Domestic Workers (Employment Rights) Bill, 2013 with Proposed Amendments

An Act to protect the rights of the domestic workers, to govern and regulate the employment and conditions of service between employers and domestic workers and to provide social security, safety, health facility and welfare to domestic workers. Preamble:- WHEREAS it is expedient to recognize the domestic workers; to provide free, to provide free and impartial justice to domestic workers;to protect the rights of the domestic workers such as freedom of speech, freedom of association, health, indemnity, freedom, action, respect, fair and dignified treatment etc.; to regulate the employment and conditions of service of the workers such as holidays, accommodation, safe environment, settlement of-dispute, actual working hours, nature of work, minimum wages, leaves etc.; to provide them social security, safety, health and welfare and matters connected therewith or incidental thereto; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Domestic Workers (Employment Rights) Act, 2015. (2) It extends to the Islamabad Capital Territory. (3) It shall come into force at once on 14th August 2015. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,- (a) "Government" means the Federal Government; (b) "Beneficiary" means a worker eligible to receive benefits under the Domestic Workers Welfare Fund; (c) "Board" means Domestic Workers Board; (d) "Domestic Work" means in relation to a household any work which takes place within the premises of the household and includes childcare or old age care or sick care and delivery care; (e) "Domestic Worker" means a person engaged in domestic work directly or through an agency or contractor whether exclusively for one employer or in a group or otherwise for one or more employers by staying at the household premises or otherwise includes migrant or piece-rate worker; (f) "Dispute" means any dispute or difference between employers and employers, or between employers and workers or between workers which is connected with the employment or non-employment of the terms of employment or with the conditions of labour of workers; (g) “Full Time Domestic Worker” means a person working full time for one employer only and residing at his/her provided accomodation. (h) “Part Time Domestic Worker” means a person working for one or more than one employer for one or more than one work/task. (i) "Employer" means,- (i) in relation to a person or group of persons employing worker(s) such person or group of persons generally or collectively responsible for employment of workers; (ii) in relation to an establishment or agency the owner(s) of the establishment or agency or a person(s) who has the ultimate control over the affairs of the establishment or the agency as well as any other person to whom affairs of such establishment or agency are entrusted whether such person(s) is called an agent, a manager, an occupier or by any other name; (iii) in relation to a household or family the head(s) of the household or the family who as an individual or group of individuals severally or collectively responsible for the employment of workers; (iv) in relation to the work carried on by or through a contractor or by the employment of worker(s) supplied by a contractor, the contractor; (h) "Family" in relation to that of a worker means and includes the spouse, children below the age of 18 years, fifty per-cent or more disabled children above the age of 18, and the dependant parents; and (i) "Fund" means Domestic Workers Welfare Fund. 3. Effect of law and agreements inconsistent with this Act.- The provisions of this Act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any contract or instrument having effect by virtue of any law other than this Act or any other decree or order of any court, tribunal or authority or under any settlement. 4. Rights and privileges under more beneficial other laws not affected.- Nothing contained in this Act shall affect the operation of any corresponding law, contract, custom, usage, award, settlement or agreement, regulating the employment and conditions of service of the workers and providing for welfare measures or schemes which are more beneficial to the workers than those provided for them by or under this Act. CHAPTER II RIGHTS AND ENTITLEMENTS OF DOMESTIC WORKERS 5. Rights and Entitlements.- All domestic workers shall have the following Rights and Entitlements:- (a) The right to work/employment. Whereby the age requirement for employment shall be 14 years of age or above and not more than 60 years for men and women; (b) Workers shall have freedom of work and shall not be employed in employments such as forced/bonded labour, child labour and manual scavenging and in any manner inconsistent with the contract; (c) No worker shall be discriminated in recruitment, continuance of employment deciding wages, benefits and other rights on grounds of religion, race, caste, creed, sex and place of birth/residence/domicile or any other reason; (d) Every worker shall enter into a written contract with his employer in regard to the terms and conditions of the employment.A copy of the same shall be provided to the domestic workers welfare board. (e) The employment contract shall include specific terms and conditions related to matters such as hours of work, specific nature of work, wages, leave, food and accommodation, suspension, termination, disciplinary proceedings, dispute settlement and healthcare/welfare measures within the scope of the employment; (f) The workers shall be addressed as "domestic worker”, not "servant"; (g) The right to minimum wages in accordance with the prevailing laws of the country for full time domestic workers. (h) The worker shall be made special payments for overtime work, night work and works of specified risks. Any such kind of work shall be done only in mutual consent of both parties. (i) The worker shall have the right to bargain for festival allowance; (j) The worker shall have predefined working hours; (k) The nature of job and duties expected of the worker are to be specifically predefined. No extra work may be assigned to the worker without free will of the worker and extra remuneration; (l) The employer's duty to provide dignified working conditions and occupational and other safety measures; (m) The social security measure for domestic worker shall include Health and medical care, employment injury benefits, maternity benefits, group insurance, housing, gratuity, bonus and pension benefits; and (n) The right to form an association or union of workers for collective bargaining through tripartite mechanism or otherwise. CHAPTER III CONDITIONS OF SERVICE OF WORKERS 6. Employment contract.- No worker shall enter into employment without a written contract with the employer, which shall include specific terms and conditions related to matters such as hours of work, specific nature of work, wages, leave, food and accommodation, suspension, termination, disciplinary proceedings, dispute settlement and healthcare/welfare measures within the scope of the employment. A copy of employment agreement shall be furnished in the office of Domestic Workers Welfare Board. 7. Nature of work.- No worker shall be required to perform any work other than what is specifically mentioned in the employment contract, unless the worker at free will agrees to perform such work for any such extra remuneration as may be agreed between the worker and the employer. 8. Working hours.- No worker shall be required to work for more than eight hours in a day with one hour break, provided that, if the worker stays with the family or at place of work, the worker at free will may work overtime for such time duration and for such remuneration as may be prescribed. 9. Minimum wage.- (1) Full Time Domestic worker shall be paid such wages within such time as may be prescribed in the employment contract, but such wages shall in no case be less than the wages fixed under the Minimum Wage Ordinance 1961. (2) Part Time Domestic Worker may be paid wages:- a. On hourly bases When a domestic worker is hired for hourly bases, he/she shall not be paid less than 200 Rupees per hour. b. On task bases When a domestic worker is hired for any task such as a sweeper, dish washer, laundry cleaner etc. he/she shall not be paid less than 1000 rupees per month for each task.(3) No employer shall pay to worker, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him/her to the workers of the opposite sex performing same work or work of a similar nature. 10. Leaves.- Every worker shall be entitled to Holidays or compensatory off, annual leave, casual leave, sick leaves and maternity leaves in accordance with law and other leaves as may be sanctioned by the Government from time to time. 11. Maternity benefit.- A female worker shall be entitled to maternity benefits with a minimum amount equivalent to three months salary upto two children. 12. Other benefits.- Every worker shall be entitled to Health and medical care, employment injury benefits, group insurance, housing, gratuity, bonus and pension benefits, which shall be paid through the Domestic Workers Welfare Fund under the supervision of the Domestic Welfare Board. 13. Compensation for Injury.- If a personal injury is caused to a worker by accident arising out of and in course of his/her employment, the employer shall be liable for payment of compensation amount. 14. Food and Accommodation.- It shall be the responsibly of the employer to provide for the food and accommodation of the full time domestic worker, with or without family, unless such right is expressly waived off by the worker. 15. Facilities.- It shall be the duty of the appropriate Government to ensure,- (a) regular employment to the domestic workers; (b) regular and timely payment of wages; (c) suitable, conducive and dignified working conditions; (d) provision for prescribed medical facilities and also maternity facilities by the employer; (e) provision for protective clothing as may be prescribed; (f) that the worker is not tortured or physically or sexually exploited by the employer or any of the employer's family members; and (g) provision of such other facilities as may be prescribed from time to time. (h) to recognize and register domestic workers with the domestic workers board. 16. Notice of termination.- No worker may be removed from employment without at least one month's prior notice to the worker by the employer. A copy of same notice shall be sent to the Domestic Workers Welfare Board by the employer. 17. Certain contracts and agreements to be void.- Any contract or agreement, whether made before or after commencement of this Act, whereby a worker relinquishes any right conferred by or any privilege or concession accruing to him or her under this Act or any scheme, shall be void and of no effect in so far as it purports to deprive him or her of such right or privilege or concession. CHAPTER IV DOMESTIC WORKERS BOARD 18. Constitution of the board.- (1) The Government, for the purposes of this Act, shall constitute a Board to be called "the Domestic Workers Board". (2) The Board shall consist of,– (a) A Chairperson to be appointed by the Government; and (b) such number of members, as the Government may nominate, that shall include association, Union or persons espousing the cause of domestic workers, individuals having expertise in issues relating to labour matters, women and child issues, law and any other interests which in the opinion of the Government, ought to be represented. (3) The number of persons to be appointed as members from the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions and the manner of filing up of vacancies shall be such as prescribed by the Government. 19. Functions of the Board.- The Board shall perform the following functions:- (a) to formulate policy matters relating to employment conditions of the service, social security, safety and welfare of workers; (b) to formulate schemes and review their implementation and make the changes required from time to time in such schemes in consultation with the Government; (c) to review and monitor implementation of the Act and rules made their under and recommend to the Government of any changes in the said Act; (d) to create public awareness about the rights of works and schemes available for the workers; (e) to collect statistics and information of agencies who supply/provide workers for domestic works or services; (f) to guide workers in respect of social security, safety and welfare activities undertaken by the Board, and non-governmental organizations or associations; and (g) to register domestic workers with the board. (h) to insure domestic workers against inevitable accidents. (i) to ensure a monthly pension to domestic workers that reach the age of 60 years. (j) to make sure that no minor domestic worker works under the age of 14 years. (k) to ensure free education to children of domestic workers in Government schools as promised in Article 25-A of the Constitution of Islamic Republic of Pakistan, 1973. (l) to ensure that the employer doesn’t carry undue influence on the domestic worker at the time of signing of contract. (m) to ensure that the employer doesn’t usurp the salary of domestic worker in any case. (n) to ensure that a sick domestic worker shall not be forced to work. (o) to keep and maintain the records of domestic workers and employers working together under various contracts. (o) any other matter as may be prescribed by the Government. 20. Registration of workers.- The Board shall register all domestic workers within next three years. . Every worker shall be provided by the Board with a security number and identity card to be renewable after every three years. None of the workers is eligible to get more than one security number. For the purposes of registration, the board may hire services of any agency or non-governmental organization already working for the welfare of domestic workers. 21. Registration of employer.- Every Agency or contractor or Trust or NGO or Association or union by whatever name called, which supply domestic workers, in order to benefit from this Act, shall make an application to the Board for registration under the provision of this Act. . Every application that gets registered shall be provided with a registration number. All employers registered under this section are required to have an office within Islamabad. A copy of office rent deed or ownership documents shall also be furnished along with application. The employers shall also furnish copies of their registration documents along with application to the board. Employers that get registered under this section shall enter into contracts with domestic workers so hired by it and the copies of same shall be furnished with the Board. If the domestic workers wishes to form a union under this act, they can independently move an application for union registration under this section. A domestic workers union shall have atleast five office bearers. An individual employer is not required to get registered with the board under this section. CHAPTER V DOMESTIC WORKERS WELFARE FUND 22. Constitution of the fund.- To provide safety, social security and welfare to domestic workers, the Government shall constitute a Fund to be called ”the Domestic Workers Welfare Fund" and these shall be credited thereto,- (a) all grants and loans made to the Board by the Government; (b) all sums received by the Board from other sources as may be decoded upon by the Government; and (c) contributions by the employers and registered domestic workers in such form and in such manner as may be prescribed. 23. Purpose of the Fund.- The fund shall be applied for meeting,– (a) the salaries, allowances and other remunerations of the members, officers and other employees of the Board; (b) the cost of such welfare measures or facilities for the benefit of domestic workers as may be decided by the Board which shall include Health and medical care, employment injury benefits, maternity benefits, group insurance, housing, gratuity, bonus and pension benefits; (c) to sanction any money in aid of any scheme for the welfare of the domestic workers including family welfare, family planning, education, insurance and other welfare measures; and (d) any other expenses of the Board in connection with the discharge of its functions or for the purpose of this Act. 24. Contribution to the Fund.- Every worker and employer registered under the relevant provisions of this Act shall make to the Fund, such contribution, as may be prescribed by the Government. 25. Non-payment of the contribution.- Non-payment of the contribution by any,- (a) domestic worker for a continuous period threeyears shall disqualify such worker from being the beneficiary of the Fund; and (b) employer shall make such a person liable to pay such amount as arrears of land revenue. CHAPTER VI RESOLUTION OF DISPUTE 26. Resolution of Dispute.- All disputes arising out of the provision of this Act shall be resorted only by Dispute Resolution Committee and Appellate authority. 27. Dispute Resolution Committee.- The Dispute Resolution Committee may comprise of Law Graduates with atleast 2 years experience as practicing lawyers. They shall exercise powers equal to Civil Judges cum Judicial Megistrates. There shall be at least one person deputed as a presiding officer of dispute resolution committee in every recognized community of domestic workers in Islamabad. 27-A. Appellate Authority The appellate authority shall exercise powers equal to District and Sessions Judge. The shall be atleast one person deputed as an appellate authority in Islamabad. The eligibility and experience of such person shall be equal to the qualifications of a District & Sessions judge. No appeal, revision or review shall lie against the decision of an appellate authority. 28. Procedures and powers of the Committee and appellate authorities.- (1) The Dispute Resolution Committee on its own motion or on the application of any party can take cognizance of any matter involving the domestic workers. If an application is received by Dispute Resolution Committee against employer or domestic worker, the dispute shall be settled within one month of application. There shall not be more than 15 days time to file appeal. The appeal shall be decided by the appellate authority within one month. (2) This Act shall have overriding effect over all laws and court procedures in the matters of disputes of civil and criminal nature both pertaining to domestic workers. (3) In case of any allegation or accusation on domestic workers so registered under this Act, S.H.O. of concerned police station shall not have powers to investigate or interrogate any domestic worker unless prior permission is taken from Dispute Resolution Committee. (4) No FIR against a domestic worker is effective in case of any dispute between employer and employee unless its lodged on the directions of dispute resolution committee or appellate forum. (5) In case of any offense committed by any domestic worker or employer during the course of business, the trial may be conducted by Dispute Resolution Committee or Appellate Authority. (2) The Dispute Resolution Committee or appellate authority shall follow such procedure as may be deemed fit and conforming to principles of natural justice. (2) Every unit of Dispute Resolution Committee or appellate authorities shall have same powers as are vested in civil court under the Code of Civil Procedure,1908 and Code of Criminal Procedure, 1898, when adjudicating a dispute in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; and (d) such other matters as may be prescribed. Every enquiry or investigation by Dispute Resolution Committee shall be deemed to be a judicial proceeding. 29. Bar of jurisdiction of civil, court of megistrate and labour courts.- No civil, court of megistrate or labour court shall entertain the suit or application in respect of any matters arising under this Act. 30. Contravention of provisions.- whoever contravenes the provisions of contracts signed in line with this Act or of any rules made there under shall be punishable with imprisonment for a term which may extend to three months or with a reasonable fine or both. 31. Cognizance of offences.- Every offence punishable under this Act shall be cognizable, upon receipt of a written complaint by the person aggrieved, only by a presiding officer of Dispute Resolution Committee of the area concerned. 32. Rules.- The Government may make rules for carrying out the purposes of this Act. _______________________________________________ STATEMENT OF OBJECTS AND REASONS No accurate figures exist for the number of domestic workers employed in Pakistani households, but the figure is certainly in the hundreds of thousands if not the millions. Domestic work provides many Pakistanis with the opportunity to earn an honest living, but the conditions under which these men and women work are highly variable. There is a need to ensure that these domestic workers are provided at least a minimum level of benefits and facilities. Furthermore there is a need to regulate their terms and conditions of employment to ensure that they are treated with respect and dignity, while ensuring that excessive regulation does not create an impediment to the hiring of such workers. The present Bill is being moved in pursuance of these objectives. SENATOR OSMAN SAIFULLAH KHAN Member-in-charge This amended version of the bill is made after a long struggle and study of versions of domestic workers, social activists, employers and other stake holders. It is made for the pupose of amending the bill so that no lacuna remains in the Act once its passed. For any queries or suggessions feel free to write at internationallawyerinfo@gmail.com Regards, Salman Yousaf Khan (Golra) Advocate High Court Ex-Candidate MNA, NA-48, Islamabad