Domestic workers face numerous challenges due to lack of legal protections and social security. They are excluded from most labor laws and make up one of the most vulnerable groups of informal workers. While domestic work employs millions worldwide and in India, it remains an unrecognized sector with low wages, long hours, and high risks of abuse for those in the occupation. Various efforts have been made through proposed bills and policies to regulate domestic work and protect the rights of these workers, but meaningful reform has yet to be achieved at a national level in India.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The document is a presentation on the Citizenship Act of 1955 and its amendments over time. It discusses the original act and the various ways Indian citizenship can be acquired, such as by birth, descent, registration, naturalization, or incorporation of territory. It also covers loss of citizenship through renunciation, termination, or deprivation. Several amendments are summarized, including the controversial 2019 amendment granting citizenship to religious minorities fleeing neighboring countries but excluding Muslims.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
The document discusses the history and classification of evidence in India according to the Evidence Act of 1872. It notes that the Act was introduced by the British to standardize the rules of evidence across different social groups in India. The Act classified evidence into three types - oral, documentary, and real evidence. Oral evidence includes direct, indirect, and hearsay evidence. Documentary evidence is classified as primary and secondary. Real evidence involves evidence presented directly through the senses. The document also discusses the legal concept of res gestae, which refers to words or acts that are so closely connected to an event that they are considered part of it.
India maintains a common law legal system inherited from the colonial era and
various legislations first introduced by the British are still in effect in modified
forms today. During the drafting of the Indian Constitution, Indian laws also
adhere to the United Nations guidelines on human rights law and the
environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of
marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, and followers of other religions.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
This document provides an overview of labour law in India. It defines key terms like industrial dispute and wages. It describes the objectives of labour law as promoting social justice, social security, and national economy. It categorizes labour laws into protective, regulative, social security, and welfare laws. The document also summarizes the Industrial Disputes Act of 1947, explaining its provisions for conciliation, courts of inquiry, labour courts, and tribunals for resolving industrial disputes.
1) Private international law governs issues related to marriage such as validity, dissolution, and inheritance across legal jurisdictions.
2) Generally, the law of the place where the marriage was solemnized (lex loci celebrationis) determines the formal validity of the marriage. However, some countries also consider the law of the domicile (lex domicilii).
3) In India, Hindu and Muslim marital laws have different requirements for a valid marriage. Under Hindu law, saptapadi is essential while Muslim law treats marriage as a civil contract requiring an agreement with witnesses.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The document is a presentation on the Citizenship Act of 1955 and its amendments over time. It discusses the original act and the various ways Indian citizenship can be acquired, such as by birth, descent, registration, naturalization, or incorporation of territory. It also covers loss of citizenship through renunciation, termination, or deprivation. Several amendments are summarized, including the controversial 2019 amendment granting citizenship to religious minorities fleeing neighboring countries but excluding Muslims.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
The document discusses the history and classification of evidence in India according to the Evidence Act of 1872. It notes that the Act was introduced by the British to standardize the rules of evidence across different social groups in India. The Act classified evidence into three types - oral, documentary, and real evidence. Oral evidence includes direct, indirect, and hearsay evidence. Documentary evidence is classified as primary and secondary. Real evidence involves evidence presented directly through the senses. The document also discusses the legal concept of res gestae, which refers to words or acts that are so closely connected to an event that they are considered part of it.
India maintains a common law legal system inherited from the colonial era and
various legislations first introduced by the British are still in effect in modified
forms today. During the drafting of the Indian Constitution, Indian laws also
adhere to the United Nations guidelines on human rights law and the
environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of
marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, and followers of other religions.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
This document provides an overview of labour law in India. It defines key terms like industrial dispute and wages. It describes the objectives of labour law as promoting social justice, social security, and national economy. It categorizes labour laws into protective, regulative, social security, and welfare laws. The document also summarizes the Industrial Disputes Act of 1947, explaining its provisions for conciliation, courts of inquiry, labour courts, and tribunals for resolving industrial disputes.
1) Private international law governs issues related to marriage such as validity, dissolution, and inheritance across legal jurisdictions.
2) Generally, the law of the place where the marriage was solemnized (lex loci celebrationis) determines the formal validity of the marriage. However, some countries also consider the law of the domicile (lex domicilii).
3) In India, Hindu and Muslim marital laws have different requirements for a valid marriage. Under Hindu law, saptapadi is essential while Muslim law treats marriage as a civil contract requiring an agreement with witnesses.
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
The document discusses several key concepts relating to tax laws and litigation in India. It outlines 11 fundamental principles that should guide tax law design, including adequacy, equity, simplicity and predictability. It also describes constitutional limitations on taxation powers in India, important case laws, and distinguishes between taxes, duties, fees and cess. Other sections summarize tax avoidance versus evasion, double taxation, tax planning versus management, and mechanisms for resolving tax disputes such as appeals processes, advance rulings and advance pricing agreements.
This document summarizes the key provisions of the Maternity Benefit Act of 1961 in India and recent amendments. The key points are:
1) The Act provides maternity leave and benefits to women working in factories, mines, plantations, shops or other establishments with 10 or more employees.
2) It mandates that no woman shall be required to work for 6 weeks prior to delivery and is entitled to maternity benefits in terms of wages as prescribed.
3) To be eligible, a woman must have worked for her employer for at least 100 days in the 12 months prior to her expected delivery date.
4) Recent amendments have increased paid maternity leave from 12 to 26 weeks and allow
Hohfeld developed a theory of jural relations to clarify legal concepts like rights, duties, privileges, and powers. He identified 8 fundamental concepts - rights, privilege, power, immunity, no-rights, duty, disability and liability - and arranged them as "jural opposites" and "jural correlatives". For example, rights have a correlative duty, while privilege is the opposite of duty. His framework aimed to bring clarity to legal problems by distinguishing concepts often confused as rights, like liberties which are actually privileges. This theory provides jurists an important tool to accurately understand and solve complex legal issues.
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
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KANOON KE RAKHWALE INDIA
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The document discusses challenges to federalism in India. It outlines subjects that fall under national, state, and concurrent jurisdiction. It also notes that India has a single constitution, no dual citizenship, and states cannot secede or draw their own constitutions. The West Bengal v. Union of India case examined the legislative competence of parliament and sovereign authority of states. The Supreme Court ruled India's constitution is not a traditional federal one due to centralized authority and lack of separate state constitutions. Federalism in India is a dynamic concept that evolves over time based on contemporary needs.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The judiciary in India has a hierarchical structure of courts with the Supreme Court at the top, followed by High Courts in each state and union territory. Below the High Courts are district courts and subordinate courts that handle civil and criminal cases. The Supreme Court has original and appellate jurisdiction and ensures the independence of the judiciary from the legislature and executive. Key functions of the Indian judiciary include upholding the constitution, resolving disputes, protecting fundamental rights, assisting in lawmaking, and interpreting laws.
This paper focuses on various aspects of health care law including the constitutional perspective, obligations, and negligence of medical professionals and remedies available to
consumers of health care.
This document discusses child labour, including its definition, types, causes, sectors where it occurs, consequences, statistics worldwide and in India, relevant international conventions and laws, and actions that can be taken. It classifies child labour into three categories: work within the family, within the family but outside the home, and outside the family. The major causes of child labour are poverty, lack of education, tradition, and ignorance of consequences. It occurs widely in agriculture, manufacturing, and services. Consequences include stunted growth, perpetuation of poverty and illiteracy. There are over 200 million child labourers globally and many laws and organizations aim to address this issue.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Doctrine of Precedent - India, U.S and U.KIshaan Dang
The document discusses the doctrine of precedent, or stare decisis, in the Indian legal system and how it is similar to the British common law system. It outlines some key principles:
a) Lower courts are bound by decisions of higher courts in their jurisdiction, but decisions of other higher courts are only persuasive.
b) In cases of conflict between decisions of equal benches of the same high court, the later decision should be followed, though the rationale is also considered.
c) Larger benches of a high court are binding on smaller benches and coordinate benches.
Public international law vs private international lawWajid Ali Kharal
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
The document discusses the concept of domicile under succession law. It defines domicile as the place where a person has fixed their habitation with the intention of remaining there indefinitely. A new domicile can be acquired in three ways: by origin of birth, by operation of law such as marriage, or by choice by taking up residence in a new country. To acquire a new domicile by choice in Pakistan, a person must reside there for one year and then make a written declaration of their intention to acquire a Pakistani domicile by depositing it in the designated government office. A case study is also presented where a woman was granted additional marks for a teaching position based on her acquired domicile through marriage
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Domestic work has been growing in India due to urbanization and more women in the workforce. However, domestic workers lack legal protections and rights. Several draft bills have been proposed at both the national and state levels to regulate domestic work and protect domestic workers' rights, such as minimum wage, working hours, leave, and social security. Key challenges include organizing this dispersed workforce and clearly defining who constitutes a domestic worker. Overall the document discusses the growth of domestic work in India, efforts to legislate rights for domestic workers, and important issues to address in the legislation.
This document discusses social security for unorganized workers in India. It begins by discussing the International Labour Organization's emphasis on comprehensive social security. It then discusses social security provisions in the Indian constitution. It defines unorganized workers and sectors in India, which make up 93% of the workforce. The document outlines various central and state government welfare schemes for unorganized workers relating to health insurance, life insurance, pensions, housing, education, skills training, and more. It discusses the implementation of the Unorganized Workers Social Security Act of 2008 which established boards to formulate and review social security schemes.
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
The document discusses several key concepts relating to tax laws and litigation in India. It outlines 11 fundamental principles that should guide tax law design, including adequacy, equity, simplicity and predictability. It also describes constitutional limitations on taxation powers in India, important case laws, and distinguishes between taxes, duties, fees and cess. Other sections summarize tax avoidance versus evasion, double taxation, tax planning versus management, and mechanisms for resolving tax disputes such as appeals processes, advance rulings and advance pricing agreements.
This document summarizes the key provisions of the Maternity Benefit Act of 1961 in India and recent amendments. The key points are:
1) The Act provides maternity leave and benefits to women working in factories, mines, plantations, shops or other establishments with 10 or more employees.
2) It mandates that no woman shall be required to work for 6 weeks prior to delivery and is entitled to maternity benefits in terms of wages as prescribed.
3) To be eligible, a woman must have worked for her employer for at least 100 days in the 12 months prior to her expected delivery date.
4) Recent amendments have increased paid maternity leave from 12 to 26 weeks and allow
Hohfeld developed a theory of jural relations to clarify legal concepts like rights, duties, privileges, and powers. He identified 8 fundamental concepts - rights, privilege, power, immunity, no-rights, duty, disability and liability - and arranged them as "jural opposites" and "jural correlatives". For example, rights have a correlative duty, while privilege is the opposite of duty. His framework aimed to bring clarity to legal problems by distinguishing concepts often confused as rights, like liberties which are actually privileges. This theory provides jurists an important tool to accurately understand and solve complex legal issues.
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses challenges to federalism in India. It outlines subjects that fall under national, state, and concurrent jurisdiction. It also notes that India has a single constitution, no dual citizenship, and states cannot secede or draw their own constitutions. The West Bengal v. Union of India case examined the legislative competence of parliament and sovereign authority of states. The Supreme Court ruled India's constitution is not a traditional federal one due to centralized authority and lack of separate state constitutions. Federalism in India is a dynamic concept that evolves over time based on contemporary needs.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The judiciary in India has a hierarchical structure of courts with the Supreme Court at the top, followed by High Courts in each state and union territory. Below the High Courts are district courts and subordinate courts that handle civil and criminal cases. The Supreme Court has original and appellate jurisdiction and ensures the independence of the judiciary from the legislature and executive. Key functions of the Indian judiciary include upholding the constitution, resolving disputes, protecting fundamental rights, assisting in lawmaking, and interpreting laws.
This paper focuses on various aspects of health care law including the constitutional perspective, obligations, and negligence of medical professionals and remedies available to
consumers of health care.
This document discusses child labour, including its definition, types, causes, sectors where it occurs, consequences, statistics worldwide and in India, relevant international conventions and laws, and actions that can be taken. It classifies child labour into three categories: work within the family, within the family but outside the home, and outside the family. The major causes of child labour are poverty, lack of education, tradition, and ignorance of consequences. It occurs widely in agriculture, manufacturing, and services. Consequences include stunted growth, perpetuation of poverty and illiteracy. There are over 200 million child labourers globally and many laws and organizations aim to address this issue.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Doctrine of Precedent - India, U.S and U.KIshaan Dang
The document discusses the doctrine of precedent, or stare decisis, in the Indian legal system and how it is similar to the British common law system. It outlines some key principles:
a) Lower courts are bound by decisions of higher courts in their jurisdiction, but decisions of other higher courts are only persuasive.
b) In cases of conflict between decisions of equal benches of the same high court, the later decision should be followed, though the rationale is also considered.
c) Larger benches of a high court are binding on smaller benches and coordinate benches.
Public international law vs private international lawWajid Ali Kharal
This document provides an overview of public international law and private international law. It defines public international law as governing relations between states, covering areas like war, peace, diplomacy, human rights, and international organizations. Private international law deals with cases that involve foreign elements, raising issues of applying foreign law or involving foreign courts. The document then discusses sources, subjects, jurisdiction, and current trends in both public and private international law.
The document discusses the concept of domicile under succession law. It defines domicile as the place where a person has fixed their habitation with the intention of remaining there indefinitely. A new domicile can be acquired in three ways: by origin of birth, by operation of law such as marriage, or by choice by taking up residence in a new country. To acquire a new domicile by choice in Pakistan, a person must reside there for one year and then make a written declaration of their intention to acquire a Pakistani domicile by depositing it in the designated government office. A case study is also presented where a woman was granted additional marks for a teaching position based on her acquired domicile through marriage
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Domestic work has been growing in India due to urbanization and more women in the workforce. However, domestic workers lack legal protections and rights. Several draft bills have been proposed at both the national and state levels to regulate domestic work and protect domestic workers' rights, such as minimum wage, working hours, leave, and social security. Key challenges include organizing this dispersed workforce and clearly defining who constitutes a domestic worker. Overall the document discusses the growth of domestic work in India, efforts to legislate rights for domestic workers, and important issues to address in the legislation.
This document discusses social security for unorganized workers in India. It begins by discussing the International Labour Organization's emphasis on comprehensive social security. It then discusses social security provisions in the Indian constitution. It defines unorganized workers and sectors in India, which make up 93% of the workforce. The document outlines various central and state government welfare schemes for unorganized workers relating to health insurance, life insurance, pensions, housing, education, skills training, and more. It discusses the implementation of the Unorganized Workers Social Security Act of 2008 which established boards to formulate and review social security schemes.
Taking Occupational Health to the Unorganized Sector- Challenges and Opportun...Dr Rajiv Kumar Jain
Occupational Health and Safety cover for the unorganized sector can well be said as nonexistent.
Of the total employed population in the country during 2007 about 17 per cent was in the organized sector and 83 per cent is in the unorganized sector.
As per the International Labour Organisation (ILO) estimates, nearly 2 lakh workers die annually and about 1200 lakh are injured. Nearly 50 percent of these deaths and injuries occur in developing countries.
As far as occupational diseases are concerned, the absence of any national level statistics is partially compensated with independent studies reporting existence of many occupational diseases.
The overwhelming target population to be covered in the unorganised sector for the improvement of the safety and health status is a Herculean task to be achieved in a vast country like India. special cell with executive power attached to a government department in the Ministry need to be formed and this could be part of the proposed National Board of Occupational Safety and Health. In fact, the Board will be formed under a Government Legislation on Occupational Safety and Health (Safety and Health at Work Act), which the government is proposing to enact. This Board will be an apex body at national level to deal with matters connected with OSH issues of workers in all
sectors or economy and will assist the Government of India in the implementation of the National Policy on Occupational Safety and Health.
This document summarizes an intervention to improve conditions for home-based embroidery workers in Delhi, India. It begins with background on home-based workers globally and in India. It then describes the challenges faced by home-based embroidery workers in Delhi, including low and irregular incomes, lack of skills training, health issues, and lack of social protections. The intervention aimed to directly link embroidery workers to export companies to eliminate middlemen and increase wages. It was a partnership between SEWA Bharat, a women's organization, and the Ethical Trading Initiative to improve monitoring of international supply chains. The goal was to improve livelihoods and working conditions for home-based workers through this reorganization of the supply chain.
This document discusses the abuse and lack of rights faced by domestic workers worldwide. It notes that there are over 53 million domestic workers globally, most of whom are women and girls. Domestic workers have historically been excluded from basic labor rights and protections. However, in 2011 the International Labour Organization adopted Convention 189, which guarantees domestic workers the same rights as other workers, such as weekly days off, limits on work hours, and protections against abuse. The convention aims to regulate private employment agencies and prevent child labor. Several countries have since strengthened their laws to provide domestic workers with fundamental labor rights. Organizing domestic workers and advocating on local and international levels can help win increased dignity and respect for this workforce.
This document discusses the abuse and lack of rights faced by domestic workers worldwide. It notes that there are over 53 million domestic workers globally, most of whom are women and girls. Domestic workers have historically been excluded from basic labor rights and protections. However, in 2011 the International Labour Organization adopted Convention 189, which guarantees domestic workers rights such as weekly days off, limits on work hours, and protection from violence. The convention aims to provide domestic workers with the same rights and protections as other workers. Several countries have since strengthened their laws for domestic workers. Organizing workers and advocating for their rights continues to be important to fully achieve dignity and respect for domestic workers.
This document discusses the abuse and lack of rights faced by domestic workers worldwide. It notes that there are over 53 million domestic workers globally, most of whom are women and girls. Domestic workers have historically been excluded from basic labor rights and protections. However, in 2011 the International Labour Organization adopted Convention 189, which guarantees domestic workers rights such as weekly days off, limits on work hours, and protection from violence. The convention aims to provide domestic workers with the same rights and protections as other workers. Several countries have since strengthened their laws for domestic workers. Organizing domestic workers and advocating for their rights continues to be important to fully achieve dignity and fair treatment on the job.
Labour legislation in India deals with laws enacted to protect workers and regulate employment. The key objectives are ensuring fair wages, job security, healthy and safe working conditions. Labour laws originated due to weak labour unions and occupational hazards faced by workers. The establishment of the ILO influenced India to introduce important labour laws starting in the late 19th century, covering areas like working hours, wages, welfare, and dispute resolution. The overall goal of labour policy and laws in India is to balance workers' rights with economic development and industrial harmony.
The document discusses the large informal sector workforce in India and issues with implementing social welfare bills and schemes for informal workers. It notes that over 80% of scheduled castes, scheduled tribes, other backward classes and Muslims live below the poverty line. Many proposed solutions center around improving awareness of existing bills through mass media campaigns tailored to urban and rural areas. Challenges include corruption, lack of worker identification, and proper implementation. Improving implementation through dedicated teams, cells and boards could help more informal workers access social benefits.
The document discusses the unorganized sector in India. It begins by defining the unorganized sector and noting that it generates over 50% of India's GDP. It then outlines the key differences between organized and unorganized labor. It categorizes unorganized labor into four groups: occupation, specially distressed, service categories, and nature of employment. It details the characteristics of unorganized labor such as lack of protections, debt bondage, and irregular hours. It also discusses the advantages and disadvantages of working in the unorganized sector, such as direct interaction with employers but lack of job security. Recent government measures for the unorganized sector are also mentioned.
The document discusses protecting vulnerable informal sector workers in India through social security schemes. It outlines various informal sector jobs, major problems faced by these workers like poverty, casualization, gender inequality, child and old age labor. It then summarizes existing social security schemes and laws, and proposes comprehensive reforms like universalizing coverage, establishing a tripartite National Social Security Commission headed by the Prime Minister, utilizing local governments and organizations for implementation, and financing reforms.
Social security provides social and economic security to citizens. It includes programs that provide assistance for retirement, healthcare, unemployment, work-related injury costs. In India, social security is needed due to the large unorganized sector and lack of family support systems. The major social security laws in India are the Employees' State Insurance Act, Employee Provident Funds Act, Workmen's Compensation Act, Maternity Benefit Act, and Payment of Gratuity Act which provide benefits like medical care, income support for unemployment, maternity, retirement and death/disability. However, most social security programs only cover the organized sector leaving many vulnerable groups without coverage.
Invisible Sweatshop - The Plight of Home Care Workers in NYCTom Hilliard
This document summarizes a report on the plight of home care workers in New York City. It finds that home care workers earn poverty-level wages, often do not get enough work hours to be full-time employees, and are excluded from receiving overtime pay despite frequently working over 40 hours per week. Workers also sometimes must work unpaid "sleep-in shifts" for up to 10 hours. The report recommends reforms to improve wages, benefits, and job stability for these essential home care workers.
The document discusses challenges faced by India's large informal workforce and efforts made by the government to address these challenges. It notes that India will have 300 million new job entrants by 2025 who will likely join the informal sector due to lack of employment opportunities. Currently, the informal sector faces issues like lack of social security, low wages, gender discrimination, and poor working conditions. The government has introduced various schemes to help informal workers, but implementation remains a challenge. Moving forward, experts recommend increasing employment, formalizing the informal economy, extending social protection, and boosting productivity through training and development. A new department focused solely on the informal sector could help connect workers to skills training, unique digital identities, suitable jobs, minimum wages,
1) India has a workforce of 487 million people, with 94% or 457 million working in the informal sector, mostly in agriculture.
2) The informal sector lacks social protections like labor laws, income taxation, and employment benefits that are provided in the formal sector.
3) There is a need to reform laws to better protect informal workers through a unified social security law, enforcing minimum wage and other labor rights, and increasing vocational training opportunities.
Labour Welfare in the era of Globalization.pdfAmitSingh750546
Labour laws in India aim to protect workers from exploitation, provide compensation for injuries, and ensure fair wages and opportunities. Globalization has accelerated economic integration worldwide but also threatens workers' rights by allowing corporations to weaken labor standards. Post-independence, India enacted many laws establishing welfare programs for organized sector workers. However, conditions remain worse for unorganized sector workers who are casual and scattered. Recent efforts have sought to extend protections to all workers through self-help groups and new laws, but improvements are still needed to fully realize workers' welfare and rights amid globalization.
Social security scheme in unorganised sectors in tamil naduBhuvanesh Waran
The document discusses the Tamil Nadu Manual Worker Welfare Social Security Scheme, 2006. It provides an overview of the scheme, including its objectives to provide social security to manual workers in Tamil Nadu. It outlines the types of assistance provided, such as group accident insurance, education assistance, marriage assistance, maternity assistance, funeral expenses assistance, and natural death assistance. It also discusses the registration process for workers, requirements to renew registration, and cross-verification of assistance with other departments. In summary, the scheme aims to provide social security benefits to registered manual workers in Tamil Nadu.
This document summarizes information presented by S. Nazik IŞIK of the Working Group on Woman Home-based Workers to the Working Group on Eastern Europe and Balkans network meeting in Sofia, Bulgaria on February 25, 2012. The summary includes: an overview of the Working Group, its objectives to support home-based working women in Turkey; details on the situation of home-based work and legal rights for home-based workers in Turkey, including issues around organization, social security, and low wages; and key problems faced by both home-based workers and the self-employed, such as invisibility, lack of permanence, and exploitation by middlemen.
Labor relations refers to the relationships between employees and management. It covers the relationship between management and labor unions in unionized companies. A key role of personnel managers is to administer collective bargaining contracts with unions and solve problems that arise regarding labor legislation. Labor disputes arise due to dissatisfaction, irritation, complaints, grievances, or misunderstandings between employees and employers. Unions aim to promote and protect the mutual interests of workers through collective bargaining. They negotiate employment contracts with management and handle member complaints and grievances.
The document discusses the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. It was enacted to regulate the employment of inter-state migrant workers and provide protections for their working conditions. Key points include that the Act applies to establishments employing 5 or more migrant workers, and requires registration of employers and licensing of contractors. It aims to guarantee rights like minimum wages, equal pay, accommodation, medical facilities, and annual travel allowance for migrant workers. The Act is intended to protect vulnerable inter-state migrant workers in India.
Inter state migrant workmen(regulation and conditions of services
NIPCID PPT.pptx
1. Domestic workers are a part of global
workforce in informal employment or
unorganised sector
highly feminized sector: 80 per cent of all
domestic workers are women.
most vulnerable groups of workers
They work for private households, often
without clear terms of employment
excluded from the scope of labour legislation
Number of domestic workers
Worldwide: 67 million domestic workers (according to ILO)
India: 6-10 million domestic workers (studies presented like KPMG on
Draft National Policy)
It is a fast growing sector by 222% (Chandrashekar and Ghosh, 2007)
2. Domestic work
Full Time
Live –in
Stay at employer's house
for 24 hrs
Live –out
Work in one house hold &
go back to their family
Part Time
3. Problems
No decent wage &
working condition
No off Or leaves
No defined work
time
No social security
Violence, abuse
and sexual
harassment
No skill
development Or
career growth
Victims of
trafficking
4. 1. Migrant domestic workers are more prone to face
exploitation: Most of the domestic servants are migrants,
women, many are minors, and belong to the lowest end of the
economic spectrum. This makes them easy to replace, and easier
still to exploit. Indeed, hardly a week goes by without some news
report about a domestic help being abused by her employer.
Cases of torture, beatings, sexual assault, and incarceration are
common.
2. Insecurity at all levels due to absence of the proper laws &
legislations: Since they belong to the unorganized sector, there
are no laws safeguarding their rights – no minimum wage
requirements, no health or insurance benefits, and no job
security whatsoever. Neither the Maternity Benefits Act nor the
Minimum Wages Act or any of the scores of other labour laws
apply to domestic work.
3. Government negligence :The nexus of the state and the
market has managed to keep domestic work outside the realm of
economic regulation. (Although successive governments have
drafted policies, they are yet to become law.)
4. Job insecurity: Domestic workers can be hired and fired at
will. The employer has no legally binding obligations.
5. 5. Unrecognized nature of work: In a country where 93% of
the workforce is in the unorganised sector and therefore beyond
the purview of most labour laws, domestic workers represent a
new low in terms of disempowerment: they are not even
recognised as workers. Their work — cooking, cleaning, dish-
washing, baby-sitting — is not recognised as work by the state.
6. Domestic right’s are exploited: Apart from facing routine,
structural exploitation in the form of low wages, heavy
workloads, and long hours, domestic workers face graver
dangers, as is evident from cases of employers confining and
assaulting them coming to light with frightening regularity.
7. Work is not recognised as work: The inequality of domestic
workers’ circumstances is accentuated by the fact their
workplace falls within the privacy of the homes of people that
are invariably more privileged than they are.
6. • Unrecoginition of work :Their work — cooking, cleaning, dish-washing,
baby-sitting — is not recognised as work by the state.
• Domestic work as an economic activity is too vast and employs too many to
remain unregulated.
• Absence of laws and legislations: Neither the Maternity Benefits Act nor the
Minimum Wages Act or any other labour laws apply to domestic work.
• Job insecurity : Domestic workers can be hired and fired at will. The employer
has no legally binding obligations.
• Unorganization of domestic workers: Organising domestic workers has been
a huge challenge as the work place is inaccessible and multiple. As a result, the
demand for the better wages or working conditions through an organized union
has been weak
• India has not yet ratified ILO convention 189:India is a signatory to the
ILO’s 189th convention, known as the Convention on Domestic Workers; but
has not ratified it yet.
• Apart from the continue efforts, only little progress has been made : Little
progress has been made in passing Domestic Workers Welfare and Social
Security Act, 2010’ Bill.
7. • Exploitation of domestic workers at all levels : Certain categories of
domestic workers face specific working conditions that exacerbate the
disadvantages. Live-in domestic workers experience greater isolation,
less privacy and more limited mobility, work longer hours and receive
a larger share of payments in kind (such as board). Living conditions
are frequently sub-standard. They are also more vulnerable to
physical/sexual abuse by employers.
• Legislation to ensure protection to domestic workers: Migrant
domestic workers often live in the employers’ home, facing not only
the challenges of live-in domestics but also abuses within the
recruitment system and from police and immigration authorities,
including advance commission fees, withheld wages and passports,
and verbal, physical, or sexual harassment. To protect migrant
domestic workers, laws and regulations are needed at the
international level and in both sending and receiving countries.
• Protection from trafficking & Right to safe migration: Trafficked
domestic workers face the challenges of migrant domestic workers,
but these are compounded by the “extra-legal” operations of their
recruiters and the near-bondage conditions they may live in. Some
recruiters keep the workers’ passports.
• Minor domestic workers need special attention: Finally, child
domestic workers need special attention
8. 1. Domestic Workers (Conditions of Service) Bill, was introduced as private member bills in
Lok Sabha in following years: 1958, 1972 & 1977
2. The House Workers (Conditions of Service) Bill of 1989 & again in 1990 was introduced in
Lok Sabha – the main aspects of this bill was, it dealt with full time domestic workers and
the contribution from every employer for House Worker’s welfare fund.
3. The house maid and domestic workers(condition of service and welfare) Bill, 2004
4. Domestic Workers (Regulation of Employment, Conditions of Work, Social Security and
Welfare) Bill, 2008 by National Women Commission
5. The Domestic Workers Employment Rights Protection Bill, 2004 by SEWA- Kerala
6. Domestic Workers Regulation of Work and Social Security Bill 2017 prepared by National
Platform for Domestic Workers (NPDW) — a coalition of more than 20 organizations
working with domestic workers in over 15 states
9. 1. Union ministry of labour had created a Task
Force to Daft a National Policy for Domestic
workers in 2010-2011. but the policy was held
up by the parliamentary Standing Committee.
2. RSBY (Rashtriya Swasthya Bima Yojana) was
extended to domestic workers in 2011
3. Union ministry of Labour launched a pilot
projects to include domestic workers in ESI
(Employees' State Insurance)
4. Domestic workers are included in two ACT:
a. The Unorganized Workers’ Social Security Act, 2008
b. Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
10. State legislations
1. Tamil Nadu Manual Workers (Regulation
of Employment and Conditions of Work)
Act, 198
2. Maharashtra Domestic Workers Welfare
Board Act 2008
3. Private Placement Agency and Domestic
Workers (Regulation) Act, 2016
States have included ‘Domestic
Workers’ as a scheduled employment .
These states are:
1. Andhara Pradesh
2. Bihar
3. Jharkhand
4. Karnataka
5. Kerala
6. Ordisha
7. Rajasthan
8. Punjab
9. Tamilnadu
10. Tripura
11. Haryana
12. Dadra Nagar
11. • Work with dignity and respect;
• Recognition as workers
• Formal employment relationship
• Registration and with the Labour
Departments or board
• Ensuring minimum wage for domestic
workers as per their skill level.
• Wage Payment limit in kind .
• Wage to worker only in cash or in
bank accounts.
• Fix hours of work, overtime
payments , and adequate rest period
during the working hours and weekly
off;
• Leave ( Annual and Sick- should paid
leave)
• Social security coverage through
programmes of central and state
governments.
• Safe and healthy place to work
• If worker stay (insure privacy of
worker), and sufficient food to live-in
worker,
• Protection against sexual harassment
at the place of work as.
• Rescue of victim DW.
• Ensuring the protection, security, and
care of workers as well children
rescued from forced labour and child
labour, including victims of trafficking
for labour under existing legal
frameworks,
• Back wage recovery law,
• compensation and access to decent
employment and/or education and
skills, as appropriate.
• protection from hazards and
accidents at workplace;
• Pursue skills development and
professional training/studies or
distant education programmes at
her/his leisure time.
• Access entitlements, schemes and
benefits which are available or will be
made available to other categories of
workers.
• Freedom of Association and
Collective Bargaining;
• Access to justice, dispute resolution
and grievance redressal by suitable
mechanism. May be through the
board etc.
12. minimum standards set by ILO
•Basic rights of domestic workers
•Information on terms and conditions of employment
•Hours of work
•Remuneration
•Occupational safety and health
•Social security
•Standards concerning child domestic workers
•Standards concerning live-in workers
•Standards concerning migrant domestic workers
•Private employment agencies
•Dispute settlement, complaints, enforcement
Convention No. 189
Decent work for domestic workers
13. Convention No. 189
Decent work for domestic workers
What is Convention No. 189 about:
Convention No. 189 offers specific protection to domestic workers. It lays down
basic rights and principles, and requires States to take a series of measures with a
view to making decent work a reality for domestic workers.
Definitions under ILO Convention No. 189
Domestic work: “work performed in or for a household or households” such as
cleaning the house, cooking, washing and ironing clothes, taking care of children, or
elderly or sick members of a family, gardening, guarding the house, driving for the
family, even taking care of household pets.
Domestic workers: “any person engaged in domestic work within an employment
relationship”. A domestic worker may work on full-time or part-time basis; may be
employed by a single household or by multiple employers; may be residing in the
household of the employer (live-in worker) or may be living in his or her own
residence (live-out). A domestic worker may be working in a country of which
she/he is not a national.
Employers: a member of the household for which the work is performed, or an
agency or enterprise that employs domestic workers and makes them available to
households.
14. Ratified by countries
25 countries :
1. Argentina
2. Belgium
3. Bolivia, Plurination state
4. Brozil
5. Chile
6. Colombia
7. Costa Rica
8. Dominican Republic
9. Ecuador
10. Finland
11. Garmany
12. Guineca
13. Guyana
14. Ireland
15. Italy
16. Jamaica
17. Mauritius
18. Nicaragua
19. Panama
20. Paraguay
21. Philippines
22. Portugal
23. South Africa
24. Switzerrland
25. Uruguay
Convention No. 189
Decent work for domestic workers
15. • Comprehensive legislation :
• Right to register as a worker:
• Fair terms of employment, social protection and labour welfare:
• Model Contracts:
• Defining periods of work and rest:
• Wages:
• Right to skills development:
• Protection of domestic workers who seek work abroad:
• Regulation of recruitment and placement agencies:
• Grievance and Dispute resolution:
• Employers’ obligations:
• Registration of Workers’ Unions:
• Implementation Mechanism
• Amendment of legislations:
• The Trade Union Act 1926,
• The Payment of Wages Act, 1936,
• The Minimum Wages Act 1948,
• The Equal Remuneration Act 1976 ,
• The Inter-State Migrant Workmen (Regulation of Employment &
Conditions of Service) Act 1979.
• The Maternity Benefit Act 1961,
• Employees State Insurance Act, 1948
• Employees Provident Fund (MP) Act, 1952
• Industrial Disputes Act,1947
• Sexual Harassment of Women at Work Place (Prevention,
Prohibition & Redressal) Act, 2013.
• Hazardous list under the Child Labour (Prohibition and
Regulation) Act 1986.
16. • Mobilization
• staianing
• Project oriented approach
• Concept of one rupees per day
• Other sources
• union membership
• Responses to cases
• Leadership quality
• Finding leadership
• Individual cases fighting
• Networking- without resources issues handling
problem
• Recognatsation of work.
• Safety of staff ( rescue)
• Mechanism to help org in
• Networking with NGO but their roles they will see
• Small Size of unions
• Poor finance
• Multiplicity of union
• Lack of enlightened labour force
• Politicise