Abstract
This study investigates the significant legal shortcomings and challenges encountered by domestic workers in India. Despite their essential role in households, these workers often face exploitation, inadequate wages, extended working hours, and a lack of legal protections. The informal nature of domestic work, combined with weak enforcement mechanisms and employer resistance, exacerbates their vulnerability. The paper underscores these issues and offers policy recommendations aimed at strengthening labor protections and ensuring the rights of domestic workers are upheld, fostering a more equitable labor system in India.
Introduction
This research examines the critical legal gaps that undermine the protection of domestic workers in India, the major challenges in enforcing current regulations, and the broader socio-economic factors that perpetuate their vulnerability. Despite their crucial role in Indian households, domestic workers frequently endure systemic exploitation, low wages, long working hours, and insufficient legal protections. The informal nature of domestic work, coupled with weak enforcement mechanisms and resistance from employers, exacerbates their precarious situation. “ ubi jus ibi remedium” means “where there is a right, there is a remedy” Courts often rely on ubi jus ibi remedium to ensure that domestic workers are not left without recourse when their rights are violated. If there is no explicit remedy in law, courts may interpret laws broadly to provide one. In essence, ubi jus ibi remedium reinforces the importance of not only recognizing domestic workers’ rights but also ensuring that legal frameworks provide them with effective avenues for justice.The study also suggests policy recommendations to strengthen labor protections, improve enforcement, and ensure that the rights and dignity of domestic workers in India are respected. Tackling these issues is essential for policymakers to build a fair and just labor system that fully acknowledges and safeguards the fundamental rights of domestic workers.
Keywords
Domestic Workers, Legal Gaps, Labour Rights, Social Security, Minimum Wages, India, Legal Enforcement, Worker Protection, ILO Convention189
Research Methodology:
This method integrates qualitative and quantitative approaches to leverage the advantages of both. The goal is to gain a deeper, more holistic understanding of a research problem by using different forms of data and analysis techniques. It is based on Primary and secondary sources of information like Journal, Article, Government Surveys, NGO Surveys, Newspaper, Websites, Conventions Legislations, Enactments.
Review of Literature:
The term Domestic Worker is defined in International Labour Organization (ILO) Convention No. 189 on Domestic Work, domestic workers are defined as “any person engaged in domestic work within an employment relationship.” Domestic work is defined as “work performed in or for a household or households.” The Domestic workers can be classified into three categories as follow:
Full time worker refers to an employee working for a single employer for a specific period ( 8-9 hours) of time and to home after the work.
Part time worker refers to employees who work for more than two employees for a shorter period of day and return to home after work.
Live-in workers refers to employees as the name itself suggests where the employee has to reside in the employer’s house or place designated by the employer during the employment period and does not return to home.
Domestic workers not also employed on their own to households there are also agencies which recruit domestic workers and allocate households for employment for such service that will take commission from workers as well as employer. There is a large number of domestic workers in india. India being a developing country and having one of the largest economies in the world, Domestic workers are the largest working force after Agriculture and Construction but also un organised and non recognised sector by the Indian government and Legislature. There is no specific enactment for Domestic workers in India only other general acts which have clauses and provision for Domestic workers. According to a survey of thee-Shram portal As of now, approximately 8.8% of the 85.6 million informal sector workers registered on the e-Shram portal are domestic workers. Given that India has around 380 million informal sector workers, this suggests that domestic workers number between 30 to 35 million.
Difficulties faced by Domestic Workers
Here are the challenges and difficulties faced by domestic workers in India, along with sources for further context:
Low Wages : Domestic workers in India often earn significantly less than the minimum wage. This issue is widespread across both rural and urban areas, where workers may receive lower than fair pay for long hours of labor. Wages are often irregular, and some workers are paid below the established wage rates.
Long Working Hours: Many domestic workers in India are expected to work long hours, typically 12 to 16 hours a day, with no designated off-days or paid leave. These excessive working hours lead to physical and mental exhaustion.
Lack of Legal Protection: Domestic work is largely unregulated. Though some laws like the Unorganized Workers’ Social Security Act exist, enforcement remains weak. Domestic workers are excluded from formal labor laws, and their rights are often ignored.
Insecure Working Conditions: Domestic workers face insecurity due to the lack of formal contracts, making it difficult to claim their rights. They lack benefits such as paid leave, social security, and healthcare.
Abuse and Exploitation: Many workers, especially women, face physical, sexual, and emotional abuse at the hands of their employers. Due to the informal nature of domestic work, workers are often powerless to report abuses due to fear of job loss or lack of legal recourse.
Limited Access to Education and Skill Development: Many domestic workers, especially young women and girls, lack access to education or skill development due to their long working hours, which restricts their future opportunities for better employment.
Social Stigma and Discrimination: Domestic workers, particularly those from lower socio-economic backgrounds or marginalized communities (e.g., Dalits), face societal discrimination and are often seen as doing “menial” work.
Health and Safety Concerns: The nature of domestic work, which often involves heavy physical tasks and exposure to hazardous cleaning products, leads to long-term health problems such as musculoskeletal issues, respiratory problems, and chronic stress. Many workers have limited access to healthcare services.
Isolation and Lack of Support: Many domestic workers live away from their families, particularly when working in urban areas, leading to emotional isolation. They may also lack access to social networks and support systems, further increasing their vulnerability.
Employer Resistance to Regulation:Many employers resist paying fair wages or providing benefits to domestic workers. They are often not receptive to the idea of contracts or proper labor agreements.
Lack of Formal Recognition: Domestic work is not officially recognized as a profession in India. This results in domestic workers being denied labor rights, job security, and benefits such as social insurance.
Gender-Based Inequality: Since a large proportion of domestic workers are women, they face gender-based discrimination, including sexual harassment, unequal wages, and limited career opportunities. Many are also exposed to gender-based violence by their employers. Lack of Social Security: Domestic workers do not have access to social security benefits such as healthcare, paid leave, pensions, or unemployment benefits. This leaves them vulnerable to financial and health crises.
Migrant Domestic Workers: Migrant domestic workers face added challenges, such as language barriers, cultural differences, and lack of access to social networks. They are often more vulnerable to exploitation and abuse due to their isolation.
Resistance to Unions: Domestic workers face significant challenges in organizing unions due to the scattered nature of their work and employer resistance. This makes collective bargaining difficult and reduces their ability to advocate for better conditions.
Generally, most of the Domestic workers being illiterate does not help the situation as don’t have any knowledge about legal rights available to them under Unorganised Labour Act 2008 and other similar general acts as well as Rights available under Indian constitution Article 21 Right to Dignity Article 19 (1)(c) Right to form Association.
Legal Framework for Domestic Workers in India
Constitutional Provisions
The Indian Constitution provides various safeguards for workers, including domestic workers. Relevant provisions include:
Article 14: Right to equality before the law.
Article 21: Right to life and personal liberty, which includes the right to live with dignity.
Article 23: Prohibition of trafficking and forced labor.
Article 39: Directive Principles of State Policy advocating for equal pay and protection against exploitation.
National Legislation
1. Unorganized Workers’ Social Security Act, 2008: This act provides for social security schemes for unorganized workers, including domestic workers. However, its implementation has been inadequate.
2. Minimum Wages Act, 1948: Some Indian states have included domestic workers under this act, but enforcement remains weak.
3. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: Covers domestic workers, but enforcement mechanisms are ineffective due to the private nature of their workplace.
4. Bonded Labour System (Abolition) Act, 1976: Addresses forced labor, which some domestic workers face.
5. Child Labour (Prohibition and Regulation) Act, 1986: Prohibits employment of children below 14 years in domestic work.
International Conventions
India has not ratified the International Labour Organization (ILO) Convention No. 189 on Decent Work for Domestic Workers, which mandates minimum labor protections for domestic workers. This reflects the gap in recognizing domestic work as formal employment.
Judiciary’s View:
People’s Union for Democratic Rights v. Union of India (1982)
This landmark case brought attention to the exploitation of domestic workers, especially in relation to the working conditions and rights of women and children employed as domestic workers. While it is not exclusively focused on domestic workers, it emphasized the need for better regulation and conditions for workers in the informal sector, which includes domestic workers.
National Domestic Workers’ Movement v. Union of India (2011)
In this case, the Supreme Court of India dealt with the legal recognition of domestic workers and the implementation of welfare measures for them. The petitioners argued for their recognition as workers entitled to minimum wages, social security benefits, and other protections under labor laws. The Court issued directives to improve the conditions of domestic workers, ensuring they are not exploited.
Vandana Prasad v. Ministry of Labour and Employment (2018)
The case highlighted the lack of transparency and comprehensive data about domestic workers’ rights, especially regarding social security benefits like maternity leave. It underscored the importance of ensuring domestic workers’ access to social protections and the need for better data collection mechanisms in India.
Vishnu @ Bishnu Nirola v. The State (2023)
This case underscores the legal responsibility of employers to pay domestic workers, including minors, the minimum wages prescribed by law. It highlights the role of the Child Welfare Committee in ensuring the welfare of child domestic workers and the enforcement of labor laws in the domestic work sector.
Ajay Malik v. State of Uttarakhand (2025)
The Court acknowledged the systemic exploitation of domestic workers in India and directed the Central Government to consider establishing a legal
Challenges in Enforcing Domestic Workers’ Rights
1. Lack of Comprehensive Legislation
India does not have a dedicated law to regulate domestic work, leaving workers vulnerable to exploitation. The absence of a comprehensive law results in ambiguity regarding employment terms, working hours, wages, and dispute resolution mechanisms.
2. Informality and Lack of Written Contracts
Most domestic work arrangements are informal, lacking written contracts that specify wages, hours, and conditions. This informality makes it difficult to enforce legal protections and resolve disputes.
3. Weak Implementation of Existing Laws
Despite legal provisions, enforcement is weak due to:
Lack of monitoring mechanisms.
Absence of grievance redressal bodies for domestic workers.
Limited awareness among domestic workers about their rights.
4. Low Wages and Wage Disparities
Many domestic workers receive wages below minimum wage levels. Wage disparities based on gender, caste, and region are common. The lack of uniform wage structures exacerbates financial insecurity.
5. Long Working Hours and Poor Working Conditions
Domestic workers often work long hours without adequate rest periods. Many face exploitative conditions, including denial of leave and lack of adequate living conditions for live-in workers.
6. Sexual Harassment and Workplace Violence
Given the private nature of their workplaces, domestic workers are highly vulnerable to sexual harassment and physical abuse. The implementation of the Sexual Harassment Act remains ineffective due to difficulties in reporting and prosecuting cases.
7. Lack of Social Security Benefits
Most domestic workers do not have access to social security benefits such as health insurance, maternity benefits, or pension schemes. The coverage under the Unorganized Workers’ Social Security Act, 2008, is inadequate.
8. Challenges in Unionization and Collective Bargaining
Unionization among domestic workers is low due to:
Fear of job loss.
Lack of legal recognition of domestic workers’ unions.
Difficulty in organizing workers who are spread across multiple individual households.
Policy Recommendations
Enact a Comprehensive Domestic Workers’ Protection Law
A dedicated law should be introduced to:
Mandate written contracts specifying wages, working hours, and leave entitlements.
Establish clear mechanisms for grievance redressal.
Introduce penalties for non-compliance by employers.
Strengthen Enforcement of Existing Laws
Improve labor inspections for domestic work.
Set up special monitoring bodies for domestic worker rights.
Ensure strict implementation of minimum wage laws.
Promote Formalization of Domestic Work
Encourage registration of domestic workers through government databases.
Provide incentives for employers to offer formal employment contracts.
Enhance Social Security Coverage
Expand social security schemes to include domestic workers.
Provide government-funded insurance and pension schemes for domestic workers.
Strengthen Legal Redressal Mechanisms
Create fast-track labor courts for domestic worker disputes.
Provide legal aid services for domestic workers.
Increase Awareness and Capacity Buildin
Conduct awareness campaigns about domestic worker rights.
Provide training programs for domestic workers on financial literacy and legal rights.
Facilitate Unionization and Collective Bargaining
Recognize domestic workers’ unions and support their activities.
Establish negotiation platforms between domestic workers and employers.
Ratify ILO Convention No. 189
Ratification would signal commitment to improving domestic workers’ rights.
Align national laws with international labor standards.
Suggestions
The author would suggest specialLegislation for Domestic Workers should be enacted with provisions like paid leave on weekends (Sunday). Safety measures of employees should be provided by the employer in works related to cleaning (Gloves, Safety glasses, Masks, and Aprons). Awareness campaigns should be held throughout the country to the domestic workers about the rights of them and available remedy if the said right is violated. There are few associations formed in certain areas and reclaimed their rights through collective bargaining like minimum wages for certain regions (Urban) and compulsory holiday on sunday and other rights. This kind of awareness should be in the minds of all the domestic workers. The employer also has to contribute to make changes in the lives of domestic workers by acknowledging their rights under acts and treat them with dignity and untouchability faced by employees should be prohibited. As for the India Legislation unless specific act created for domestic workers amendments should be made in existing labour legislations to include domestic workers in suh legislations (Trade Union Act 1926). Stringent action should be taken against the employer for non following of provision relating to domestic workers and penalty should be levied. The Indian government should take measures to ratify ILO convention 189 and introduce legislation for domestic workers with the provisions given in the convention .By closing legal loopholes and strengthening enforcement, societies can move toward a more just and equitable labor environment that upholds the dignity and rights of domestic workers. Ensuring their protection is not only a moral imperative but also a necessary step toward fostering inclusive and fair labor markets.
Conclusion
The enforcement of domestic workers’ rights remains a critical challenge due to persistent legal gaps, weak regulatory frameworks, and socio-economic barriers. Despite their significant contributions to households and the broader economy, domestic workers often face poor working conditions, low wages, and limited access to legal protections. Even where laws exist, enforcement mechanisms are frequently inadequate, leaving many workers vulnerable to exploitation and abuse.
Addressing these challenges requires comprehensive legal reforms, stronger policy implementation, and greater public awareness. Governments must ensure that domestic workers are fully covered under labor laws, establish effective monitoring systems, and provide accessible complaint mechanisms. Additionally, collaboration between policymakers, labor organizations, and civil society is essential to advocate for fair treatment and better working conditions. A multi-pronged approach is needed to address these challenges, including legislative reforms, better enforcement mechanisms, enhanced social security, and stronger worker organization. Recognizing domestic work as formal employment and ensuring comprehensive protections can significantly improve the lives and dignity of millions of domestic workers in India.
Sriranjani R
School of Excellence in Law, TNDALU