By
Salman Yousaf Khan
Advocate High Court & Ex-Candidate
Member National Assembly, NA-48, Islamabad
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Domestic Workers
There
are over 8.5 million domestic workers living in Pakistan. They have miserable
lives despite the fact that they make up to 73% of total workforce in the
country. There lifestyles are miserable as they live in poor economic
conditions with having no rights. There is no law in the country that gives
them any rights and creates liabilities accordingly.
International Labor
Organization C-189
There is an international
convention passed by ILO on June 16, 2011 regarding the rights of Domestic
Workers. Pakistan has not ratified the convention so far despite the fact that
it is a member state of ILO.
Domestic Workers Bill 2013
In the Senate of Pakistan, a
private member bill by the name of Domestic Workers Act, 2013 has been filed by
Senator Osman Saifullah in January 2014. The bill is under discussion in the
Senate of Pakistan. It will become law once it’s passed.
Salman Yousaf Khan on Domestic Workers Bill
Salman Yousaf Khan has carefully
perused the Domestic Workers Bill and wrote several articles on it. He has
pointed out the gaps in the bill at several occasions. He has further given few
recommendations on the bill which are highly appreciated at many forums.
He was invited by a
Non-Governmental Organization to address his point of view on the Domestic
Workers Bill. He explained the bill in front of Journalists from Islamabad. He
pointed out that the bill is a very positive step in the legislation regarding
the domestic workers in Pakistan. However, Salman Yousaf Khan being an advocate
of women rights has rightly pointed out that there are following problems in
the bill which should be addressed immediately:-
-
The composition of dispute resolution committee
should be part of the Act.
-
The procedure to be followed by dispute
resolution committee should be part of the Act.
-
Compensatory fine of up to 100,000 Rupees is too
much, domestic workers are not in a position to pay that fine in case of
violation.
-
The violation shall be to the contract not to
the Act.
-
The maximum working hours should be 8 rather
than 12.
-
The dispute resolution committee shall have the
powers of a session judge while the appellate forum shall be equal to High
Court. Further appeals to the decision of appellate forum shall be barred.
-
The dispute resolution committee shall be
empowered to entertain all complaints. It shall have the powers to take
cognizance of criminal charges also.
-
The Act shall be made in way that its practical
implementation is simpler.
-
There shall be a governing body regulating the
contract between employers and employees.
-
Domestic Workers may be insured so that their
legatees get some benevolent fund in case of accidental death.
-
There shall be old age benefit allowance to the
domestic workers in case if they are barred to work above the age of 60 years.
-
There shall be free education to the children of
domestic workers as promised in article 25-A of the constitution.
-
The law must not be limited to the domestic
workers that reside at the place of employer.
-
There shall be hourly wage fixed for a domestic
worker in the Act rather than putting all the domestic workers in the ambit of
minimum wages on monthly bases.
The session was concluded with
question and answer session followed by hopes to get the law passed after
removal of gaps in the times to come.
Long Live Pakistan
Pakistan Zindabad
