Karnataka proposes law to fix minimum wage, work hours for domestic workers

The State government is expected to soon regulate domestic work through a new law that will make written agreements compulsory between employers and domestic workers, sources told The Hindu.

The proposed Bill, a preliminary draft of which is now under consideration, aims to ensure that no household or agency can hire a domestic worker without a written contract. The proposed law will include rules on wages, work hours and leave entitlements. It is expected to apply primarily to metropolitan areas.

Penal provisions

Employers or service providers failing to register or renew registration, paying less than minimum wages, or violating other provisions can face imprisonment of up to six months and fines from ₹20,000 to ₹50,000, the draft Bill says.

As per the draft Bill reviewed by The Hindu, every worker is entitled to fair wages, reasonable working hours, rest periods, paid leave, maternity and paternity benefits, and protection from forced or compulsory labour. They are also eligible for social security schemes, grievance redressal, and skill development programmes.

To enforce these rights, the proposed law would make registration mandatory for domestic workers, employers, and service providers. Workers must register as beneficiaries through a digital portal, with illiterate or migrant workers to be registered by employers or agencies on behalf of the workers.

Registration certificates are valid for three years and must be renewed. Workers must notify authorities within 30 days of any change in employment, employer, or location. Employers and agencies must register before hiring workers, and non-registration is prohibited, the draft of the Domestic Workers (Social Security and Welfare) Bill, says.

48 hours per week

As per the draft Bill, the government will regulate working conditions in consultation with the Karnataka State Domestic Workers Social Security and Welfare Board. Working hours are expected to be capped at 48 hours per week, with one full day off or staggered half-days twice a week. Minimum wages will be set and revised periodically, ensuring no discrimination by gender or age. The board will also establish compensation schemes for workplace injuries, social security benefits, and welfare measures for workers and their families. 

A tripartite State Board will oversee the implementation of the proposed law. It will consist of representatives from the government, domestic workers, trade unions, employers, service providers, and resident welfare associations.

The board will administer the welfare fund, frame schemes, monitor compliance, ensure workplace safety, provide training, and investigate complaints. It has powers similar to civil courts to inspect premises, demand documents, and rescue exploited or child domestic workers.

District-level inspectors will supervise and enforce the law, maintain a digital database of registrations, and ensure compliance, the draft noted. 

The proposed Bill also establishes a Domestic Workers Social Security and Welfare Fund, financed through registration fees, up to 5% welfare contributions from workers’ wages, municipal property tax levies, fines, and government grants.

The fund will provide accident compensation, health coverage, maternity or paternity benefits, medical expenses, educational assistance for workers’ children, funeral support, and pensions for retired or disabled workers. Municipal corporations will remit a 1% property tax welfare fee toward the fund for workers employed in buildings.

A grievance redressal mechanism will operate at the district level, resolving disputes related to employment terms, working conditions, or non-payment of dues. The committees will maintain amicable relations between employers, workers, and service providers. Complaints regarding sexual harassment will be handled under separate laws. Victims of forced labour, exploitation, discrimination, or abuse will receive emergency aid, medium-term support, legal aid, and rehabilitation. 

Decades of struggle

“This is a preliminary draft and is currently under discussion with stakeholders and other members. The Labour Minister will move it forward after consulting the Cabinet. This is a rights-based Bill, representing three decades of struggle by informal workers, which Karnataka is now seeking to implement,” said Dr. G. Manjunath, Additional Labour Commissioner.