Domestic Workers (Registration, Social Security And Welfare) Act, 2008

Legislation and labour law that protects Domestic Workers in India. Get information on minimum wages, work hours and working conditions of domestic workers in India

The Act was introduced to regulate payment and working conditions and check exploitation and trafficking of women and other young household workers. Domestic workers are in the unorganized sector and unorganized, hence there are practical difficulties to cover them. Though applicable to both men and women, it assumes significance for women due to their presence in large numbers in the occupation. (Act is subjected to State legislation and therefore the State governs its implementation. However, Centrally notification date is still pending)

Registration as Beneficiary

The Act provides that every domestic worker who has completed 18 years of age, but has not completed 60 years of age, and is engaged in any domestic work for not less than 90 days in the preceding 12 months, can be registered as a domestic worker. (Section 16)

Hours of Work and Annual Leave with Wages

Any domestic worker (male or female) registered under the Act who lives in the premises where workplace is situated is entitled to daily rest period of at least 10 consecutive hours between ending and recommencing work. Also the domestic workers living in the house are entitled to annual leave with wages for at least 15 days. (Section 22)

Minimum Wages

All registered domestic workers should be paid minimum wages as per the Minimum Wages Act, 1948. (Section 22)

Safety & Penalty Provisions

The Act specifically makes provisions for penalty in cases where any person knowingly sends, directs or takes any girl or woman domestic worker to any place for immoral purposes or to a place where she is likely to be morally corrupted or in any manner sexually exploited. Such a person shall be subjected to imprisonment for a minimum period of 6 months which may extend upto 7 years and fine up to Rs. 50000 or both. (Section 23)

Disclaimer: This section provides only a brief of Indian legislation and should not be considered as legal advice.

Also Check: Other Women Legislations

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