CONDITIONS OF HOUSEHOLD WORKERS IN RESPECT OF

HUMAN RIGHTS

BIHAR HUMAN RIGHT COMMISSION

SUBMITTED TO : SUBMITTED BY :
Bihar Human Right Comission Indrajeet Kumar
Patna (Bihar) Roll no: 1732
Second Year
CNLU , Patna

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 TABLE OF CONTENTS

1. INTRODUCTION............................................................................................
2. ISSUES OF DOMESTIC WORKERS.............................................................
2.1 Live-in Domestic workers..........................................................................
2.2 Part-time Domestic Workers......................................................................
2.3 Migrant Domestic workers.........................................................................
2.3.1 Migration within India......................................................................
2.3.2 Migration Outside of India................................................................
3. INTERNATIONAL MIGRATION AND DOMESTIC WORK......................
4. INTERNATIONAL LAW RELATING TO DOMESTIC WORKERS...........
4.1 Key International Legal Provisions Relevant to Dws...............................
4.2 Facts and Figures.......................................................................................
5. WORKING & LIVING CONDITIONS OF DOMESTIC WORKERS.........
6. RESEARCH FOR ORGANIZING TOOL......................................................
7. CONCLUSION...............................................................................................
BIBLIOGRAPHY....................................................................................................

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 1. INTRODUCTION

Across the world, at least 52.6 million people are domestic workers. Although these women,
men and children carry out a wide variety of essential tasks cleaning, ironing, gardening,
cooking, driving, caring for children and older persons in private households – what they do is
not always considered “work”. Migrants make up a substantial proportion of all domestic
workers, including migrants grants who are in an irregular situation Compelled to live in the
shadows due to their status as a domestic worker as well as an irregular migrant, many are at
risk of being exploited, ill-treated and denied their dignity as human beings of all domestic
workers, Women domestic workers in the informal sector of the most vulnerable working
segments in society. They came from a marginalised population who's legal, economic, and
political status limit their ability to demand their rights.

These women include domestic workers whose social and economic contributions to society
are invisible to the public, the law and policies of the country. They face challenges because
their work is no considered rural work so that their rights to minimum standards of decent work
are continually violated. The unique feature of their work place, which is the home to their
employer, makes them vulnerable to abuses and exploitation. This is because the state would
always be reluctant to consider a home a workplace that they can regulate. The lack of capacity,
support and unity as that in organised sector make the challenges they face doubly difficult.1
As a result, this paper attempt to look at these challenges through studies into the profile of
domestic workers, their work an vulnerabilities in work, existing labour and other legislations
that are applicable to them, efforts of the government to address the issues an efforts of
doemstic workers and partner organizations to oragnize them. This paper also covers issues
related to minimum standards of ecent work, including definitions,terms and conditions of
domestic work, live in an live out arrangements, wages, leaves and social security. Women
omestic work has long been inrained in the mindset of the indian society. domestic work is
seen as menial and impure occupation raditionally performed by people, mostly women and
children, whose lives are still dominated by a caste system that assined people hi/ her place in
the society. Domestic work has long history in India with both men and women working in
others homes as servants. The affluent had servants, mostly men with loyalty obligation and
patronage bring the salient aspects of this relationship. Caste defined the heirarchy – lower
caste perormed the dirty work of cleaning whole higher caste men cooked.

1
Issue of Domestic workers in India

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Though domestic work is not a new phenomenon in India, it cannot simply be viwe as an
extention to historical feudal culture where the affluent employee 'servants'. Both in the urban
and rural contexts, the nature of the work and workers have been rapidly changing. The sector
now primarily comprises women domestic workers who are not recognised as workers while
their work is undervalued. This is primarily due to the genderd notion of the housework; value
is not ascribed women's work in their homes, and by extention even paid work in other's homes
is not given any value or regarded as work. It is also undervalued because it is often performed
by poor, migrant women from lower castes. All these contribute to inferior states of their work,
both in their own minds and society.

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 2. ISSUES OF DOMESTIC WORKERS IN INDIA
Under the ILO Convention 189, a domestic worker is “any person engaged in domestic work
within an employment relationship”. A domestic worker may work on full-time or part-time
basis; may be employed by a single household or by multiple employers; may be residing in
the household of the employer (live-in worker) or may be living in his or her own residence
(live-out). A domestic worker may be working in a country of which she/he is not a national.
Nearly 90% of domestic workers in India are women or children (especially girls), ranging
from ages 12 to 75 and it is estimated that 25% among them are below the age of 14.

The majority of domestic workers are illiterate. They are engaged in tasks such as cooking,
washing, and cleaning, which are traditionally seen as women’s work and considered
subservient in nature. In India, the stigma linked to domestic work is heightened by the caste
system, since tasks such as cleaning and sweeping are associated with the people belonging to
the ‘so-called’ low castes. Domestic workers are commonly referred to as ‘servants’ and
‘maids’ which has resulted in their feelings of insecurity and inferiority. This has further added
to the undignified status awarded to the services provided by them.

Domestic Workers are highly exploited and denied just wages and humane conditions. They
are paid well below the minimum wages for unskilled or semi-skilled workers. The vast
majority of live-in domestic workers work a minimum of 15 hours a day, seven days a week.
Part-time workers often work in 3-4 different houses for nearly 8-10 hours every day.The
working hours of domestic workers can go from 8 to over 18 hours a day. Wages, leave
facilities, medical benefits, and rest time are at the employer’s mercy. Moreover, they are often
victims of suspicion. If anything is missing in the house, they are the first to be accused with
threats, physical violence, police interrogation, conviction, and even dismissal.

A great number of live-in domestic workers are recruited from rural or tribal areas. They have
to adapt to an alien environment, culture, and language. Domestic Workers experience a
tremendous sense of loneliness because of the solitary nature of the work. This loneliness is
compounded by the fact that most have no or very little time off and they are unable to
communicate with distant friends and relatives. Often they are not allowed to use the telephone
and are prohibited from socializing with friends and relatives who are living and working in
the same city.

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Domestic workers are comprised of three main groups :

 Live-in domestic workers

 Part-time / Live-out domestic worker
 Migrant Domestic Workers
 Inter-state domestic workers
 Overseas domestic workers

2.1 Live-in Domestic workers

Live-in domestic workers reside at the place of employment. They areengaged in all domestic
work ranging from housekeeping, washing clothes, utensils, cooking and even engaged in
baby, children or elderly care. They depend on their employers for basic needs such as food
and shelter. Most livein domestic workers are women who have migrated or have been
trafficked from villages to cities in search of employment. They are to large extent children,
unmarried and sometimes married young girls, separated or widowed women.

2.2 Part-time Domestic Workers

Part-time domestic workers are generally locals or migrants in the city where they are
employed. They mostly live in slums and work in the houses of multiple employers to earn
their livelihood. They are called part-timers not because they do only part time work but
because they do not stay with the employer and are not expected to be on call 24 hours a day.
They either work all day for one employer or repeatedly perform specific tasks like washing
clothes, dishes, or cooking for a number of employers. Part-timers are less dependent on their
employers than full time workers. They live with their families and run their homes, as well as
those of their employers. However, they are less dependent on their employers for their basic
needs and are characterized with a greater degree of independence than the live-in domestic
workers.

2.3 Migrant Domestic workers

2.3.1 Migration within India

Migration from rural areas to big cities typically occurs due to debt bondage, poverty, sudden
death in the family, rural and male unemployment. The glamour of city life acts as a further
“pull” factor inducing young girls and women to migrate. Working in cities is seen as a solution
to poverty and villagers are unaware of the exploitative working conditions and poor

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remuneration that the vast majority of domestic workers have to endure. Additionally, a large
number of domestic workers come from areas, which have been subjected to natural disasters
and man-made crisis situations (such as insurgency) and as such are from displaced
communities.

Increasingly, “trafficking agencies” have become a very significant factor in encouraging

internal migration. In the arena of domestic work, organised trafficking is taking place as
villagers living in the cities are returning to their native places to bring more women, girls and
children into this labour sector. Once the girls arrive in the cities, their wages are typically
locked or they go unpaid in order to pay the traffickers a fee for securing employment.

2.3.2 Migration Outside of India

There is an increased demand from richer industrialized countries for cheap, menial and
domestic labour. Migrants from poorer, less developed countries such as India can jump to this
opportunity as it does not require any high skills or education. Thousands of Indian women
travel to countries in the Middle East, South East Asia, and sometimes Europe and North
America in search of jobs paying higher wages. However, these women earn the lowest salary
for a foreign worker, despite the fact that they may be earning more than they would in India
for the same job.

Many women travel abroad to send money back home in an effort to improve their quality of
life in India. However, in travelling abroad, they become vulnerable to corrupt recruitment
practices, lack of work contracts, withheld salaries, physical, sexual, and emotional abuse at
the workplace and in many cases, their travel documents are witheld and they are prevented
from returning home.

In India, the procedure for migrating abroad for work is unregulated. The Indian government
has not implemented a pre-migration program aimed at educating migrants of their rights. In
order to travel abroad, migrants are forced to borrow large sums of money, often with
exorbitant interest rates, to pay fees to brokers. In many cases, the migrants, who are often
illiterate and naïve to the potential risks of entrusting large sums of money with strangers, are
the victims of scams of the fly-by-night brokers.

These con artists do not secure the promised job abroad, give them false tickets, or do not
secure the appropriate paperwork so that the women can legally work as domestic workers.
Thus, many women find themselves in a foreign country without the necessary papers. They

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are especially vulnerable to not being paid the promised salary and being held in conditions of
slavery without the ability to complain to the police. In many cases, the employer holds on to
the domestic worker’s passport, preventing her from leaving or contacting the Indian embassy
to file complaints. Migrants in an irregular situation are “invisible”. For the authorities of their
country of employment, they do not exist; they are unrecorded in population statistics and other
administrative data.

This invisibility often makes it difficult for them to claim and enjoy their rights. The
misperceptions and myths that surround irregular migration can also contribute to
stigmatization and abuse. For example,it is often assumed that irregular migrants are a burden
on the national economy. In fact, they contribute to the economy and often pay taxes.

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 3. INTERNATIONAL MIGRATION AND DOMESTIC WORK

It is estimated that today some 232 million people are international migrants, about 3.2% of
the world’s population. Migration has numerous causes: migrants move to take up jobs; to
reunite with family and other social relations; to escape inequality, poverty, discrimination,
human rights violations, conflict, environmental degradation and violence. Migration takes
myriad forms and, temporarily or for long periods, migrants may become domestic workers at
any point on their journey.

Migrants will tend to use irregular channels when opportunities for regular migration are not
available or are difficult to use. Globally, men and women migrate in more or less equal
numbers and about 48% of international migrants are women. Domestic work remains a
traditionally feminized occupation and worldwide the vast majority of domestic workers (83%)
are women.

A wide range of factors influence patterns of migration, including geography, historical and
cultural ties, and the porosity of borders. In recent years, international migration patterns have
changed significantly. International migrants increasingly tend to move within rather than
between regions; movement within the global South has become as significant as movement
from South to North. Nor is it any longer possible to clearly distinguish countries of origin
from countries destination and countries of transit. Many countries are both countries of origin
and destination, and many migrants settle temporarily before moving to their final destination,
or remain for years in transit countries because they are unable to move on to their intended
destination.

Migration for domestic work is triggered both by push factors (including social, financial,
environmental and cultural factors, unemployment, conflict, domestic violence, family
concerns, personal ambitions, opportunities) that vary from one individual to another, as well
as by demand in countries of destination. In countries whose population is ageing, a rising
demand for care workers is often sharpened by insufficient numbers of national workers.
Further, growing economies that employ more women generat demand for cleaners,
housekeepers and childminders, tasks that have traditionally been taken on by women. Income
differentials allow families with moderate incomes to pay for domestic help at rates that still
attract migrants settle temporarily before moving to their final destination, or remain for years
in transit countries because they are unable to move on to their intended destination.

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 4. INTERNATIONAL LAW RELATING TO DOMESTIC WORKERS

The Universal Declaration of Human Rights affirms that “all human beings are born free and
equal in dignity and rights”. The comprehensive framework of international human rights law
and standards is directed at ensuring the enjoyment by all of all human rights. Accordingly,
every person must have access to the fundamental human rights set out in the Declaration and
the nine core international human rights treaties. Member States of the United Nations are
bound by these human rights principles set out in the Declaration and elaborated in the nine
core instruments, and are obliged to make sure that everyone under their jurisdiction enjoys
these rights.

States have duties to respect, protect and fulfil human rights. In addition, the eight fundamental
Conventions of the International Labour Organization (ILO) as well as ILO Conventions Nos.
97 and 143 address the protection of the labour rights of migrant worksrs. Recent ILO
Convention No. 189 provides additional standards on decent conditions of work for domestic
workers.Migrant domestic workers in an irregularsituation are also protected under a number
of regional instruments and mechanisms, including the European Convention on Human
Rights, the European Social Charter, the Inter-American Convention on Human Rights, the
Africa on Human and Peoples’ Rights, and the Arab Charter on Human Rights.

ALL HUMAN RIGHTS FOR ALL MIGRANT DOMESTIC WORKERS The fundamental
principle of non-discrimination in international human rights law requires that any difference
of treatment (between nationals and non-nationals or between different groups of non-
nationals) must serve a legitimate objective, and that any course of action that States take to
achieve such an objective must be proportionate and reasonable. The principle of non-
discrimination applies to everyone, including migrant domestic workers who are in an irregular
situation. The prohibition of discrimination covers both formal and substantive discrimination.

This means that States have to ensure that their constitution as well as domestic laws and
policies do not discriminate on prohibited grounds, such as race, religion or nationality, against
migrant domestic workers. At the same time, States are obliged to adopt necessary measures
to prevent, diminish and Economic, Social and Cultural Rights of Migrants in an Irregular
Situation, chap. I, sect. A. In certain circumstances, national legislation may legitimately
differentiate between migrants of different nationalities or States may negotiate specific
additional protections for their migrants under bilateral agreements with host countries that
may not be available to all migrants in the host country. However, such differential treatment

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would need to be justified under international human rights law and it should not result in
human rights violations eliminate the conditions and attitudes that cause or perpetuate de facto
discrimination. Migrant women domestic workers who are in an irregular situation are
particularly at risk of discrimination on multiple, often overlapping, grounds based on sex and
gender as well as due to their nationality, migratory status, sector of work and frequently also
based on their race and social status.

All migrant domestic workers in an irregular situation are entitled to protection from torture or
other cruel, inhuman or degrading treatment or punishment, forced labour, slavery and
trafficking. Cases of repeated and serious abuse by employers or other private individuals,
including physical, sexual and psychological violence, arguably engage a State’s obligation to
prevent such acts. States must also protect the right to life, to family, to privacy, to freedom of
thought, conscience and religion, and to freedom of assembly of all persons. Migrant domestic
workers are also protected against arbitrary arrest and detention. The international legal
framework establishes that administrative detention of migrants should be a last resort, and
should be prescribed by law and be necessary, reasonable and proportionate in each case.
Alternatives to the detention of migrants in an irregular situation should be sought whenever
possible and the immigration detention of children should cease.

4.1 Key International Legal Provisions Relevant to DWs

Universal Declaration of Human Rights, 1948

This non-binding instrument establishes the overriding principles of equality and non-
discrimination applicable to everyone, everywhere and always (Art. 2).

International Covenant on Civil and Political Rights, 1966

Art. 8: prohibits slavery and slave trade in all their forms as well as forced labour.

Art. 13: establishes a due process for expulsion of an alien lawfully in the territory of a country.

Art. 22: establishes the right to freedom of association. International Covenant on Economic,
Social and Cultural Rights, 1966

Art. 7-10: recognizes the right of everyone to the enjoyment of equal and satisfactory working
conditions, the right to form trade unions and join them, and the right to enjoy social security,
including social insurance and maternity leave.

UN Convention on the Elimination of All Forms of Discrimination against Women, 1979

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Art. 11: establishes the obligation of all the State Parties to work for the elimination of
discrimination against women in the field of employment.

General Recommendation No. 17: recommends taking into account the unremunerated
domestic activities of women as a contribution to the gross national product.

General recommendation No. 26: considers that countries of destination should ensure that
migrant women workers enjoy the same rights as national women workers.

UN Convention on the Elimination of All Forms of Racial Discrimination, 1990

General Recommendation No. 30: recommends removing any obstacle preventing “the
enjoyment of economic, social and cultural rights by non-citizens”, notably in the area of
employment among others, and any discrimination “in relation to working conditions and work
requirements”.

UN Convention on the Rights of the Child, 1989

Art. 32: recognizes the right of the child to be protected from economic exploitation and from
performing any work.

UN Convention for the Protection of the Rights of all Migrant Workers and members of
their families, 1990

Committee on the Protection of the Rights of all Workers and Members of their Families,

General Comment No.1 on migrant domestic notes that MDWs are at increased risk of certain
forms of exploitation and abuse, largely due to isolation and dependence characteristic of
domestic work, and that female MDWs face additional risks due to their gender, including
genderbased violence. The Committee calls on member States to address the rights of migrant
domestic workers within the larger framework of decent work for domestic workers.

UN Convention against Transnational Organized, 2000 and the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against
the Smuggling of Migrants by Land, Sea and Air are important instruments in the fight against
the trafficking and smuggling of persons.

Key ILO instruments

The Declaration on Fundamental Principles and Rights at Work, 1998 commits Member
States to respect and promote universal principles and rights at work: freedom of association

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and the effective recognition of the right to collective bargaining, the elimination of forced or
compulsory labour, the abolition of child labour and the elimination of discrimination in respect
of employment and occupation.

The Migration for Employment Convention (revised), 1949 (No. 97) protects regular
migrant workers from discrimination and exploitation, ensuring equality of treatment between
regular migrant workers and national workers with respect to hours of work, rest period and
holidays.

The Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) entitles
migrant workers in irregular status to equality of treatment in working conditions and in respect
of rights arising out of their past employment. It provides both equality of treatment and
equality of opportunities for migrant workers in regular status and members of their families.
This equality also applies to social security, trade union and cultural rights.

The Equality of Treatment (Social Security) Convention, 1962 (No. 118) and the
Maintenance of Social Security Rights Convention, 1982 (No. 157) aims at equal treatment of
migrant workers as compared to national workers with regard to all nine branches of social
security.

The Private Employment Agencies Convention, 1997 (No.181) encourages States to enter
into bilateral agreements to prevent abuses and fraudulent practices. It prohibits the denial of
workers’ rights to freedom of association and collective bargaining; the

practice of discrimination against workers; and the charging of fees to workers.

4.2 Facts and Figures

ILO estimates put the number of migrant domestic workers globally at 11.5 million,
representing 17.2% of all domestic workers and 7.7% of all migrant workers worldwide. In
other words, almost every fifth domestic worker in the world was an international migrant in
2013. About 74% of all migrant domestic workers are women, compared to 80% of national
domestic workers. The share of migrants among domestic workers significant regional
variations. Nearly 80% of migrant domestic workers tend to be concentrated in high-income
countries. Those countries accounted for 9.1 million out of the estimated 11.5 million migrant
domestic workers globally .

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The ILO (International Labour Organization) Convention on Domestic Workers (No. 189),
defines domestic worker in its Article 1, 5 Article 1 For the purpose of this Convention: a) The
term “domestic work” means work performed in or for a household or households; b)The term
“domestic worker” means any person engaged in domestic work within an employment
relationship; c) A person who performs domestic work only occasionally or sporadically and
not on an occupational basis is not a domestic worker.

Provision (a) is meant to cover both domestic workers who are members of the household and
live with the household (live-in domestic workers) and domestic workers who are not members
of the household and do not live with the household but work as domestic worker for that
household (live-out domestic workers). Provision (b) is meant to exclude persons performing
domestic work in or for the household who do not have an employment relationship such as
members of the family who are taking care of the house without an employment relationship.

Finally, provision (c) is meant to exclude persons performing domestic work on a casual basis
such as the babysitter or the handyman bringing the purchases made at the supermarket.

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 5. WORKING & LIVING CONDITIONS OF DOMESTIC WORKERS

A domestic worker is directly under the authority of a householder & follows the straight
instructions of the house owner for the work. The work done by domestic workers may include-
cooking or cleaning, taking care of the children, elderly or disabled, tasks that are usually
performed by women in the vast majority of societies. However, domestic work may also
include- gardening, chauffeuring or providing security services, driving, tasks which are often
performed by men. It is found that among all categories in the informal sector, domestic
servant’s income is the lowest & the problems are many [2, 10, 12]. Most urban poor live in
different types of slum settlements and work in the informal sector. The relocation of the poor
to resettlement colonies takes them far away from areas of economic activity in the city, thus
making it impossible for them to even earn sustainable livelihood [26, 3] In this context, it has
been well documented that the process relocation and displacement has led to problems of
sustained access to livelihood, education, basic services and healthcare where women suffer
the most. In the resettlement areas (and in the slums), women spend a large part of their time
accessing essential services such as water and toilets. The double burden that they face is
compounded due to harsh living conditions [4, 11]. Besides this, they have no access to any
form of childcare services. They often leave their own children alone while they go to take care
of others’ children. A study conducted by the researcher focussed on the working and living
conditions of women domestic workers. It was seen that there was lack of core entitlements
which was required to enjoy freedom guaranteed by the democratic society. The findings of
the study showed why it was important to create a comprehensive social security system for
domestic workers in India. The study even covered themes such as basic demographic features,
nature of services, work profile of the domestic workers, access of social security, consumption
of edible items, union awareness, attitude of domestic workers towards gender & domestic
violence.

The ILO Convention protects the Fundamental Principles and Rights at Work of the ILO
(Article 3). It recognizes that domestic work is undervalued and invisible and is mainly carried
out by women and girls (Preamble). Thus it states clearly that Members shall take measures to
ensure that domestic workers, like workers generally, enjoy fair terms of employment as well
as decent working conditions (Article 6). enjoy minimum wage coverage (Article 11) and be
paid directly in cash (Article 12). Requirement is made that Members set a minimum age for
domestic workers (Article 4), ensure that domestic workers enjoy effective protection against
all forms of abuse, harassment and violence (Article 5), has the right to a safe and healthy work

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environment (Article 13), and of social security protection, especially in respect to maternity
(Article 14). The Convention also recognizes that domestic workers are often migrants
Preamble), and contains provisions that are specifically addressed to their migration status.

Aim of the study

The present study aims at understanding the working and living conditions of domestic
workers. The study includes both male and female domestic workers belonging to low socio
income group.

2. Methodology

2.1 Sample Selection

The total number of sample respondents was 12 out of which 7 were part time workers (4 male
workers and 3 female workers) while 5 were full time workers (2 male workers and 3 female
workers) from Gopalganj and Patna district. Out of these 12 samples, 10 domestic workers
including both part time & full time were approached from 6 centers Gopalganj and Patna
District. There were centers for maids & servants while other 3 were driver centers. The age
group of the respondents covered young adults (20-40 years) and middle adults (40-60 years).
The sample method used was Purposive Sampling & Convenient Sampling Technique

2.2 Tools for Data Collection In the present study, the type of research method applied is
Descriptive Research. There were two questionnaires used for the study which included both
open & close ended questions.

a) A Survey Questionnaire was used from the study - “Study on Living and Working
Conditions of Domestic Workers in Cambodia by International Labour Organization (ILO)”
[14]

b) A self prepared Questionnaire was made as well.,

c) To delve into the depth of the study, 4 case studies were also conducted; one of male worker
& the other of a female domestic worker respectively.

3. Result and Discussion

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 Demographic Highest responses by Highest responses by Highest responses by
Characteristic of full time female part time female part time male
respondent workers workers workers
Age group 41-50 years 30-40 years 41-50 years
Native place West Bengal Bihar West Bengal
Educational Between standard 1- Between standard 6- No qualification
Qualification 5 10

Table-1 demonstrates the demographic characteristics of the domestic workers. The highest
age group of the respondents was between 30-50 years. All the respondents had work
experiences between 20-25 years which validates with the age group. The young adults were
less in number as now days with the change in time the choices of people have also changed.
Previously as we used to see more number of domestic helpers but the young adults in present
are now trying to find different career opportunities and providing themselves with proper
education for the same. Almost majority of the respondents belonged to West Bengal while
among full time male workers comparatively a larger group was from Bihar. The remaining
group of respondents belonged to different states of India like Jharkhand; Orissa, Chennai and
even few countries like Nepal and Bangladesh. The number of migrants was less in the present
study. The educational background of women was more deprived as compared to men workers
because women workers were of the opinion that their education was not of much importance
according to their parents. Among male workers, the parents tried to make them educated so
that they can do a better work for improving the living conditions of the family. Full time
female workers had highest number of widows and as they did not have any support system
fincome they had to work as full time workers for their and family’s living needs. The rest of
the respondents were married.

The working and living conditions of the workers were unrecognized. There are many different
categories of work done by a domestic worker which includes: cleaning, cooking, dish
washing, gardeners, watchman, caretakers, etc. Among these categories the household chores
were seen to be done by women in majority, while work such as driving, gardening and security
services were given to men. In the present study, the results show that the percentage of male
household workers was comparatively low as compared to drivers, gardeners and watchman.

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The majority of household services among male workers were found in full time category.
Almost all the workers were provided with meals on a regular basis except part time male
workers as majority were drivers so they were not given any meals. Among full time workers
both male and female workers were given an accommodation. While the percentage of full
time male workers were more as compared to female workers who were not given any separate
space but were told to sleep inside the kitchen itself.

The salary received by male workers was more as compared to female workers. The majority
percentage of female workers earned a salary between the ranges 5,000 to 10,000 respectively.
While among male workers the maximum salary distribution was from 8,000 to 16,000
respectively. The salary distribution for women workers was even lesser than 5,000 per month.
The female part time workers working hours were less as compared to male workers. But the
amount of work International Journal of Humanities and Social Science Research done by
female was more. It has been noticed that the female workers are given more work to do that
they receive the salary. They have to do all the household chores and still their salary is less. It
is told that household work is no that difficult that someone should be given a high pay while
the same work if done by a male increases the value as male workers are not much seen doing
the household chores. So the residences who acquire male workers as domestic helpers have to
pay more salary to them as they will give to a female worker. The working hours for most
workers were included between 10-14 hours each day while among part time females the
working hours were between 5-9 hours per day. Even though the working hours of female part
time workers were less, they worked in more than 1 household each day. They try to give 1
hour at each household where they do various different works. Almost half percentage of the
part time female worked in one for 8-9 hours. Among the rest of the workers the majority of
respondents said that they worked in one household. The domestic workers had a mixture of
responses for their resting periods. In general, if the percentage was calculated for all the
responses it will be found that most of the workers got time to rest in between their working
hours. Even though the resting hours varied in hours but the worker did get some time to rest
starting from less than an hour to more than 2 hours per day.

Division of Full time Part time Full time Part time Total
leaves taken female female male workers male workers percentage
workers workers
No leaves 21 39 19 21 45%

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 Once a week 21 2 44 30%
Once a 1 14 1 5 10%
month
Twice month 2 14 2 4 10%
More 0 8 0 2 5%

Table 2 : No. of leaves taken in monthly basis by the domestic workers

Division of Full time Part time Full time Part time Total
the leaves female female male workers male workers percentage
taken workers workers
No leaves 2 28 10 18%
Less than 7 36 8 12 29%
days
More than 15 32 16 54 53%
days

Table 3 : No. of leavs taken in yearly basis by the domestic workers.

In table-2 and table-3 the leave taken by the domestic workers in monthly and yearly basis have
been shown. From the above tables, it can be said that the female part time workers do not take
much leaves as they feel their living and working conditions are poor and that is the reason
they only prefer to take leave at the time of emergencies.

Among the migrant workers including male and female, the leaves are not taken in weekly or
monthly basis but on a yearly basis. Every once a year they visit their native place. Among rest
of the remaining workers the leaves were taken in a weekly basis which automatically increased
the total number of leaves in a year.

Almost all the workers responded that they were not mistreated in the workplace. While a small
section of respondents said that they face verbal abuse, reduction and late payments in salary
or no grant for leaves. The majority of the respondents said that they do not have any paid
leaves which they are informed by the employers while they start working. Some of the workers

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were not facing any mistreatment in current household but had faced sexual and verbal abuse
in their previous household but they never filed any complaint against the employer.

A majority of respondents were the only earning member in their family. The domestic workers
had difficulty in managing their living conditions with the amount of salary received. But
among the workers who received a good amount of salary it was manageable but for others,
especially female workers it was a difficult work to handle their household as they were the
highest earning member of the family and their earning was very less to fulfill the needs and
requirements of the household. Male workers were the highest earning member of their families
and most of their spouse was housewives. Among female workers even though their husbands
were working but their salary was either less or equal to the female workers.

The relationship of the workers with their spouse and children were quite good. Only a small
section of workers said that they did not have a good bond with their spouse. The workers were
of the opinion that the communities where they stay help them a lot at the time of any crisis
which is not given much from their own relatives. The workers were of the opinion that the
government does not provide any help to them in any terms. Some of them said that they have
BPL cards, which help them in getting discount in ration and medical help but it is not enough
for them. They still have to take loans from other higher authorities, most of the time from their
employers and by the end of the month they do not have any savings.

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 6. RESEARCH FOR ORGANIZING TOOL

Survey Template

Surveyor Name: INDRAJEET KUMAR, Date: 27TH JUNE 2019

Site of Survey: Gopalganj

The purpose of this survey is to document working conditions for domestic workers. This
information will help to establish more rights and higher labor standards for domestic workers.

All information is confidential and anonymous.

Opening Questions

These questions will ask you about your work as a domestic worker. If you are currently
working, please answer the following questions about your current job(s). If you are
unemployed, please answer the questions based on the most recent job(s) you had.

1. Are you currently employed as a domestic worker?

•Yes

• No

(If No, ask #2, if Yes, skip to #3)

2. If you are unemployed, what month and year did your last job as a domestic worker end?

Mo______Yr_______

3. Which of the following tasks do/(did) you do at your job(s) as a domestic worker? (check
all that apply)

4. Who pays/(paid) your salary?

• An agency

• Family that I work for

• Not Sure

• Other:

5. In your last month of employment, how many different households did you do domestic
work for, including part time jobs?

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•1 •2 • 3 • 4 • 5 • 6

• More than 6

• Childcare

• Baby-nursing

• Elderly companion

• Provide medication

• House cleaning

• Laundry and Ironing

• Cooking

• Running Errands

• Home repairs

6. Are/were any of these jobs full time (40 or more hrs/week)?

•Yes • No

7. How many hours per week do/(did) you work in each household? (Write down hours worked
per most hours and ending with the least)

8. How many other workers, besides you, work in the household (s) where you work?

9. Are/(were) you a live-in employee for the household where you work(ed) the most hours?

•Yes/Live-in

• No/Live-out

10. On average, how much do/ (did) you get paid per week for all of your domestic work jobs?

_______Rupees per week

• Not Sure

Benefit Questions

For currently employed: Now I want you to think about the employer where you work the most
hours.

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For unemployed: Now I want you to think about your most recent employer, where you worked
the most hours. In the questions that come next, only answer for that employer.

SICK DAYS: First I’m going to ask you about sick days. These are days that you can take off
of work because of illness or injury; if you need to go to the doctor or if you need to care for a
family member that is ill or injured.

11. Do/ (did) you have an agreement with your employer about sick days?

•Yes • No • Not Sure

(If Yes, ask #12…If No or Not Sure, skip to 13)

a. Household 1_____hrs/wk

b. Household 2_____hrs/wk

c. Household 3_____hrs/wk

d. Household 4_____hrs/wk

e. Household 5_____hrs/wk

f. Household 6_____hrs/wk

a. Household 1___# workers

b. Household 2___# workers

c. Household 3___# workers

d. Household 4___# workers

e. Household 5___# workers

f. Household 6___# of workers

12. If you made an agreement with your employer about sick days, was the agreement kept or
broken?

• Agreement kept

• Agreement was broken

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• Not sure

• N/A

13. In your last year of employment, did you take any sick days? (If yes, how many days did
you take?)

•Yes____# of days

• No

• Not Sure

(If Yes, ask #14…If No or Not Sure, skip to 15)

14. Are/ (were) the sick days paid or unpaid?

•Paid

• Unpaid

• Both paid and unpaid

• Not Sure

15. What is the maximum number of paid sick days that you can/(could) take per year? (if
none, write zero)

___# of days

• Not Sure

• N/A

16. What is the maximum number of unpaid sick days that you can/ (could) take per year? (if
none, write zero)

___# of days

• Not Sure

• N/A

17. If you don’t/(didn’t) use your sick days in a certain amount of time, what happens?

• I get paid for the sick days I didn’t use Days roll-over to the next year

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• I lose the sick days

• Not Sure

• Other:______________________

• N/A

18. How comfortable or uncomfortable do/(did) you feel talking with your employer about sick
days?

• Very Comfortable

• Comfortable

• Somewhat Comfortable

• Uncomfortable

• Very Uncomfortable

• Not Sure

19. In your last year of employment, how many times did you go to work, even though you
were sick?

• Never

• 1-2 times

• 3-5 times

• More than 5 times

• Not Sure

RESEARCH FOR ORGANIZING TOOL

Current Demographic Information (See Sample Demographic Questions for more options)

Age:

• 20yrs or less

• 21-31yrs

•32-42yrs

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• 43-53yrs

• 54-64yrs

• 65yrs and older

Gender:

• Female

• Male

• Transgender

• Other:____________

Race/Ethnicity:

• African American

• Caribbean

• Latino/a

• White

• South Asian

• East Asian

• Other:_____________

Do you have children?

• Yes

•No

Number of children:

•1

•2

•3

•4

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•5

• More than 5

Neighborhood(s)/ zip code where you work:______________________

zip code________________

Neighborhood/zip code where you live: __________________________

zip code________________

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 7. CONCLUSION
Migrant domestic workers face many legal and practical obstacles to the enjoyment of their
human rights. Those that are in an irregular situation rarely have easy and effective access to
services and benefits, including social security and health care. They also endure discrimination
and abusive work conditions and are often unable to challenge their ill-treatment. Women
domestic workers, hidden away in private households, are frequently exposed to sexual and
gender-based violence and forced confinement. In some countries they are subject to invasive
medical tests, can be fired if they become pregnant and are not permitted to marry. If they flee
abuse, they may face arbitrary or prolonged detention. Domestic workers tend to live and work
in the shadows, and are often explicitly excluded from the protection of domestic abour laws.
They may live in substandard accommodation, with little privacy, and are often unable to freely
meet friends and associates, or practise their religion. Afraid to complain for fear of arrest,
detention and deportation, many live in anonymity and isolation.

Despite the fact that they do crucial work, such as caring for children and the elderly, cooking,
cleaning, running households, and enabling other women to enter and remain in the workforce,
migrant domestic workers in an irregular situation are often not regarded as workers. In the
worst cases, they are not even considered to be fully human beings; or in the words of the
Universal Declaration of Human Rights to be “free and equal in dignity and rights” (art. 1).
States have a particular duty to protect irregular migrant domestic workers, because in certain
respects they face exceptional risks. More generally, migrants are entitled to the same rights
that all people enjoy under international law. Migrant domestic workers make a distinct and
important contribution to society which should be acknowledged and valued. It is time that the
human rights of all migrant domestic workers were protected, respected and fulfilled.

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 BIBLIOGRAPHY

 Economic, Social and Cultural Rights of Migrants in an Irregular Situation (United

Nations publication, Sales No. E.14.XIV.4).
 ILO, Domestic workers across the world: Global and regional statistics and the extent
of legal protection, 2010.
 UN-Women and ITUC, Domestic Workers Count Too: Implementing Protections for
Domestic Workers, 2013.
 European Union Agency for Fundamental Rights (FRA), Migrants in an irregular
situation employed in domestic work: Fundamental rights challenges for the European
Union and its Member States, 2011.
 Anti-Slavery International, “Home truth: Wellbeing and vulnerabilities of child
domestic workers”, 2013.
 Human Rights Watch, “Decent work for domestic workers: The case for global labor
standards”, 2009.
 International Council on Human Rights Policy, Irregular Migration, Migrant
Smuggling and Human Rights: Towards Coherence, 2010.
 International Trade Union Confederation, Decent work, decent life for domestic
workers, 2011.

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