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  "title": "PUNJAB DOMESTIC WORKERS ACT 2019",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AThQYVZkUGU-",
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  "text": "PUNJAB DOMESTIC WORKERS ACT, 2019 \r\n(II of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Prohibition on employment \r\n4. Rights and entitlements of domestic workers \r\n5. Employment on work \r\n6. Leave and holidays \r\n7. Wages during leave or holiday period \r\n8. Minimum wage \r\n9. Maternity benefits \r\n10. Accommodation \r\n11. Medical examination, vaccination and inoculation \r\n12. Notice of certain accident \r\n13. Termination of employment \r\n14. Restoration of possession of property to domestic worker \r\n15. Relinquishing of right \r\n16. Recommendation of minimum wages for domestic workers \r\n17. Power to declare minimum rates of wages \r\n18. Time and conditions of payment of wages \r\n19. Prohibition to pay below the minimum rate of wages \r\n20. Registration of domestic workers \r\n21. Registration of employers \r\n22. Fund \r\n \r\n \r\n23. Functions of the Governing Body \r\n24. Manner of claiming benefits \r\n25. Resolution of disputes \r\n26. Appellate Authority \r\n27. Powers of the Dispute Resolution Committees and Appellate Authorities \r\n28. Power to issue directions \r\n29. Power to remove difficulties \r\n30. Tax treatment of the income of the Fund \r\n31. Penalties \r\n32. Presumption \r\n33. Prosecution \r\n34. Trial of offence \r\n35. Labour Inspectors \r\n36. Functions and powers of Inspectors \r\n37. Protection of actions taken under the Act \r\n38. Rules \r\n  \r\n \r\n \r\nTEXT \r\n1PUNJAB DOMESTIC WORKERS ACT, 2019 \r\n(II of 2019) \r\n[25 January, 2019] \r\nAn \r\nAct \r\nto provide for the regulation of employment of domestic workers in Province of the \r\nPunjab. \r\nIt is necessary to protect the rights of the domestic workers, to regulate their \r\nterms of employment  and working conditions of service, to provide them social \r\nprotection and ensure their welfare and to provide for the matters ancillary thereto; \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This A ct may be cited as the \r\nPunjab Domestic workers Act 2019. \r\n(2) It extends to whole of the Punjab.  \r\n(3) It shall come into force at once.  \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext: \r\n(a) “Act” means the Punjab Domestic Workers Act 2019; \r\n(b) “Appellate Authority” means an Authority appointed under the Act; \r\n(c) “beneficiary” means a domestic worker or a heir of a deceased \r\ndomestic worker eligible to receive benefits from the Domestic Workers \r\nWelfare Fund; \r\n(d) “Board” means the Minimum Wages Board established under section 3 \r\nof the Minimum Wages Ordinance, 1961 (XXXIX of 1961); \r\n(e) “Committee” means a Dispute Resolution Committee constituted under \r\nthe Act;  \r\n(f) “dispute” means any dispute or conflict between employers and \r\ndomestic workers concerning employment or the terms of employment \r\nor the conditions of work of domestic workers; \r\n(g) “domestic work ” means any work which takes place within or for the \r\nhousehold and includes child care, old age care, sick care or \r\nnatal/post-natal care and the matters ancillary thereto; \r\n(h) “domestic worker ” is a person who provides services of a domestic \r\nnature in a household;  \r\n(i) “employer” means: \r\n                                       \r\n1This Act was passed by the Provincial Assembly of the Punjab on 2 3 January 2019; assented to by the Governor of the \r\nPunjab on 25 January 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 25 January 2019, pp.1767 – \r\n1774. \r\n \r\n \r\n(i) in relation to a person or a group of persons registered \r\nunder the Act and employing domestic worker s collectively \r\nresponsible for employment of domestic workers;  \r\n(ii) in relation to an establishment or agency, the owner(s) of \r\nthe establishment or agency or a person registered under \r\nthe Act and ha ving the ultimate control over the affairs of \r\nthe establishment or agency as well as any other person to \r\nwhom the affairs of such establishment or agency are \r\nentrusted whether such person is called an agent, a \r\nmanager, an occupier or by any other name;  \r\n(j) “family” in relation to a domestic worker , means the spouse, a child  \r\nbelow the age of 18 years and includes a disabled child above the age \r\nof 18 years with disability of fifty percent or more; \r\n(k) “Fund” means Domestic Workers Welfare Fund constituted under \r\nsection 22 of the Act; \r\n(l) “Government” means Government of the Punjab; \r\n(m) “Governing Body” has the same meaning as in section 5 of the \r\nProvincial Employees Social Security Ordinance, 1965 (X of 1965); \r\n(n) “household” means individuals who comprise a family unit and who live \r\ntogether under the same roof; \r\n(o) “Inspector” means a Labour Inspector notified under section 3 5 of the \r\nAct; \r\n(p) \"Labour Court\" means a Labour Court established under section 44 of \r\nthe Punjab Industrial Relations Act, 2010 (XIX of 2010); \r\n(q) “prescribed” means prescribed by the rules; and \r\n(r) “wages” means all remuneration capable of being expressed in terms \r\nof money, which shall, if the terms and conditions  of employment, \r\nexpress or implied, are fulfilled, be payable to a person employed in \r\nrespect of his employment or of work done in such employment, but \r\ndoes not include— \r\n(a) any contribution paid by the employer in respect of such \r\nperson under any scheme of social insurance or to a \r\npension fund or provident fund; \r\n(b) gift or anything given in kind. \r\n3. Prohibition on employment .– No child under the age of 15 years shall be \r\nallowed to work in a household in any capacity: \r\nProvided that no domestic worker under the age of 18 years shall be engaged \r\nin a domestic work except involving light work in a household. \r\nExplanation: “light work” means a domestic work which is part -time in nature and is \r\nnot likely to harm health, safety and education of a domestic worker. \r\n4. Rights and e ntitlements of domestic workers .–  (1) A d omestic worker \r\nshall not be employed under the bonded  labour system or forced or partly forced \r\nlabor system.  \r\n \r\n \r\n(2) No domestic worker shall be discriminated in recruitment, continuance \r\nof employment, deciding wages, benefits a nd other rights on grounds of religion, \r\nrace, caste, creed, sex, ethnic background, and place of birth/ residence, domicile, \r\nmigration or any other reason. \r\n(3) The domestic worker shall be addressed as \"d omestic worker”, not \r\n\"servant\". \r\n(4) No extra work may be assigned to the domestic worker without free will \r\nof the domestic worker and extra remuneration.  \r\n(5) The employer shall provide dignified working conditions and \r\noccupational safety and health measures to the domestic worker. \r\n(6) The benefits for a domestic worker shall include sickness benefits and \r\nmedical care during sickness and medical care of dependents, injury benefits, \r\ndisablement pension and s urvivor’s pension  under the Punjab Employees Social \r\nSecurity Ordinance, 1965 (X of 1965) and the rules made thereunder. \r\n5. Employment on work.– (1) Every employment or appointment of a domestic \r\nworker shall be subject to issuance of a letter of employment in the prescribed form \r\nshowing the terms and conditi ons of his employment including  nature of work and \r\namount of wages.  \r\n  (2) The employer shall send a copy of the letter of employment issued \r\nunder subsection (1) to the Inspector concerned, and the employer may keep a copy \r\nof identification documents of a domestic worker during the course of employment. \r\n (3) An employer shall, within sixty days of the commencement of the Act, \r\narrange for the issuance of a letter of employment under subsection (1) to each of \r\nthe domestic workers employed on work in a household. \r\n(4) No domestic worker shall be required to perform any work other than \r\nwhat is specifically mentioned in the letter of employment. \r\n(5) No domestic worker shall be required to work for more than eight hours \r\nin a day , however, a domestic worker , at free will , may work for such time duration \r\nand for such remuneration as may be prescribed. \r\n(6)  Any work by a domestic worker  in excess of forty eight hours shall \r\nincur over time rates as may be prescribed, and weekly working time shall not \r\nexceed fifty six hours. \r\n6. Leave and holidays.– (1) Every domestic worker engaged in domestic work \r\nshall be entitled to a holiday of at least one whole day in a week. \r\n(2) Every domestic worker shall be entitled to sick leave with full wages for \r\na total period of eight days in a year and such leave, if not availed of by a domestic \r\nworker during that calendar year, may be carried forward, but the total accumulation \r\nof such leave shall not exceed sixteen days at one time. \r\n(3) Every domestic worker engaged in domestic work shall be entitled to \r\nten days festival holidays with full wages in a year , and the days and dates for such \r\nfestival holidays shall be agreed between the domestic worker and the employer in \r\nthe beginning of the calendar year. \r\n(4) A female domestic worker engaged in domestic work shall be entitled \r\nto six weeks maternity leave.  \r\n \r\n \r\n7. Wages during leave or holiday period .– (1) For each day of the leave or \r\nholidays allowed to a domestic worker under subsections (1), (2) and (3) of section \r\n6, the domestic worker  shall be paid at the rate equivalent to the daily average \r\namount, which, during the three months period preceding the leave or holidays, was \r\nbeing paid  to the domestic worker. \r\n  (2) A domestic worker, who has been allowed leave unde r subsection (2) \r\nof section 6 for any period not less than four days , shall, before the leave begins, be \r\npaid his wages for the period of the leave allowed. \r\n8. Minimum wage.– (1) Every domestic worker shall be paid such wages within \r\nsuch period of time as may be provided in the letter of employment, but such wages \r\nmust in no case be less than the wages specified by the Government under the Act. \r\n  (2) No employer shall pay to a domestic worker, remuneration payable, at \r\nthe rates less favorable than those at which remuneration is paid to the domestic \r\nworkers of the opposite sex performing same work or work of a similar nature or of \r\nequal value. \r\n9. Maternity benefit s.– A female domestic worker engaged in domestic work \r\nshall be entitled to maternity benefits wit h a minimum amount equivalent to six \r\nweeks wages in the prescribed manner but not less than the minimum wages \r\nnotified by the Government. \r\n10. Accommodation.– (1) Every employer, under express terms and conditions \r\nof employment, shall ensure to provide for the accommodation for live -in domestic \r\nworkers who stays at place of work at his free will. \r\n (2) Every employer shall ensure decent living conditions for a live-in \r\ndomestic worker. \r\n11. Medical examination, vaccination and inoculation .– Every employer, on \r\nyearly basis, shall ensure medical examination of a domestic worker in a household \r\nby a registered medical practitioner and such domestic worker shall also be \r\nvaccinated and inoculated against such diseases at such intervals as may be  \r\nprescribed, and the expenses, if any, of such medical examination, vaccination and \r\ninoculation shall be borne by the employer. \r\n12. Notice of certain accident .– Where in any household, an accident occurs \r\nwhich causes death  or bodily injury whereby any dome stic worker injured is \r\nprevented from resuming his work in the household during the forty -eight hours after \r\nthe accident occurred, or which is of any nature which may be prescribed in this \r\nbehalf, the employer of the domestic worker shall send a notice thereof to such \r\nauthorities, in such form and within such time, as may be prescribed. \r\n13. Termination of employment .– The termination of employment shall be \r\nsubject to one month’s prior notice in writing e ither by the domestic worker or by the \r\nemployer and in lieu of the notice, one month’s wages shall be paid calculated on \r\nthe basis of average of wages earned during the preceding three months. \r\n14. Restoration of possession of property to domestic worker .– (1) Upon \r\ntermination of employment , personal belongings and identification documents of a \r\ndomestic worker or his family shall not be retained , and if any belonging or property  \r\nof a domestic worker is not returned to him , the aggrieved domestic worker may \r\n \r\n \r\napply to the Dispute Resolution Comm ittee for restoration of the possession of such \r\nproperty and the Dispute Resolution Committee may, after giving the employer a \r\nreasonable opportunity of being heard, direct the employer to restore to the applicant \r\nthe possession of the said property within  such time period as may be specified in \r\nthe award. \r\n (2) Whoever, being required by the Act to restore any property to the \r\ndomestic worker or his family, omits or fails to do so, within time specified in \r\nsubsection (1), shall be liable, on conviction before a Magistrate, to a fine not \r\nexceeding ten thousand rupees and restoration to the appl icant the possession of \r\nthe said property. \r\n15. Relinquishing of right .– Where a domestic worker relinquishes any right \r\nconferred by this Act, whether made before or after the commencement of th is Act, \r\nthe relinquishment shall be null and void in so far as it purports to deprive him of \r\nsuch right. \r\n16. Recommendation of minimum wages for domestic workers .– (1) The \r\nBoard shall, upon a reference made to it by the Government, recommend to it, after \r\nsuch enquiry as the Board thinks fit, the minimum rates of wages  for domestic \r\nworkers employed in households. \r\n (2) In its recommendations under sub-section (1), the Board shall indicate, \r\nwhether the minimum rates of wages should be adopted uniformly throughout the \r\nProvince or with such local variations for such localities as are specified therein. \r\n (3) In pursuance of a direction under sub -section (1), the Board may \r\nrecommend minimum rates of wages for all classes of domestic workers in any \r\ncategory or capacity and, in such recommendation, may specify — \r\n(a) the minimum rates of wages for — \r\n(i) time work; \r\n(ii) piece work; \r\n(iii) on call work; \r\n(iv) over time work; and \r\n(v) work on the weekly day of rest and for paid holidays; and \r\n(b) the minimum time rates for domestic workers employed on piece \r\nwork so as to guarantee minimum wages on a time basis for \r\nsuch domestic workers. \r\n (4) The time rates recommended by the Board may be on hourly, daily, \r\nweekly or monthly basis. \r\n (5) The rates recommended under this section for overtime work and work \r\non paid holidays shall not be less than the minimum rates fixed for such work under \r\nany other law for the time being in force. \r\n17. Power to declare minimum rates of wages .– Upon receipt of a \r\nrecommendation of the Board under section 1 6 of the Act, the Government may \r\nproceed as per the procedure laid down under section 6 of the Minimum Wages \r\nOrdinance, 1961 (XXXIX of 1961).  \r\n \r\n \r\n18. Time and conditions of payment of wages .– (1) The wages of every \r\ndomestic worker shall be paid before the expiry of the fifth day, after the last day of \r\nthe wage-period in respect of which the wages are payable. \r\n (2) No wage period, so fixed, shall exceed one month. \r\n (3) Where the employment of any domestic worker is te rminated by \r\nemployer, the wages earned by him/her shall be paid before the expiry of the second \r\nworking day from the day on which his employment is terminated. \r\n (4) All payments of wages shall be made on a working day. \r\n (5) All wages shall be paid in current coin or currency notes or in both. \r\n19. Prohibition to pay below the minimum rate of wages .– (1) No employer \r\nshall pay any domestic worker wages at a rate lower than the rate declared under \r\nthis Act to be the minimum rate of wages for such domestic worker. \r\n (2) Any employer who contravenes the provisions of this section shall be \r\nliable, on conviction before a Magistrate of the first class, to a fine not exceeding ten \r\nthousand rupees, and if the court trying such contravention by order so directs, shall \r\nalso pay to the domestic worker concerned such sum as may be specified in the \r\norder to represent the difference between the amount actually paid to such domestic \r\nworker and the amount which would h ave been paid to him had there been no such \r\ncontravention. \r\n (3) All claims of a domestic worker relating to wages or claims arising out \r\nof deductions from wages against the employer, as the case may be, shall be settled \r\nand recovered in the same manner as is provided in the Minimum Wages \r\nOrdinance, 1961 (XXXIX of 1961). \r\n  (4) If the Authority hearing any application under this section is satisfied \r\nthat no amount to be paid as wages is due from the employer to the applicant, it \r\nshall reject the application; and if the application, in the opinion of the Authority, is \r\nmalicious or vexatious, the Authority when rejecting it, may direct the applicant to \r\npay a penalty not exceeding five thousand rupees to the employer. \r\n(5)  An appeal against a direction made under  sub-section (3) or \r\nsubsection (4) under this section may be preferred, within thirty days of the date on \r\nwhich the direction was made, before the Labour Court constituted under the Punjab \r\nIndustrial Relations Act, 2010 (XIX of 2010) , within whose jurisdic tion the cause of \r\naction to which the appeal relates arose — \r\n(a) by the employer, if the total sum directed to be paid by way of \r\nwages exceeds twenty thousand rupees: \r\nProvided that no appeal under this clause shall lie unless the memorandum of \r\nappeal is accompanied by a certificate of the authority to the effect that the appellant \r\nhas deposited with the authority the amount payable under the direction appealed  \r\nagainst. \r\n(b) by the applicant directed under subsection (4) of this section to \r\npay a penalty. \r\n  (6) The decision of appeal shall be final and shall not in any manner be \r\nquestioned by any person in any court or before any authority.  \r\n \r\n \r\n20. Registration of domestic workers .– Every domestic worker, in order to \r\nbenefit from the fund, shall make an applicat ion for registration in a manner as \r\nprescribed by the Governing Body , and  every such domestic worker shall be \r\nprovided by the Governing Body with a security number and identity card, which \r\nshall be renewable after completion of every three years: \r\nProvided that none of the domestic workers shall be eligible to get more than \r\none security number and identity card. \r\n21. Registration of employers .– Every employer shall make an application for \r\nregistration in a manner as prescribed by the Governing Body , and  every such \r\nemployer shall be provided with a registration number, which shall be renewable \r\nafter completion of every three years. \r\n22. Fund.– (1) To provide social protection, safety and welfare measures to \r\ndomestic workers, the Government shall establish a fund to be called “Domestic \r\nWorkers Welfare Fund\".  \r\n(2) The Fund shall consist of: \r\n(a) all grants and loans as may be made to the Fund by the \r\nGovernment;  \r\n(b) all sums received by the Fund from other sources as may be \r\ndecoded upon by the Government and all voluntary \r\ncontributions from the philanthropists; \r\n(c) income from the investments made and properties and assets \r\nacquired from the Fund; and  \r\n(d) proceeds of loans raised by the Governing Body. \r\n(3) The Fund shall be applied to: \r\n(a) financing of measures including education, training and skill \r\ndevelopment; \r\n(b) benefits for domestic workers provided in subsection (6) of \r\nsection 4 of the Act;  \r\n(c) any money in aid of any scheme for the welfare of the domestic \r\nworkers; and  \r\n(d) meet the expenditures in respect of the cost of management and \r\nadministration of the Fund. \r\n23. Functions of the Governing Body .– The functions of the Governing Body \r\nshall be the same as laid down under the Provincial Employees’ Social Security \r\nOrdinance, 1965 (X of 1965) and the rules made thereunder. \r\n24. Manner of claiming benefits.– (1) All claims for benefits under th is Act shall \r\nbe made within such times as may be prescribed, and in such form and manner, and \r\nshall be accompanied by such documents, information and evidence as to \r\nentitlement, as may be provided in the regulations laid down by the Governing Body. \r\n (2) The payment in respect of benefits shall be made in such manner, and \r\nat such time and place as may be provided in the regulations. \r\n \r\n \r\n (3) The payment in respect of benefits under the Act , shall be made from \r\nthe Fund in the prescribed manner. \r\n25. Resolution of d isputes.– (1)The Government may, by notification in the \r\nofficial Gazette, constitute a Committee at the lowest tier of the local government to \r\nbe called the Dispute Resolution Committee for the effective enforcement of the Act. \r\n (2) The Dispute Resolution Committee, having such number of members \r\nand composition as may be prescribed, shall be headed by the head of the lowest \r\ntier of the local government concerned or such other officer as may be notified by the \r\nGovernment.  \r\n (3) All disputes or complaints ari sing out of and in connection with \r\nenforcement under the Act shall be heard and resolved through an award by Dispute \r\nResolution Committee: \r\nProvided that every such dispute shall be presented within 30 days from the \r\ndate on which the dispute arises. \r\n(4) Any party aggrieved of the award made under subsection (3), may, \r\nwithin 30 days of the date on which the award was made, prefer an appeal before \r\nthe Appellate Authority.  \r\n26. Appellate Authority .– (1) The Government shall appoint an Appellate \r\nAuthority in each District to hear and decide the appeals preferred against the award \r\nof a Dispute Resolution Committee.  \r\n(2) The Appellate Authority may confirm, modify or reverse the award of a \r\nDispute Resolution Committee. \r\n27. Powers of the Dispute Resolution Committees and Appellate \r\nAuthorities.– Every Dispute Resolution Committee and Appellate Authority shall, \r\nwhile holding an enquiry regarding a dispute or complaint under th is Act or the rules \r\nmade thereunder, have same powers as are vested in a Civil Court under the Code \r\nof Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:  \r\n(a) enforcing the attendance of any person and examining him on oath;  \r\n(b) compelling the production of documents and material objects;  \r\n(c) issuing commissions for the examination of witnesses; and  \r\n(d) such other matters as may be prescribed.  \r\n28. Power to issue directions .– The Government may, from time to time, issue \r\nsuch directions to employers as may be necessary for the effective enforcement  of \r\nthe provisions of the Act.  \r\n29. Power to remove difficulties .– If any difficulty arises in giving effect to the \r\nprovisions of th e Act, the Government may, by order published in the official \r\nGazette, make such provisions , not inconsistent with the provi sions of the Act , as \r\nappear to it to be necessary or expedient for removal of the difficulty. \r\n30. Tax treatment of the income of the Fund .– The income of the Fund \r\nincluding capital gains shall be exempt from Income Tax within the meaning of the \r\nIncome Tax Ordinance, 2001. \r\n \r\n \r\n31. Penalties.– (1) An employer who fails to comply with  or contravenes any \r\nprovisions of the Act other than section 3, shall, on conviction, be punishable with fine \r\nwhich for the first offence may extend to five thousand rupees, and for a second or \r\nsubsequent offence with fine which may extend to ten thousand rupees. \r\n (2) Whoever knowingly contravenes the provisions of section 3, shall be \r\nliable to punishment with imprisonment for a term which may extend to one month if \r\nhe employs a child under the age of 12 years and in case of a child under 15 years \r\nby fine which may extend to Rs fifty thousand but which shall not be less than ten \r\nthousand rupees. \r\n(3) Any employer or any such person who willfully obstructs an Inspector \r\nin the exercise of any power in compliance of section 3 7, or fails to produce on \r\ndemand thereunder any evidence, statement or other document, shall be punishable \r\nwith fine which may extend to ten thousand rupees. \r\n32. Presumption.– A child present in a househ old along with one or both of his \r\nparents who are employed therein shall not be presumed to be in employment within \r\nthe meaning of the Act unless proved. \r\n33. Prosecution.– No prosecution under th e Act or any rules made there under \r\nshall be instituted except  by or with the previous sanc tion of the Dispute Resolution \r\nCommittee. \r\n34. Trial of offence .– No Court, inferior to that of a Magistrate of the first class , \r\nshall try any offence under the Act or the rules made thereunder. \r\n35. Labour Inspectors .– (1) The Government may notify Labour Inspectors of \r\nthe respective areas of jurisdiction for the purposes of ensuring compliance with the \r\nprovisions of the Act. \r\n  (2) An Inspector notified under subsection (1) shall be deemed to be a \r\npublic servant within the meaning of the Pakistan Penal Code, 1860 (XLV of 1860). \r\n36. Functions and powers of Inspectors.– (1) No household shall be subjected \r\nto inspection except on receipt of a complaint and on direction of a Dispute \r\nResolution Committee.  \r\n(2) An Inspector on direction of Dispute Resolution Committee may, for the \r\ndischarge of any functions under the Act or the rules made thereunder— \r\n(a) file a case through the public prosecutor in the Court of competent \r\njurisdiction; and \r\n(b) exercise such other powers conferred upon him as may be \r\nnecessary for carrying out the purposes of the Act. \r\n37. Protection of action s taken under the Act .– No suit, prosecution or other \r\nproceedings shall lie against any person for anything which is in good faith d one or \r\nintended to be done in pursuance of the Act or rules made thereunder. \r\n38. Rules.– The Government may make rules for carrying out the purposes of the \r\nAct.",
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