LHC orders govt to enforce Domestic Workers Act

LAHORE: The Lahore High Court has directed the provincial government to ensure enforcement of Punjab Domestic Workers Act 2019 and suggested that a day in the year may be notified as a “Domestic Workers Day” along with the “Labour Day” to share sympathies with the domestic workers.

“The Non-Governmental Organisations (NGOs) should also come forward to play their due role in creating awareness among the general public regarding domestic workers’ rights. A comprehensive social and electronic media campaign be launched by the government for creating awareness amongst people regarding plight of domestic workers and aforesaid new enactment,” Justice Jawad Hassan remarked in a detailed verdict issued on a petition demanding rights for the domestic workers.

The judge directed the provincial government to frame rules for effective implementation of the Act by reflecting it in the schedule 2 of Punjab Government Rules of Business, 2001 and to make all the rules as prescribed under Section 2(q) read with Section 38 of the Act of 2019 to enable the departments concerned to applicable the law in letter and spirit.

The judge ordered the government to establish without any delay the authority/governing body as envisaged in the Act and notify all the measures to make the Act of 2019 functional as it is necessary to protect domestic workers rights, regulate their terms of employment and working conditions of service, provide them social protection and ensure their welfare.

A citizen, Subay Khan, had filed the petition through Advocate Sheraz Zaka for the enforcement of domestic workers basic rights with a direction to the government to initiate proper legislation for them.

The Domestic Workers Act carries a ban on children below age of 15 years to work as domestic worker. The new law says no child under the age of 15 years shall be allowed to work in household in any capacity and domestic workers shall not be employed under bonded labour system.

Any employer if fails to comply with provisions of the Act or abuse a worker shall, on conviction, be punishable with fine or imprisonment for a term, which may extend to one month if he/she engaged a child below the age of 12 years and in case of a child under 15 years by fine which may extend to Rs50,000 but shall not be less than Rs10,000.

He said every employment or appointment of a domestic worker shall be subject to issuance of letter of employment in a prescribed “Form” showing terms and conditions of employment, including nature of work and amount of wages etc.

As per the law, domestic workers’ shifts will be limited to eight hours, whereas special courts and committees will be formed to resolve their problems.