Legal Status of Domestic Workers in India: A Labour Law Perspective

Domestic work, a major category of informal labor in India, has been one of the most overlooked sectors in legal matters. Domestic workers, due to their integration in the private sphere, fall outside the coverage of labor laws, even though they are essential to the urban and semi-urban economies. This article seeks to examine the legal status of domestic workers through a labor law lens and the challenges these workers encounter due to their presence in the informal and unregulated sector. Topics such as the lack of set work hours, ineffective enforcement of minimum wage laws, limited access to social security benefits, and the risk of exploitation and abuse will be addressed. The research analyzes the existing legal structure, focusing on the deficiencies of the Unorganised Workers’ Social Security Act, 2008, and the continued exclusion of domestic workers from important labor regulations like the Industrial Disputes Act and the Minimum Wages Act. The article also explores the disparity between the constitutional rights to dignity and livelihood under Article 21 and the actual circumstances encountered by domestic workers This has highlighted the gap between the constitutional clauses and the real situation. The paper also seeks to position the Indian situation within the wider framework of the global labor context by examining international labor standards relating to the domestic worker sector. Ultimately, the paper asserts that the current approach to addressing the situation of domestic workers in India is insufficient and suggests creating a national law that acknowledges the domestic worker's status as a worker and the home as a place of employment.