Lok Sabha Question No. 4271 (UNSTARRED), answered on 2019-01-07
Subject: Ratification of ILO Convention 189
Ministry: LABOUR AND EMPLOYMENT
Asked by: SHOBHA KARANDLAJE, PRATHAP SIMHA

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

## UNSTARRED QUESTION NO. 4271 TO BE ANSWERED ON 07.01.2019

## RATIFICATION OF ILO CONVENTION 189

## 4271. KUMARI SHOBHA KARANDLAJE: SHRI PRATHAP SIMHA:

## Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether India is yet to ratify  the  ILO  convention  189  concerning  decent
- work for domestic workers and if so, the details thereof;
- (b)whether  there  is  any  mechanism  for  regulating  working  conditions  for domestic workers in the country, if so, the details thereof;
- (c)whether  the  Government  proposes  to  provide  old  age  pension,  health insurance and maternity benefits to domestic workers and also establish a
- domestic workers social security fund and if so, the details thereof;
- (d)the  names  of  the  States  who  have  included  domestic  workers  in  the schedule of the minimum wages act ;
- (e)whether the Government proposes to set up a central advisory committee consisting of persons representing domestic workers' and their unions/associations and if so, the details thereof; and
- (f)the  steps  taken  to  regulate  the  recruitment  and  placement  agencies  to avoid any harassment?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a): ILO  has  a  specific  convention  concerning decent work for domestic workers, i.e. C189Domestic  Workers  Convention.  2011  (No. 189). The convention  was  adopted  after  a  dual  discussion  at  the  10 th   International Labour Conference session on 16 June 2011 and entered into force on 05 sep 2013.The Convention was adopted with the wide support of 185 countries. India  also  supported  the  adoption  of  the  convention.  The  convention  C189 supported by a Recommendation 201- Domestic Workers Recommendation, 2011  (No.  201),  which  was  also  adopted  on  the  same  day.  India  has  not ratified the Convention yet. In India, an ILO Convention is ratified only when the  national  laws  and  practices  are  brought  fully  into  conformity  with  the provisions of the Convention in question. India has not been able to ratify C189 as at present legislative framework does not cover all provisions of C 189.
- (b): Discussions are under way regarding a Policy for Domestic Workers. The salient features of the draft policy are as under:-

- i.
- Inclusion of Domestic Workers  in the existing legislations
- Domestic  workers  will  have  the  right  to  register  as  unorganized workers.  Such  registration  will  facilitate  their  access  to  rights  &
- ii. benefits accruing to them as workers.
- iii.
- Right to form their own associations/trade unions
- iv. Right  to  have  minimum  wages,  access  to  social  security,  protection from abuse, harassment, violence
- v. Right to enhance their professional skills
- vi.
- Protection of Domestic Workers  from abuse and exploitation
- vii. Domestic Workers to have access to courts, tribunals, etc.
- viii. Establishment of a mechanism for regulation of concerned placement agencies
- ix. Establishment  of a grievance  redressal  mechanism  for  domestic workers.
- (c): The central Government has enacted the Unorganized Workers' Social Security  Act,  2008  for  providing  social  security  to  all  unorganized  workers including domestic workers. The Act provides formulation of social security schemes viz life and disability cover, health and maternity benefits & old age protection by the central Government. The state Government are mandated under  the  Unorganized  Workers'  Social  Security  Act,  2008  to  formulate suitable welfare schemes for unorganized sector workers including domestic workers  relating  to  provident  fund,  employment  injury  benefits  housing, education  schemes  for  children,  skill  up  gradation  of  workers,  financial assistance & old age homes.

The Central Government in 2017 converged the social security scheme of  Aam  Aadmi  Bima  Yojana  (AABY)  with  Pradhan  MantriJeevan  Jyoti  Bima Yojana  (PMJJBY)  and  Pradhan  Mantri  Suraksha  Bima  Yojana  (PMSBY)  to provide life  and  disability  coverage  to  the  unorganised  workers,  depending upon  their  eligibility.  The  converged  PMJJBY/PMSBY  scheme  is  for  the beneficiaries in the age group 18-50 years and provides for coverage of Rs. 2 lakh, in case of natural death and Rs. 2 lakh, in case of accidental death. The converged schemes are being implemented through Life Insurance Corporation  of  India.  A  premium  of  Rs.  342  (330+12)  per  annum  would  be required for the converged schemes. The premium would be shared between the State Government     and the Central Government in the ratio of 50:50. This Ministry has urged all the State/UTs Governments to give their financial concurrence to cover 50 percent of the premium for all eligible unorganised workers.  Around  2.83  crore  beneficiaries  have  been  covered  under  this scheme.  The  Central  Government  has  also  launched  the  Ayushman  Bharat Yojana  which  will    cover  10  crore  poor  and  vulnerable  families  providing coverage up to Rs. 5 Lakhs  per family  per year  for secondary and  tertiary care  hospitalization.  This  scheme  will  also  cater  to  eligible  domestic workers.

(d): The State Governments of Andhra Pradesh, Bihar, Jharkhand, Karnataka,  Kerala,  Odisha,  Rajasthan,  Haryana,  Punjab,  Tamilnadu  and Tripura have included domestic workers in the schedule of Minimum Wages Act.

(e) & (f): The Ministry of Labour is working on a draft policy for regulation of placement agencies for domestic workers in consultation with the ILO and other Stakeholder. Further, action is being taken to extend the purview of the draft  policy  to  include  in  it  other  placement  agencies,  which  deal  with placement of other kind of workers also. An advisory has also been issued to the  State  Government/UTs    requesting  them  to  take  necessary  steps  for making legislation/ /policies for protection of domestic workers from exploitation by unscrupulous agents / unregistered placement agencies.

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