No more exploiting the domestic workers

Author: Aiyza Javaid

The rights of domestic workers in Punjab have long been a neglected one. They have been deprived of their fundamental rights and have been exploited by their owners. The wages paid to the domestic workers in the domestic households don’t commensurate with their work output. It is barely minimum and hardly fulfils the needs of the domestic workers. The physical, mental and emotional wellbeing of such workers employed in houses lack adequate attention. It’s indeed disillusioning to note that they are subjected to worst forms of torture when they don’t meet the demands of their employers.

Considering the aforementioned grave scenario built with regard to the ongoing practices rendered towards domestic workers, legislative practices are formulated to safeguard their rights. Punjab Assembly recently passed and approved the Punjab Domestic Workers Rights Bill and an eminent lawyer of Lahore High Court Sheraz Zaka in 2016 appeared as a counsel in the court of Justice Jawad Hassan on behalf of the petitioner, who was a domestic worker.

This case majorly referred to raising the wages and protection of the rights of the domestic workers in the domestic household units. Regarding this case, it has been argued that there stands a need for the Punjab government to align the wage rate of the domestic workers in the domestic households on the same scale as that of the wage rate of the domestic workers in the industrial establishments.

Glad tidings for domestic workers have been announced in a bill approved by PA recently which states that no child below the age of 15 should be employed in any domestic household unit

Furthermore, the need to standardise the working hours and working conditions was also emphasised in the case relevant to domestic workers in the domestic households. Minimum Wages Act 1961 was challenged, which asserted that this act did not apply to the domestic workers in the domestic households the way it was applicable to the domestic workers in the industrial units. The workers at both ends engaged in work of same nature but their pay was discriminated and this was challenged in the case regarding domestic workers.

Glad tidings for domestic workers have been announced in a bill approved by PA recently which states that no child below the age of 15 should be employed in any domestic household unit. In case of a child being tortured or abused, the employer would be punishable with a fine or imprisonment of a term. The fine may extend to Rs 50,000 for torturing or exploiting the domestic worker in any way. Each employment of worker should be in written employment letter in a prescribed form showing the terms and conditions of employment including type of work and the settled wage rate. It has also been decided to establish special courts and committees for the resolution of the problems of the domestic workers.

This move taken for protection of the rights of domestic workers in Punjab is indeed a landmark achievement. It sets grounds to grant similar rights for protecting the domestic workers from being unduly discriminated and tortured in all provinces of Pakistan.

The writer can be reached at aiyza.javaid@gmail.com

Published in Daily Times, February 10th 2019.

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