Punjab Domestic Workers Act 2019
Punjab Domestic Workers Act 2019, domestic employees will get registered throughout the province.
THE PUNJAB DOMESTIC WORKERS ACT 2019 Details:
An Act to provide for the regulation of employment of domestic workers in Province of the Punjab.
It is necessary to protect the rights of the domestic workers, to regulate their terms of employment and working conditions of service, to provide them social protection and ensure their welfare and to provide for the matters ancillary thereto;
Prohibition on employment.– No child under the age of 15 years shall be allowed to work in a household in any capacity:
Provided that no domestic worker under the age of 18 years shall be engaged in a domestic work except involving light work in a household.
Explanation: “light work” means a domestic work which is part-time in nature and is not likely to harm health, safety and education of a domestic worker.
Rights and entitlements of domestic workers.– (1) A domestic worker shall not be employed under the bondedlabour system or forced or partly forced labor system.
(2) No domestic worker shall be discriminated in recruitment, continuance of employment, deciding wages, benefits and other rights on grounds of religion, race, caste, creed, sex, ethnic background, and place of birth/residence, domicile, migration or any other reason.
(3) The domestic worker shall be addressed as “domestic worker”, not “servant”.
(4) No extra work may be assigned to the domestic worker without free will of the domestic worker and extra remuneration.
(5) The employer shall provide dignified working conditions and occupational safety and health measures to the domestic worker.
(6) The benefits for a domestic worker shall include sickness benefits and medical care during sickness and medical care of dependents, injury benefits, disablement pension and survivor’s pension under the Punjab Employees Social Security Ordinance, 1965 (X of 1965) and the rules made thereunder.
Employment on work.– (1) Every employment or appointment of a domestic worker shall be subject to issuance of a letter of employment in the prescribed form showing the terms and conditions of his employment including nature of work and amount of wages.
(2) The employer shall send a copy of the letter of employment issued under subsection (1) to the Inspector concerned, and the employer may keep a copy of identification documents of a domestic worker during the course of employment.
(3) An employer shall, within sixty days of the commencement of the Act, arrange for the issuance of a letter of employment under subsection (1) to each of the domestic workers employed on work in a household.
(4) No domestic worker shall be required to perform any work other than what is specifically mentioned in the letter of employment.
(5) No domestic worker shall be required to work for more than eight hours in a day, however, a domestic worker, at free will, may work for such time duration and for such remuneration as may be prescribed.
(6) Any work by a domestic worker in excess of forty eight hours shall incur over time rates as may be prescribed, and weekly working time shall not exceed fifty six hours.
Leave and holidays.– (1) Every domestic worker engaged in domestic work shall be entitled to a holiday of at least one whole day in a week.
(2) Every domestic worker shall be entitled to sick leave with full wages for a total period of eight days in a year and such leave, if not availed of by a domestic worker during that calendar year, may be carried forward, but the total accumulation of such leave shall not exceed sixteen days at one time.
(3) Every domestic worker engaged in domestic work shall be entitled to ten days festival holidays with full wages in a year, and the days and dates for such festival holidays shall be agreed between the domestic worker and the employer in the beginning of the calendar year.
(4) A female domestic worker engaged in domestic work shall be entitled to six weeks maternity leave.
Wages during leave or holiday period.– (1) For each day of the leave or holidays allowed to a domestic worker under subsections (1), (2) and (3) of section 6, the domestic worker shall be paid at the rate equivalent to the daily average amount, which, during the three months period preceding the leave or holidays, was being paid to the domestic worker.
(2) A domestic worker, who has been allowed leave under subsection (2) of section 6 for any period not less than four days, shall, before the leave begins, be paid his wages for the period of the leave allowed.
Minimum wage.– (1) Every domestic worker shall be paid such wages within such period of time as may be provided in the letter of employment, but such wages must in no case be less than the wages specified by the Government under the Act.
(2) No employer shall pay to a domestic worker, remuneration payable, at the rates less favorable than those at which remuneration is paid to the domestic workers of the opposite sex performing same work or work of a similar nature or of equal value.
Maternity benefits.– A female domestic worker engaged in domestic work shall be entitled to maternity benefits with a minimum amount equivalent to six weeks wages in the prescribed manner but not less than the minimum wages notified by the Government.
Accommodation.– (1) Every employer, under express terms and conditions of employment, shall ensure to provide for the accommodation for live-in domestic workers who stays at place of work at his free will.
(2) Every employer shall ensure decent living conditions for a live-in domestic worker.
Medical examination, vaccination and inoculation.– Every employer, on yearly basis, shall ensure medical examination of a domestic worker in a household by a registered medical practitioner and such domestic worker shall also be vaccinated and inoculated against such diseases at such intervals as may be prescribed, and the expenses, if any, of such medical examination, vaccination and inoculation shall be borne by the employer.
Registration of domestic workers.– Every domestic worker, in order to benefit from the fund, shall make an application for registration in a manner as prescribed by the Governing Body, and every such domestic worker shall be provided by the Governing Body with a security number and identity card, which shall be renewable after completion of every three years:
Provided that none of the domestic workers shall be eligible to get more than one security number and identity card.
Registration of employers.– Every employer shall make an application for registration in a manner as prescribed by the Governing Body, and every such employer shall be provided with a registration number, which shall be renewable after completion of every three years.