In pursuit of better rights

After what had begun to appear as a stale mate, the government has finally approved of the Draft Policy for Domestic Workers. The policy was endorsed and subsequently given a go-ahead in a regular cabinet meeting chaired by Prime Minister Sheikh Hasina, on 21 December 2015.

As per the new policy, the employer is now mandated to ensure a domestic help's salaries bearing in mind that it serves enough for living a respectful life in society; for part-time domestic helps, the salary determination is to be in light of the work type they undertake or the number of hours they labour. Any clothing or other forms of supplementary arrangements, however, are to be excluded from the salary arrangement.

In case of engagement of a domestic help, it has to be done in compliance of the provisions of Bangladesh Labour Law 2006.For an individual of 12 years of age, the employer must negotiate the terms with a legal guardian of the child, in the presence of an independent witness. The arrangement is to include work responsibilities, date of appointment, leisure periods, food, accommodation and health allowances. In respect to the provision on ages, nothing has been mentioned in regards to education of domestic helps yet to reach adult hood. Despite the ILO recommending that the minimum age for work should not be below the age for finishing compulsory schooling and in any case not less than 15.

But this leaves a room for doing more good than bad. It's dubious as to what role this policy will try to achieve in explicitly allowing under age (read 14 years of age) children to be in employment subject to discussion and negotiation with their legal guardians. As the under age children seeking such prospects will tend to be from impoverished background and as precedent shows, their guardians will often consciously ignore occupational hazards to what can be bluntly put as “to bring home the bacon''

Furthermore, what is to be the maximum age of employment in Bangladeshi context? Violence against elderly household helps is not entirely unheard of, as recently unraveled through a TV channel crew.

The employer must take into consideration any detrimental effect that the type of work may have in the health or in the proper growth of the child, as stated in the policy.

The policy also requires the employer to distribute work hours ensuring proper rest, sleep, entertainment and leaves. It is a requirement that they will ensure a safe space for the domestic helps to take rest while off duty and also provide them scopes to say prayers according to their religion. The help may avail paid holidays, provided that they have taken approval from the employer.

In addition, an expectant is entitled to 16 weeks of paid maternity leave.

In times of sickness, the help is to abstain from work responsibilities and the employer will have to pay for all necessary treatments, says the policy. The employer will be under the obligation to compensate for any accidents, including treatment expenses, arising out of the employment. Perhaps, it would have been a more nuanced approach if compulsory health screening was provisioned in regards to matters of health, thus balancing interests of both the employer and the domestic help; a preventive measure rather than what is apparently punitive.

The ministries of labour and employment, home, social welfare, women and children affairs will provide clear and concise regulations regarding harassment and violence issues.

Cases of sexual harassment, physical or mental abuse are to proceed at Government expenditure. Sexual harassment prevention is to be done in accordance with the guidelines of Bangladesh Supreme Court.

The employer is now entitled to legal regress if the domestic help causes harassment, physical or mental violence on children, ill or old people of the employer's family. Local police stations may record document photos and details of domestic helps when they are appointed, as a means of background check or safety precaution. The employer may file general diary with local police if the domestic help leaves without any notice. He or she will be able to take legal regress if the help flees after stealing money or properties. In case of dismissal, the domestic help and the employer will have to notify the other party, one month prior to their resignation or dismissal. Immediate termination will come with a month's salary from the employer.

Though the policy has its pitfalls, nevertheless, it is to be met with a warm welcome. As the only piece of legislation that had previously come closer to governing domestic workers was the Domestic Servants' Registration Ordinance 1961, which fell short in considering socioeconomic changes that followed its implementation.

The writer is a student of Law, University of London International Programmes.