Are Labor Laws Relevant for Drivers and Servants in Private Homes? Let's Discuss!

There are so many labor laws applicable to workers in an establishment. Are these acts applicable to drivers and servants working in residential houses?

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 labor 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 service conditions of domestic workers or in the unorganized sector.

B. Saikumar HR & Labour Law Advisor

All,

As such, none of the labor legislation shall be applicable to domestic workers. However, most state governments and even the central government have issued guidelines to protect domestic workers.

Cheer up,
VEDA
www.vedalegal.com

But the Kerala government has, with effect from March 2010, fixed minimum wages for domestic workers, including gardeners, drivers, cooks, cleaners, home nurses, etc.

Dear Verghese Mathews,

Are minimum wages applicable even if drivers and gardeners are employed by individuals in their personal capacity and not by establishments?

B. Saikumar

Mr. Saikumar,

The General Order states that Minimum Wage is for domestic works. There is no indication that it is meant for establishments. It includes tasks such as sweeping, clothes washing, cooking, purchasing provisions and vegetables, child care, escorting children to school, driving vehicles, gardening, providing home nursing, security, etc.

Thank you.