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THE ROLE OF PLATFORM AGENCIES IN THE DETERMINATION OF EMPLOYMENT, PROTECTION, AND PROMOTION WITH SPECIAL REFERENCE TO DOMESTIC WORKERS IN INDIA
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THE ROLE OF PLATFORM AGENCIES IN
THE DETERMINATION OF EMPLOYMENT, PROTECTION, AND PROMOTION WITH SPECIAL
REFERENCE TO DOMESTIC WORKERS IN INDIA
AUTHORED BY - LAKSHMI SANJANA. R
“Obedience
to the Law of Bread Labor Will Bring About a Silent Revolution in the Structure
of Society” – Mahatma Gandhi
ABSTRACT:
The complex impact of platform
agencies on the employment environment as well as the promotion and protection
of domestic workers in India is explored in this article. The gig economy has
transformed how domestic workers find work, communicate with employers, and
access social and economic opportunities thanks to these digital
intermediaries. This study shows the benefits and difficulties that platform
agencies bring to domestic workers by thoroughly examining the Indian setting. It
explores domestic workers' greater visibility and employment options as well as
the risk of exploitation and insecure work conditions that come with these
platforms. The article also emphasizes the significance of regulating platform
agencies to protect domestic workers' rights and welfare and make sure they are
not left exposed to exploitation. This study contributes to a deeper
understanding of the evolving nature of work in the gig economy and the need
for proactive policy measures to protect and promote the interests of this
crucial workforce sector by shedding light on the dynamics between platform
agencies and domestic workers in India.
INTRODUCTION
With the rise of the gig economy and
the spread of platform agencies, the nature of labor and employment has
experienced a substantial upheaval in recent years. When talking about domestic
workers in Chennai City, who frequently obtain job through online platforms,
this paradigm change is very pertinent. When analyzing the modern labor market,
platform agencies' contributions to the selection, protection, and advancement
of domestic workers are of utmost significance. The nuances of this connection
are explored in this essay, which also highlights the opportunities and
difficulties domestic workers in Chennai confront.
The ILO office governing body called
for the general discussion of the organization to take place in Geneva in June
2011. In that conversation, the ILO committed to promoting decent employment
for domestic workers in order to advance social justice and acknowledge the
significant contribution that domestic workers make to the economy. According
to an ILO discussion, home work is universally undervalued and has a similar
nature everywhere. Because there has
historically been a lack of formal employment opportunities in developing
countries, home work plays an important role in generating employment and
involvement in the labor force. A few other key resolutions were also produced
by the ILO conference, such as article 1 of the agreement, which states that
domestic workers are paid laborers who carry out tasks for one or more
families. The term "domestic employee" refers to a person working in
a domestic capacity as part of a service arrangement. According to the ILO
convention, someone who works infrequently for the household will not be
classified as a domestic worker. Domestic workers must be given social and
legal protection under Article 3 of the convention. The member nations must
make sure that domestic workers' legal and human rights are effectively
protected and promoted.
DEFINITION OF DOMESTIC WORKER
Domestic workers are individuals who
are employed to perform various household tasks and provide services within a
private residence. These tasks typically include cleaning, cooking, laundry, childcare,
eldercare, gardening, and other domestic chores necessary to maintain a
household. Domestic workers can be live-in or live-out employees, and they may
work on a full-time or part-time basis, depending on the needs of the
household. The employment of domestic workers can vary widely in terms of
formality, working conditions, and legal protections, depending on the country
and local regulations[1].
INTERNATIONAL
LABOR ORGANIZATION (ILO) CONVENTION NO. 189
ILO Convention No. 189, popularly
known as the Domestic Workers Convention, is a key international document that
concerns the rights and protections of domestic workers, including those who
might find employment through platform agencies. Despite not being case law,
this convention tackles these issues.
Independent of their employment
arrangements, domestic employees must have access to labor rights, social
security, and acceptable working conditions, according to the agreement. The
two most common categories of domestic workers in India are part-time employees
and live-in employees. The phrase "domestic work" describes a broad
range of tasks performed at home. Despite being a low-skilled job, it requires
a wide range of administrative and technical skills.
Some definitions of domestic
employment are more inclusive and include work performed by watchmen,
gardeners, and drivers. Domestic work includes caring for children, the
elderly, and maintaining the home. These roles are arranged in a distinct order
that reflects ideas of untouchability and impureness that are based on caste.
Domestic workers have a huge role in the economy and the labor market. Women,
typically impoverished women, perform the majority of the domestic labor in
India.
LEGAL PROTECTIONS FOR DOMESTIC WORKERS
IN INDIA
The absence of legislative or
regulatory frameworks to safeguard this unregulated industry of employment is
the main contributor to domestic worker abuse and exploitation. Only a few
regulations safeguard domestic workers' rights, and news stories about their
sexual assault, beatings, and other abuse are common.
The National Platform for Domestic
Workers, Common Cause, and social activist Aruna Roy petitioned the Supreme
Court to enact laws defending the rights of domestic workers. The petition
demanded recognition of domestic work. It also mandated that the workers'
workdays be restricted to eight hours each day and that they must take a weekly
day off[2].
THE
EMERGENCE OF THE GIG ECONOMY
Platform
agencies play a vital role in promoting the change of domestic work. The platform
offers a marketplace wherein domestic workers may showcase their services,
establish connections with prospective clients, and effectively handle their
work responsibilities. In addition to their primary functions, these
organizations are responsible for managing payment processing, conducting
evaluations and ratings, and facilitating dispute settlement.
In recent
years, the gig economy has experienced significant growth and has become
increasingly prevalent in several industries. This phenomenon is distinguished
by its emphasis on temporary and flexible employment arrangements. The rise of
platform agencies has brought about a considerable transformation in the
employment dynamics of domestic workers, resulting in a notable influence on
this particular group. This article examines the evolving dynamics of domestic
labor, focusing on the factors that have contributed to the expansion of the
gig economy and the significance of platform agencies in facilitating the
connection between domestic workers and job prospects.
Nevertheless,
the advent of this greater convenience necessitates the obligation to guarantee
equitable treatment, adherence to legal regulations, and the safeguarding of
workers' entitlements. In light of the ongoing development of the gig economy,
it is imperative for politicians, labor advocates, and platform agencies to
engage in collaborative efforts aimed at establishing a fair and well-regulated
framework that promotes the welfare of both domestic workers and the houses
they provide services to.
The
emergence of the gig economy and platform agencies has significantly
transformed the domestic work sector, presenting both novel prospects and
complexities for those engaged in this line of work as they strive to secure
their means of sustenance. The future of domestic labor in the digital age will
depend significantly on achieving an optimal equilibrium between freedom and
security, while also effectively addressing pertinent legal and regulatory
considerations.
PLATFORM
AGENCIES AND DOMESTIC WORKERS
Platform agencies in the context of
domestic work refer to online platforms or digital marketplaces that connect
domestic workers with potential employers. These agencies leverage technology
to facilitate the hiring and management of domestic workers, offering a range
of services. Platform agencies have reshaped the domestic work sector by
providing new opportunities for workers to connect with clients and find
employment. However, they also pose challenges related to job security, income
stability, and access to benefits. Balancing the advantages and disadvantages
of platform agencies in the context of domestic work requires addressing these
challenges and ensuring fair working conditions for all domestic workers,
whether they find jobs through traditional means or digital platforms.
Platform agencies serve as a
middleman between potential employers and domestic workers. They offer a
digital marketplace where employers can look for qualified applicants and
domestic employees can list their services. The benefits of this digitalization
for domestic employees include:
·
Greater
Visibility: By advertising on these sites, domestic workers can reach a wider
audience of prospective employers.
·
Job
matching: Based on skills, preferences, and availability, these services'
algorithms connect domestic employees with ideal employers.
·
Financial
inclusion: A lot of platform companies provide electronic payment methods to
help domestic workers who might not have access to conventional banking
services become financially included.
It is
noteworthy that the merits and demerits of Platform agencies and direct
recruiting might exhibit variability contingent upon unique conditions, local
labor legislations, and the degree of preparedness and conscientiousness
demonstrated by employers and domestic workers alike. Certain employers may
perceive direct recruiting as a financially efficient and appropriate choice,
but others may choose the services and assistance offered by domestic worker
agencies or intermediaries. Irrespective of the selected approach, it is
imperative to give precedence to equitable treatment, transparent
communication, and adherence to labor regulations in order to foster a
constructive employer-domestic worker relationship.
PROTECTION AND PROMOTION
Although platform agencies have many
benefits, they are also essential for the protection and advancement of
domestic workers:
·
Legal
Frameworks: Platform agencies frequently create contracts that specify the
terms and circumstances of employment, giving domestic workers some legal
protection.
·
Input
mechanisms: By enabling input from both employers and domestic employees, these
platforms foster professionalism and accountability.
·
Training
and skill development: Some organizations provide training and skill development
programs to help domestic workers become more employable and earn more money.
The gig economy and platform
agencies' engagement in domestic work were developing fields at the time, and
it's possible that legal cases hadn't yet reached critical turning points. It's
crucial to remember that the legal system is dynamic and that since then, new
instances or regulatory changes may have appeared. Consult legal databases,
official publications, and labor and employment law specialists to get the most
recent information and case law on this subject in India.
Despite the lack of particular case
law, the following legal principles, labor laws, and rules apply to domestic
workers and the gig economy in India:
The 2008 Unorganized Workers' Social
Security Act proposes to give social security benefits to unorganized workers,
including domestic workers.
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with matters
pertaining to the protection and safety of female workers, including domestic
workers.
Minimum Wage rules: Domestic
employees may be subject to state-specific minimum wage rules, and platforms
may be needed to guarantee that workers earn at least the minimum pay.
The Contract Labor (Regulation and
Abolition) Act of 1970 regulates the terms of employment and the legal rights
of contract workers across a range of sectors, including domestic work.
MODELLING LABOUR RELATIONSHIPS
The existing body of scholarly
literature pertaining to the platformisation of domestic labour encompasses two
distinct categories of platforms, namely "marketplace" and
"on-demand" platforms. Marketplace platforms can be described as
online platforms that function as virtual job boards.
The focus of their efforts is
directed towards the recruitment procedure, wherein they depend on the
dissemination of worker profiles to prospective clients. The process of
match-making often follows an algorithmic approach, although there are
instances where human methods are also employed. Marketplace platforms exert
control over the visibility of workers' profiles[3].
Customers have the ability to
categorise and refine these profiles, while workers on marketplace platforms
receive evaluations from both the platforms themselves and the customers.
On-demand platforms facilitate the
engagement of workers in brief and temporary assignments, which deviate
significantly from the traditional dynamics observed in paid domestic and care
work arrangements. These platforms bear a resemblance to the well-known 'Uber
model' of digital labour platforms. In the on-demand approach, workers are
paired to consumers by algorithms, and the platforms determine the conditions
of service, including salaries. Workers are compelled to acquiesce to a
standardised contract devoid of any opportunity for bargaining. In addition to
remuneration, corporations also establish the assigned responsibilities and the
time frame within which activities are to be accomplished. Additionally,
certain organisations offer staff with uniforms and training programmes. The
majority of on-demand platforms provide comprehensive mechanisms for gathering
client feedback and monitoring worker performance throughout task execution.
Within the various kinds of domestic
work that have been discovered, it is evident that cleaning work stands out as
the most widely sought-after service provided by on-demand platforms. Urban Company
briefly implemented an on-demand strategy to supply domestic services,
including cooking and care services. According to a spokesman from Urban
Company, the discontinuation of these products was attributed to their limited
customer adoption. This phenomenon can be attributed to the fact that the
majority of consumers choose full-time regular placements over short-term gig
workers for these services[4].
NATIONAL PLATFORM FOR DOMESTIC WORKERS
The National Platform for Domestic
Workers (NPDW) is a group in India that fights for the welfare and rights of
the nation's domestic workers. For domestic workers and various organizations
that support their cause, it acts as a forum for collective action. The NPDW is
committed to tackling the particular problems and challenges encountered by
domestic workers and works to raise both their social and working conditions.
It's vital to keep in mind that the
National Platform for Domestic Workers' specific activities and priority areas
may change over time and in various Indian regions. The group is essential in
addressing the particular difficulties faced by domestic workers and fighting
for their rights and dignity in the workplace.
For the most up-to-date information
on the role of platform agencies in the gig economy, particularly with regard
to domestic workers, it is essential to consult the most recent legal sources
and seek advice from legal experts knowledgeable in Indian labor and employment
law.
JUDICIAL DECLARATIONS
In a petition, the National Domestic
Workers Welfare Trust raised a number of critical issues involving domestic
workers. The petitioner requested that the supreme court issue an order
mandating that domestic workers get a minimum level of protection in accordance
with Indian law. Requests were made to:
·
Enact
comprehensive legislation to safeguard domestic workers;
·
Make
sure that there is a minimum wage and additional benefits, such weekly
holidays.
·
Ensuring
the safety of women and children working as domestic helpers. In response to
this petition, the Central Government asserted that all of these rights will be
granted under the Unorganized Sector Employees Bill, 2004, which covers
domestic workers. The schedule of employment for the Unorganised Sector
employees Bill of 2004 did not include domestic employees prior to the
petition. The Supreme Court's role in advancing social justice The Court has
taken concrete action to defend the rights of workers.
In the case of People's Union for
Democratic Rights v. Union of India[5],
Justice P. N. Bhagwati underscored the courts' responsibility to uphold the
fundamental human rights of disadvantaged individuals and actively contribute
to the achievement of constitutional objectives. Furthermore, the Supreme
Court, in the case of Sanjit Roy v. State of Rajasthan[6],
ruled that the State cannot exploit the vulnerable circumstances of those who
have suffered harm, and that such individuals must not be denied the protection
afforded by labor laws. In the case of Bandhua Mukti Morcha v. Union of India[7],
the Supreme Court reached the determination that bonded labour cannot be
considered as an integral component of the society envisioned within the
constitutional framework. The court referred to this particular ruling. In
order to avail oneself of social advantages and constitutionally guaranteed
rights, it is imperative for individuals to demonstrate a willingness to see
every fellow citizen as an equal. In the case of P Sivaswamy v. State of Andhra
Pradesh[8],
the court rendered a decision whereby it deemed the comparison between domestic
staff and bonded labourers as not unjust, given their shared experiences of
adversity and limitations. In the case of Bandhua Mukti Morcha v. Union of
India, the Supreme Court reached the determination that bonded labour cannot be
considered as an integral component of the society envisioned within the
constitutional framework. The court referred to this particular ruling. In
order to avail oneself of social advantages and constitutionally guaranteed
rights, it is imperative for individuals to demonstrate a willingness to see
every fellow citizen as an equal.
Hence, it is imperative for employers
to adopt a conscientious stance, abstaining from the exploitation of
individuals facing financial disadvantage and coercing them into bonded labor.
The Court expressed strong criticism towards the bound Labour System
(Abolition) Act of 1976 for its incomplete implementation, and subsequently
issued orders to the state governments to ensure the rehabilitation of bound
labourers in accordance with the provisions of the Act. These statements
provide justification for the necessity of enacting comprehensive legislation
aimed at protecting the rights of domestic workers in India.
CONCLUSION
In conclusion, it can be inferred
that the aforementioned points support the notion that the role of platform
agencies in Chennai City has emerged as a prominent factor in shaping the
employment prospects, safeguarding the rights, and facilitating the advancement
of domestic workers. This fragile workforce is presented with both
possibilities and challenges. In order to achieve a favorable balance between
advantages and disadvantages, it is imperative for legislators, labor
advocates, and platform agencies to engage in collaborative efforts aimed at establishing
a fair and well-regulated framework. This may entail the establishment of
equitable labor regulations, the implementation of transparent pricing
mechanisms, and the reduction of the digital divide to facilitate universal
accessibility for domestic workers. By acknowledging and tackling these
concerns, we can endeavor to establish a gig economy that effectively caters to
the welfare of all stakeholders, particularly the domestic workers who play a
crucial role in maintaining the functionality of our households.
Article Information
THE ROLE OF PLATFORM AGENCIES IN THE DETERMINATION OF EMPLOYMENT, PROTECTION, AND PROMOTION WITH SPECIAL REFERENCE TO DOMESTIC WORKERS IN INDIA
Authors: LAKSHMI SANJANA. R
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/06
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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