Government Notice No. 223 of 2010
THE EMPLOYMENT
RELATIONS ACT 2008
Regulations
made by the Minister under section 93 of the
Employment
Relations Act 2008
1. These regulations may be cited as the Domestic
Workers (Remuneration) Regulations 2010.
2. In these regulations
—
"caretaker" means a worker who is employed
in an apartment house and is required to perform one or more of the following
duties —
(a) clean and maintain the yard of an apartment
house;
(b) clean and maintain the common parts of
the apartment house, including staircases;
(c) check all the lights of the apartment
house and replace fused bulbs;
(d) clean and maintain all drain pipes,
outlets, manholes, grease traps, gullies and other related equipment;
(e) clean and disinfect all water tanks and
garbage dumps;
(f) operate electric water pumps;
(g) any other cognate duties;
"cook" means a worker who is required to perform one or more of the
following duties —
(a) prepare and cook food for the household
members and guests;
(b) serve food to the household members and
guests;
(c) be responsible for —
(i) the cleanliness of the place of work;
and
(ii) the cleanliness of the crockeries,
cutleries, plates and utensils under his care;
(d) perform any other cognate duties;
"domestic
worker” means a worker listed in the first column of the First Schedule;
“driver" means a worker who holds a driving licence and who is required to perform
one or more of the following duties —
(a) drive a car for the transport of members
of the household or any other person at the request of the employer;
(b) run errands;
(c) be responsible for the daily maintenance
and cleanliness of the car;
"earnings"—
(a) means basic wages; and
(b) includes —
(i) wages for work done in excess of a
normal day’s work or on a public holiday;
(ii) remuneration paid under paragraphs 2, 5,
6, 7(1)(a), (3) and (6), 8 and 13 of the Second Schedule;
"gardener" means a worker who is required to perform one or more of the
following duties —
(a) plant, treat and cultivate flowers,
shrubs, trees and vegetables;
(b) mow lawns;
(c) trim hedges;
(d) maintain paths and gardens;
"garde-malade" means a worker who is employed
for the purpose of looking after a sick or a disabled person;
"house" —
(a) means a private dwelling or a bungalow; and
(b) includes the land attached to the private
dwelling or bungalow;
"household worker" means a worker who is required
to perform one or more of the following duties —
(a) undertake manual work in a house;
(b) run errands;
(c) baby-sit;
"household
worker/cook” means a worker who is required to perform one or more of the
duties of a cook and of a household worker;
“part-time worker”
means a domestic worker whose normal weekly working hours are less than those
specified at paragraph 1 of the Second Schedule.
3. (1) Subject
to the other provisions of these regulations, every domestic worker shall be —
(a) remunerated at the rates specified in the
First Schedule; and
(b) governed by the conditions of employment
specified in the Second Schedule.
(2) The rates specified in the First Schedule
are inclusive of the appropriate additional remuneration payable under the
Additional Remuneration (No. 2) Act 2009.
4. An agreement by a domestic worker to
relinquish his right to a paid holiday or to forego such leave shall be void.
5. (1) Nothing in these regulations shall prevent
an employer from —
(a) paying
a domestic worker remuneration at a rate higher than that specified in the
First Schedule; or
(b) providing him conditions of employment
more favourable than those specified in the Second Schedule.
(2) No employer shall —
(a) pay a domestic worker remuneration at a
rate lower than that specified in the First Schedule;
(b) alter a domestic worker’s conditions of
employment so as to make them less favourable than those specified in the
Second Schedule.
6. The Domestic Workers (Remuneration Order)
Regulations 1983 are revoked.
7. These regulations shall come into
operation on 1 December 2010.
Made
by the Minister on 23 November 2010.
FIRST SCHEDULE
[Regulation 3(1)(a)]
Category of worker
|
Monthly basic wages
|
Hourly rate
|
(Rs)
|
(Rs)
|
|
Cook
|
4,225
|
20
|
Driver
|
6,150
|
30
|
Gardener
|
5,000
|
24
|
Garde-malade
|
5,100
|
16
|
Household worker
|
4,025
|
19
|
Watchperson
|
5,500
|
18
|
Household worker/cook
|
4,600
|
22
|
Caretaker
|
5,000
|
24
|
_______________
SECOND SCHEDULE
[Regulation 3(1)(b)]
1. Normal
working hours
(1) A
normal working week for a domestic worker, other than a watchperson and a
garde-malade, shall be of 48 hours.
(2) A
normal working day for every domestic worker, other than a watchperson and a
garde-malade, shall be of 8 hours to be performed between 6 a.m. and 10 p.m.
(3) (a) The normal working day for a watchperson
and a garde-malade shall consist of 12 hours.
(b) A
watchperson or a garde-malade who works regularly on Sundays shall be entitled
to 3 days' leave without pay in every month, one of the days being a Sunday.
(4) Every
domestic worker shall be entitled on every working day to a lunch break of one
hour.
2. Extra work
(1) A domestic worker, other than a watchperson
or a garde-malade, shall be remunerated at —
(a) one and a half times the basic rate for
work done in excess of 8 hours or after 10 p.m. on any day other than a public
holiday;
(b) twice the basic rate for the first 8
hours' work performed on a public holiday before 10 p.m.;
(c) three times the basic rate for work done
in excess of 8 hours or after 10 p.m. on a public holiday.
(2) A watchperson or a garde-malade who —
(a) performs more than a normal day's work on
any day, other than a public holiday, shall be remunerated at one and a half
times the basic rate;
(b) works on a public holiday shall be
remunerated —
(i) for the first 12 hours, at twice the
basic rate;
(ii) thereafter, at three times the basic
rate.
3. Notional
calculation of basic rate
In calculating the remuneration
payable to a domestic worker —
(a) a month shall be deemed to consist of 26
days;
(b) the basic hourly rate shall be the
appropriate rate specified in the First Schedule or the rate actually paid to
the domestic worker, whichever is the higher.
4. Payment
of wages
(1) Every employer shall pay the wages due to
a domestic worker during working hours, not later than the last working day of
the pay period.
(2) Every employer shall cause every domestic
worker, to whom remuneration is paid, to sign or affix his thumbprint to a
remuneration book stating the particulars of the remuneration paid.
5. Extra
remuneration for public holidays
(1) Where
a domestic worker, other than a monthly paid worker, remains in continuous
employment with the same employer for a period of 12 consecutive months, that
worker shall be entitled, in the following 12 months, to a normal day's pay in
respect of every public holiday, other than a Sunday, that occurs while he is
in the service of the employer and on which he is not required to work.
(2) Where
a domestic worker who would otherwise have been entitled to a normal day's pay
under subparagraph (1) or a monthly paid domestic worker is required to work on
a public holiday, other than a Sunday, that domestic worker shall be paid at
the end of the next pay period one normal day's pay in addition to any
remuneration due under paragraph 2.
6. Annual
and sick leaves
(1) Where a domestic worker is required to
work not less than 6 days in a week and has been in continuous employment with
the same employer for 12 consecutive months, that worker shall be entitled
during the following 12 months to -
(a) 14 days’ annual leave; and
(b) 21 days’ sick leave, on full pay.
(2) Where a part-time worker is required to
work less than 6 days in a week, that domestic worker shall be entitled to
leave computed in accordance with the following formula —
N/W x number of
days of leave granted under subparagraph (1), where "N" means the
number of days that worker is required
to work in a week, and "W" means the number of working days in a week
of a comparable full-time worker.
(3) Where
a domestic worker absents himself on grounds of sickness, that worker shall
notify his employer on the first day of absence, and if he remains sick for
more than 3 consecutive working days, he shall forward to his employer a
medical certificate —
(a) on the fourth day of absence; or
(b) where the domestic worker is admitted to
a hospital, public or private, within 3 days following his discharge.
(4) An employer may, at his own expense, cause
a medical practitioner to examine a domestic worker who is absent owing to
sickness.
7. Maternity
benefits
(1) A female domestic worker who remains in
continuous employment with the same employer for a period of 12 consecutive
months immediately preceding her confinement shall, on production of a medical
certificate, be entitled to —
(a) 12 weeks' maternity leave on full pay to
be taken either —
(i) before confinement, provided that at
least 6 weeks' maternity leave shall be taken immediately following the
confinement; or
(ii) after confinement; and
(b) an allowance of 2,000 rupees payable
within 7 days of her confinement.
(2) Where a female part-time worker remains
in continuous employment with the same employer for a period of 12 consecutive
months immediately preceding the beginning of leave, she shall, on production
of a medical certificate, be entitled to an allowance computed in accordance
with the following formula —
N/W x amount
specified in subparagraph (1)(b), where “N” means the number of days of work
she is required to perform in a week and “W” means the number of working days
in a week of a comparable full-time worker.
(3) Where a female domestic worker who
remains in continuous employment with the same employer for a period of 12
consecutive months gives birth to a still-born child and the still-birth is
duly certified by a medical practitioner, she shall be entitled, upon the
recommendation of her medical practitioner, to opt either for -
(a) 2 weeks’ maternity leave on full pay; or
(b) 12 weeks’ maternity leave on full pay.
(4) Where
a female domestic worker opts for 12 weeks’ maternity leave on full pay under
subparagraph (3)(b), it shall be deemed that she has taken paid leave due for
one confinement.
(5) A female domestic worker who has, at any
time, had 3 confinements or reckons less
than 12 months’ continuous employment shall not be entitled to the benefits
specified in subparagraph (1)(b) but
shall be entitled to the maternity leave specified in subparagraphs
(1)(a) or (3) as the case may be, without pay.
(6) Where
a female domestic worker suffers a miscarriage, which is duly certified by a
medical practitioner, she shall be entitled to 2 weeks’ leave on full pay
immediately after the miscarriage.
(7) (a) A
female domestic worker who is nursing her unweaned child shall, for that
purpose, be entitled every day at a time convenient to her and having regard to
the needs of the child to at least —
(i) 2 breaks of half-hour; or
(ii) one break of one hour.
(b) The break specified in subparagraph (a)
shall —
(i) be for a period of 6 months from the
date of confinement or such longer period as may be recommended by a medical
practitioner; and
(ii) not be deducted from the number of hours
of work of the female worker.
8. Wedding
leave
Where a domestic worker remains in
continuous employment with the same employer for a period of 12 consecutive
months, that domestic worker shall be entitled to 3 days’ wedding leave on full
pay on the occasion of the celebration of the worker’s first religious or civil
marriage.
9. Protective
clothing and equipment
(1) Every employer shall provide —
(a) two aprons every year to every household worker, cook or household
worker/cook;
(b) one pair of boots and 3 pairs of gloves every
year to every gardener working under not less than a 5-day week contract; and
(c) a serviceable flashlight to every watchperson
performing night duties.
(2) The
protective clothing and equipment provided under subparagraph (1) shall remain
the property of the employer.
10. Travelling
benefits and facilities
(1) An
employer shall, where the distance between a domestic worker’s residence and his
place of work exceeds 3 kilometres, provide him with free transport from the
residence to the place of work and from the place of work to his residence, or
pay him the equivalent of the return bus fare.
(2) An
employer shall, irrespective of the distance between a domestic worker’s
residence and the place of work, provide him with free transport from his
residence to the place of work and from the place of work to his residence,
where the worker is required by his employer to attend or cease work at any
time when no public service bus is available.
(3) Subject
to subparagraph (2), where the distance between a domestic worker’s residence
and his place of work exceeds 3 kilometres and where he attends work by his own
means of transport, he shall be entitled to an allowance equivalent to the
corresponding return bus fare.
11. Meal
Allowance
(1)
Where
a domestic worker is required to work —
(a)
beyond
6.00 p.m. after the completion of a
normal day’s work;
(b)
at
a place other than his normal place of work;
that
worker shall, in addition to any payment
due under paragraph 2, be provided with an adequate free meal or a meal
allowance of 50 rupees.
(2)
Every
employer shall make necessary arrangement for the provision of an adequate free
meal in circumstances in which the domestic worker may otherwise be deprived of
a meal.
(3) The
meal allowance shall be paid to the domestic worker before the performance of
the extra work.
12. Disturbance
Allowance
(1) A
domestic worker who is required by his employer to work at a place other than
his normal working place shall be entitled to an allowance of not less than 50
rupees daily.
(2) No
domestic worker shall be compelled by his employer to work in and stay outside
his normal place of employment for a period exceeding 3 consecutive days.
13. Vacation
Leave
(1) A domestic worker who remains in
continuous employment with the same employer for a period of at least 10 years,
shall be entitled to a vacation leave of not less than 2 months to be spent
wholly or partly abroad, or locally, at the worker’s discretion.
(2) Subject
to subparagraph (1), at least one month of the vacation leave shall be with
pay, and such pay shall, in case the domestic worker intends to spend the
vacation wholly or partly abroad, be effected in advance and at least 7 days
before he proceeds abroad.
(3) A vacation leave shall be deemed to
constitute attendance at work.
14. Gratuity at death
(1) Subject
to subparagraph (2), where a domestic worker dies, an employer shall pay a
gratuity to the spouse of the deceased worker or, where there is no surviving
spouse, in equal proportions to the dependants of the deceased worker,
irrespective of any benefits the spouse or the dependants of the deceased
worker may be entitled to under the National Pensions Act.
(2) A
domestic worker referred to in subparagraph (1) shall have been in continuous
employment with the same employer for a period of not less than 10 years.
(3) The gratuity referred to in subparagraph
(1) shall be —
(a) calculated on the basis of 15 days’ remuneration
for every period of 12 months’ continuous service of the deceased worker; and
(b) paid in a lump sum.
(4) In this paragraph —
“continuous service”
shall be computed as from the first day of the period during which a deceased
worker has been in continuous employment with the same employer up to his last
day of employment;
“remuneration” —
(a) means
all emoluments, in cash or in kind, earned by a domestic worker under an
agreement;
(b) includes any sum paid by an employer to a
domestic worker to cover expenses incurred in relation to the special nature of
his work;
“spouse” means the
person with whom a deceased worker had contracted a civil or religious marriage
and with whom he or she was living under a common roof at the time of the
worker’s death; and
“dependant” means
any person who was living in a deceased worker's household and was wholly or
partly dependent on his earnings at the time of his death.
15. End of year bonus
(1)
Where
a domestic worker remains in continuous employment with the same employer in a
year, the worker shall be entitled at the end of that year to a bonus
equivalent to one-twelfth of his earnings for that year.
(2) Every domestic worker who —
(a) takes employment during the course of the
year;
(b) is still in employment as at 31 December; and
(c) has performed a number of normal days'
work equivalent to not less than 80 per cent of the working days during his
employment in that year,
shall
be entitled at the end of that year to a bonus equivalent to one-twelfth of his
earnings for that year.
(3) Seventy-five
per cent of the expected bonus specified in subparagraphs (1) and (2) shall be
paid not later than 5 clear working days before 25 December and the remaining
balance not later than on the last working day of the same year.
(4) For the purpose of this paragraph, a day
where a domestic worker —
(a) is absent with the employer's
authorisation;
(b) reports for work but is not offered work
by the employer; or
(c) is absent on grounds of —
(i) illness after notification to the
employer under paragraph 6(3); or
(ii) injury arising out of and in the course
of his employment,
shall
count as a working day.
_______________
No comments:
Post a Comment