ISLAMABAD - A proposed law recently passed by the Senate will fully protect and regulate the rights of domestic workers for the first time in the history of the country, which defines their working conditions and structure of wages.
The Domestic Workers (Employment Rights) Bill, 2013, if passed by the National Assembly would have the jurisdiction of Islamabad Capital Territory (ICT) and this would be the first kind of legislation in Pakistan as the rights of domestic workers are not protected under any specific law.
The objects and reasons of the private member’s bill moved by opposition party - PPP-lawmaker Osman Saifullah Khan, say that domestic workers provide many Pakistanis with the opportunity to earn an honest living but the conditions under which these men and women work are highly variable.
Under the proposed law, the age of any workers, both for men and women, shall not be less than 14 years of age and not more than 60 years. Every worker shall enter into a written contract with his employer with regard to the terms and conditions of employment
The employment contact 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.
The worker shall be addressed as domestic worker and not servant and would have the right to minimum wages in accordance with the prevailing laws of the country. The worker shall be made special payments for overtime work, night work and works of specified risks, as he/she would have predefined working hours. The nacre of job and duties expected of the worker would be specifically predefined in the contract agreement.
The proposed bill says that no worker shall be required to perform any work other than what is specifically mentioned in the employment contract and the working hours would d be twelve hours with one-hour break.
Every worker shall be entitled to holidays or compensatory off, annual leave, casual leave, sick leaves and maternity leaves in accordance with the law and as sanctioned by the government. Every worker shall be entitled to health and medical care, employment injury benefits, group insurance, housing gratuity and pension benefit that shall be paid through the fund that would be managed under the supervision of the Domestic Workers Board. It shall be the responsibility of the employer to provide for the food and accommodation of the worker with or without family.
It shall be the duty of the government to ensure regular employment, timely payment, suitable working conditions and other prescribed facilities to the worker. The employer cannot remove any worker from employment without at least one month’s prior notice.
The proposed bill says that the government shall constitute Domestic Workers Board that would be responsible to formulate policy matters relating to employment conditions of their service, social security, safety and welfare. The board will review implementation of the law and rules made under it. The board will register domestic workers and give each worker the security number and identity number.
Under the law, Domestic Workers Fund would be constituted for the welfare of workers.
The bill says that only Dispute Resolution Committee and the appellate authority shall settle all disputes arising out of the provision of this act. The government will prescribe the rules of procedure and conduct of business of the committee and appellate authority.