Karnataka Domestic Workers draft bill mandates written agreement, registration and minimum wage

Max 5% cess from employers to go for welfare fund.

Bengaluru: Domestic workers cannot be employed without a written agreement between employers and workers, and employers contravening the provisions of the Act can be punished with a maximum three-month prison term, according to the Karnataka Domestic Workers (Social Security and Welfare) draft bill.

The draft, prepared by the Labour Department, mandates paying minimum wages and overtime wages to domestic workers. The bill was publicised on Wednesday, and citizens will have a month’s time to provide suggestions and cite objections.

The overall working hours per week cannot exceed 48 hours, and a full-day holiday or two staggered half-day holidays should be provided per week, the draft says, adding that they must be eligible for "reasonable working hours," periods of rest, annual leave and maternity benefits.

The draft defines “domestic worker” as one employed for domestic work either directly or indirectly, or through a contract or a digital platform, who works for remuneration for one or more employers by staying at the household premises or otherwise.

It can include part-time or full-time workers, as well as casual, temporary, piece-meal, gig work, and migrant workers.

The draft defines an employer as one who engages domestic workers to perform any work, whether part-time, full-time, live-in, or otherwise, directly or through a recruitment agency or a platform. Employers will include the head of the household, anyone with ultimate control over the household and so on.

Mandatory registration

The draft bill mandates the mandatory registration of domestic workers and employers. As per the draft, if a domestic worker is illiterate and a migrant, the service provider, placement agency and employer must register such domestic worker(s) within a month of the commencement of employment.

While employers have been mandated to register within a month of employing a domestic worker, service providers must register within a month of the commencement of the act.

In case of a change of employment or migration, the worker shall inform the registering authorities within 30 days of such a change.

Welfare board

The draft mandates the formation of the Karnataka State Domestic Workers Social Security and Welfare Board, which will administer and monitor the Domestic Workers Social Security and Welfare Fund. The monetary sources for the fund include fees collected from registration of domestic workers, service providers, placement agencies and employers, up to 5% welfare fee collected from those employing the domestic workers, all fines collected as per the act, any central or state government grants and so on.

The board will be tri-partite in nature, with equal representation of domestic workers, employers, service providers and placement agencies and government authorities.

Those sending girls/ women employees to any place for immoral purposes, abuses or illegally confines domestic workers, or provides any child as a domestic worker, will serve a prison term of 3-7 years and a fine up to Rs 50,000.