5 Laws Exist to Safeguard Domestic Workers

Where are the Laws to Protect the Rights of Domestic Workers in India? |  Economic and Political Weekly

Domestic workers play a crucial role in many households, providing essential care and support to families and individuals. However, despite their important role, domestic workers are often subjected to poor working conditions and exploitation, with limited legal protection. To address this issue, a number of laws have been established to safeguard the rights of domestic workers and ensure that they are treated fairly and justly in the workplace.

The ILO Convention Concerning Decent Work for Domestic Workers (Domestic Workers Convention or C189) entered into force on September 5, 2013. This groundbreaking new treaty and its accompanying Recommendation (No. 201) establish the first global standards for the more than 50 million domestic workers worldwide who clean, cook, and care for children and the elderly in private households, the majority of whom are women and girls, and many of whom are migrants.

Here are five key laws that exist to safeguard the rights of domestic workers:

  1. The Fair Labor Standards Act (FLSA):

This law, established in the United States in 1938, establishes minimum wage and overtime standards for all workers, including domestic workers. It also sets restrictions on the number of hours that domestic workers can be required to work in a given week and requires employers to keep accurate records of hours worked.

  1. The International Labor Organization (ILO) Domestic Workers Convention:

This treaty, adopted in 2011, is the first international instrument to specifically address the rights of domestic workers. It sets out a number of key provisions, including the right to a safe and healthy working environment, the right to fair pay, and the right to social protections such as social security.

  1. The Migrant Workers and Overseas Filipinos Act of 1995:

This law, established in the Philippines, provides protection for overseas Filipino workers, including domestic workers. It sets out a number of key provisions, including the right to a safe and healthy working environment, the right to fair pay, and the right to social protections such as social security.

  1. The Domestic Workers Act:

This law, established in India in 2019, provides comprehensive protection for domestic workers, including the right to a safe and healthy working environment, the right to fair pay, and the right to social protections such as social security. It also establishes a complaint mechanism for domestic workers who feel that their rights have been violated.

  1. The Domestic Workers Convention, 2011 (No. 189) of the ILO:

This convention sets out a number of key provisions to protect the rights of domestic workers, including the right to a safe and healthy working environment, the right to fair pay, and the right to social protections such as social security. It also establishes a complaint mechanism for domestic workers who feel that their rights have been violated.

In conclusion, these five laws serve as important tools to safeguard the rights of domestic workers and ensure that they are treated fairly and justly in the workplace. By raising awareness of these laws and working to enforce them, we can help to improve the lives of domestic workers and promote dignity and respect for this important group of workers.

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