Umakanthan53
Labour Law & Hr Consultant
Vedalcm
Corporate Legal Counsel
+2 Others

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Hi friend there are so many labour laws applicable workers in an establishment. Are these acts be applicable to drivers and servants working in the residential houses ?. Please assist me.
Dear Raghavan,
Labour Laws applicable to industrial establishments do not cover domestic employment. However, there is no ban on the power of the Government to regulate the working conditions of domestic labour by appropriate legislation in the interest of social justice.

Labour laws are not applicable to personal services.However please see,as Mr.umakantan said, whether your State has enacted any law regulating the services conditions of domestic workers or in un-organised sector.
B.Saikumar
HR & Labour Law advisor

All,
As such non of the labour legislation shall applicable to domestic workers, Whereas most of the state government and even central government issued the guideline for protect the domestic workers.
cheer up
VEDA
www.vedalegal.com

But Kerala govt has w.e.f m,arch 2010 fixed minimum wages for domestic workers including gardeners ,drivers cooks cleaners ,home nurses etc.
Dear Verghese Mathews, whether the minimum wages are applicable even if the drivers and gardeners are employed by individuals in their personal capacity but not by establishments? B.Saikumar
Mr Saikumar
The GO says that MW is for domestic works.There is no indication that it is meant for establishments .It includes works like sweeping clothes washing cooking purchase of provisions and vegetables child care escorting children to school vehicle driver gardener home nurse security etc.

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