A. S. Samarakoon
Child Protection Unit
Attorney-General’s Department
One of the most vulnerable groups in the labour market are domestic workers. This domestic work sector is also regarded as the ‘invisible workforce’ of the nation. Most domestic workers undertake their jobs from the homes of their employers. Their remote work environment prevents them from speaking up to protect their rights. The study’s author concentrates on the employment contract, work hours, weekly rest, probationary periods, registration of domestic workers and placement agencies, and salary payments to domestic workers. The author brings attention to the main issues that women face at work, such as sexual harassment and maternity benefits for domestic workers, because women make up the majority of these workers. The main objective of this study is to identify the existing legal framework relating to the rights of domestic servants in Sri Lanka and its lacunae and whether it meets the fundamental requirements of International Labour Organization’s (ILO) Convention 189. Twenty domestic workers from Kandy District, Nawalapitiya Area, who were selected at random, provided the data for this study. This data was gathered using a questionnaire. A mixed methods research approach was used for this study. The author used relevant legislation and conversations with domestic workers as primary sources of data. Secondary data included articles from journals, ILO publications, conference proceedings, and other websites. The study’s conclusions showed that there are a lot of unanswered questions regarding domestic workers. Some labour laws in the nation specifically exclude domestic workers. Domestic workers are not protected by some labour laws. For instance, maternity benefit laws, ordinances pertaining to pay boards, shop and office employee acts, and so on. The findings of this analysis indicate that the government has not ratified the significant ILO accords pertaining to domestic workers. The author comes to the conclusion that the nation’s present labour laws are insufficient to protect domestic servants and their rights in light of the aforementioned information. From this study the author recommends the government should ratify the Domestic Worker Convention (ILO C 189). Parliament should enact a separate piece of legislation for domestic workers, and the legal provisions could be developed by expansion and amendments of the existing laws.
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