BANGLADESHI
middle class and upwards families are very much familiar with domestic worker,
though they do not recognize and even imagine them as “worker”. It is quite
impossible for them to pass a day without taking aid from a domestic worker.
However, who takes this great assistance from the domestic workers, they do not
recognize their right of minimum wages, allowances, working hours, healthy working
environment, maternity benefits, leave etc. Apart from these, some workers are
victimized by their employer and many of them are facing sexual harassments by
their lords.
Who
is Domestic Worker? Usually
domestic worker means a person do or help to do our household chores for money
or benefit. However, our existing Labour Law denies their rights and does not
include them as worker. The word “Servant” used by the Act is itself an
offensive word.
Nonetheless,
recently enacted the Domestic Violence (Prevention & Protection) Act, 2010 also
does not cover domestic workers under its purview. Only the Domestic Servants’Registration Ordinance, 1961 defines them as domestic servant among all others
laws in this country. However, the law again does not ensure any of the rights
or duties of the domestic workers rather it merely deals with the provision of
registration.
The
term “Domestic worker” is very recent trend to recognize them as worker. Formally
the Domestic Workers Convention, 2011 (Convention No. 189 of ILO) first
recognizes domestic work as “work” and persons engaged in this sort of work as
worker and also introduces a set rights for these workers. This work may
comprise cleaning house, cooking, washing, taking care of children/elderly/sick
members of a family etc.
Protection of rights of
domestic workers under the ordinary laws: Though there is no special law on domestic workers
but we have a constitution which has guaranteed some rights as fundamental
rights and enforceable by the court for every citizen of the country. Also there
are few ordinary laws, which can defend the rights of domestic workers as an
ordinary citizen of Bangladesh.
Among
them, the Nari O Shishu Nirjatan Daman Ain, 2000 can be used to punish
and prevent death, attempt to murder, grievous hurt or mutilation by using
corrosive, incendiary or poisonous substances (especially throwing of acid), trafficking
of women for prostitution and allied matters, trafficking and stealing of
children, rape etc. Although this Act of 2000 covers many aspects relevant for
domestic workers, it was promulgated to safeguard women and children in general
and no specific attention was given to the domestic workers.
However,
all criminal acts are adjudicated by criminal courts and tribunals and the
domestic workers, like any other citizen, are under the jurisdiction of these
criminal courts of the State. A domestic worker can take shelter of the PenalCode, 1860 to prosecute the culprits for culpable homicide, murder, hurt,
grievous hurt, wrongful restraint, wrongful confinement, assault, kidnapping,
abduction, rape, theft etc. There is however no statute that specifically deals
with domestic workers and declares an act to be a criminal act considering the
special circumstances of the domestic workers.
Whenever
a domestic worker starts to work in a household, there is an agreement between
the employer and the worker. This agreement is almost oral. The most important
terms of the understanding is often the amount of money the worker will get at
the end of the month as salary, though there may be other terms.
Everybody
shall be paid for his work on the basis of the principle ‘from each according
to his abilities, to each according to his work’. However, there is lack of law
which can determine minimum wages for every sorts of domestic worker and can
ensure other employment rights as ensured for other workers.
One
can enforce his agreement by the Contract Act, 1872 if any breach has been
occurred. Moreover, in case of any violation of the service contract, or any
injury sustained by the worker, a case of compensation can be filed before the
civil courts.
Domestic
workers are mostly illiterate and unaware about their rights. Moreover, we have
no effective mechanism to inform them about these legal protections and cannot
bring them under the shield of the court of law. In addition, it is really
difficult for them to fight against their wealthy and giant bosses. Hence,
State should arrange such effectual machinery to inform them about their rights
and provide sufficient legal aid to these marginal people to fight against
suppression.
Safeguard
by the Judgment of the High Court Division: Bangladesh National Women Lawyers Association (BNWLA) Vs. Govt. of Bangladesh
is the first
judicial pronouncement to uphold the rights of the domestic workers
and recognize them as worker. The HCD directs that the children between the ages of 14 to 18,
who are engaged in the domestic sector, should be incorporated automatically
within the provisions of the Labour Act.
There
should be a system of registration and monitoring of all persons engaged in
domestic work. It also declared that the cases relating to the violence upon
the domestic workers must be monitored and prosecution of the perpetrators must
be ensured by the government. The government has a duty to protect all citizens
of this country, be they rich or poor.
Apart
from this, a draft policy titled ‘Domestic Workers Protection and Welfare
Policy, 2010’
had also been finalized about couple of years ago by the Ministry for Labour
and Employment. Despite the fact the policy is still under scrutiny and yet to
be implemented by the authority.
Employing
children in domestic work is a problem of our society, culture and economy. As
a consequence initiatives
have to be taken at first to keep child domestic workers away from exploitative
and dangerous works and to provide all of them safe and decent working
environment, appointment letter, identity card and other necessary things to
ensure the payment of their due wages and other rights as worker like other
workers.
Domestic work is particularly isolated in
nature as it is carried out in the home of the employer. Domestic service thus needs to
come under some form of private and public regulation, inspection and
supervision. Hence to protect the rights of the domestic workers there
needs to be in place a sound and functioning institutional framework that will
ensure that the legal provisions and policies are observed as well as enforced.
In addition, sufficient help centers should be established in different parts
of the country where domestic workers can seek help in cases of cruelty,
violence and a violation of their bill of rights.
Bangladesh is
obliged under both national and international law to protect and promote the
rights and interests of the domestic workers. The Constitution of the People’s
Republic of Bangladesh guarantees basic and fundamental human rights. Hence Bangladesh should become a signatory
State to the ILO C189 and should ratify the provisions into domestic law immediately.
A special piece of legislation for the domestic
workers could be a proper solution in this regard. However, mere enactment of a
new law may not be able to bring changes to the society. We need to change our
mind set up, otherwise the scenario will remain same. A more humanitarian
approach towards the domestic workers can ensure more contentment in the mind
of them.
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