employers house
and as a result of which it is very difficult to prove exploitation of the workers. Some of the
workers in different parts of the country have also faced sexual exploitation by the employer.
In the wake of present situation, with a number of problems prevalent as far as brutality towards
domestic workers is concerned, it has become necessary to find a solution to all of it.
The recent Domestic Workers Act, 2008 has been a welcome respite with its liberal provisions.
However the fact remains that India is a hugely populous country with most of them looking for
employment, whatsoever. To encompass all of them within the ambit of this Act would, certainly,
be difficult. Yet another uphill task would be to reach out to the masses and make them aware of
these provisions waiting for them, to be used for their welfare.
Administering laws from the center to regulate activities of homes in metropolitans, small towns
and cities is improbable. An alternative to this could be the formation of local associations,
probably initiated by the societies where the workers work or the association could also be
governed by the respective ward offices of the locality. This could bring about more credibility to
the idea of the presence of an organization formed by the workers themselves for their own
welfare.