ࡱ> UWT7 -bjbjUU ,R7|7|'(l8.Jd/Fr(t(t(t(?(<+<+/$0 3O/!O/<p/<<<r(<r(<:<v#:',V( H@Y,f' V(/0/(R3(3V(< RESEARCH, LEGISLATION & LABOUR STANDARDS DIVISION DOMESTIC WORKERS REMUNERATION ORDER REGULATIONS 1983 c&c&c&c&c&c&c&c&c& THE INDUSTRIAL RELATIONS ACT Regulations made by the Minister under section 96 of the Industrial Relations Act. GN No. 76 of 1983 Effective 20.05.83 GN No. 116 of 1983 wef 01.07.83 GN No. 201 of 1983 wef 01.01.84 GN No. 2 of 1988 " 01.01.88 GN No. 135 of 1990 " 01.02.90 Act No. 6 of 1996 " 08.03.96 GN No. 178 of 1997 " 01.07.97 GN No. 124 of 1998 " 01.07.98 GN No. 113 of 1999 " 01.07.99 GN No. 152 of 2000 " 01.07.00 GN No. 119 of 2001 " 01.07.01 GN No. 168 of 2002 " 01.07.02 GN No. 157 of 2003 " 01.07.03 GN No. 144 of 2004 " 01.07.04 (Formerly Household Workers (Rem. Order) Regulations 1981 G N No 279 of 1981) 1 These Regulations may be cited as the Domestic Workers (Remuneration Order) Regulations 1983. 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) cleaning and general maintenance of the yard of an apartment house; (b) cleaning and maintaining the common parts of the apartment house, including staircases; (c) checking all the lights of the apartment house and replacing fused bulbs; (d) cleaning and maintaining all drain pipes and outlets, manholes, grease traps, gullies and other related equipment; (e) cleaning and desinfecting all water tanks and garbage dumps; (f) operating electric water pumps; (g) any other cognate duties. (GN No 2 of 1988) "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;and (c) be responsible for - (i) the cleanliness of the place where he works;and (ii) the cleanliness of the crockeries, cutleries, plates and utensils under his care; (d) perform any other cognate duties; "driver"means a worker who is required to - (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; and (c) be responsible for the daily maintenance and cleanliness of the car; "earnings" means - (GN No. 2 of 1988) (a) basic wages; and (b) remuneration paid under paragraphs 2 and 5 of the Second Schedule; "gardener" means a worker who is required to - (a) plant, treat and cultivate flowers, shrubs, trees and vegetables; (b) mow lawns; (c) trim hedges; and (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" means a private dwelling or a bungalow and the grounds attached thereto; "household helper" means a worker who is over the age of 15 but under the age of 18 years and who is employed to give general help in a house; "household worker" means a worker other than a household helper who is required to perform one or more of the following duties - (a) manual work in a house; (b) running errands; (c) baby-sitting. " 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.[G N No 2 of 1988] 3 (1) Subject to regulation 5 a worker shall be:- (a) remunerated at the rate 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 include the appropriate additional remuneration payable under the Additional Remuneration Act. 4 An agreement by a worker to relinquish his right to a paid holiday or to forego such leave shall be void. 5 Nothing in these regulations - (a) shall prevent an employer from paying a worker higher remuneration than that specified in the First Schedule or from granting him conditions of employment more favourable than those specified in the Second Schedule; (b) shall authorise an employer to reduce a worker's remuneration or to alter his conditions of employment so as to render them less favourable . 6 The Household Workers' Remuneration Order 1981 is cancelled. Made by the Minister on 20 May 1983. ............................................................................... SECOND SCHEDULE (regulation 3) 1 Normal working hours (1) A normal working week for a worker, other than a watchman and a garde-malade, shall be of 48 hours. (2) A normal working day for every worker, other than a watchman 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 watchman and a garde-malade shall consist of 12 hours. (b) A watchman 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 worker shall be entitled on every working day to a lunch break of one hour. 2 Extra work (1) A worker, other than a watchman 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 other 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 watchman 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 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 worker, whichever is the higher. 4 Payment of wages A worker shall be paid his wages during working hours - (a) in the case of a monthly paid worker, not later than the second working day in the following month; (b) in any other case, not later than the last working day of the pay period. 5 Leave benefits GN No. 201/83 & Act No. 6/96 (1) Where a worker or a part-time worker is required to work not less than 6 days in a week and has been been in continuous employment with the same employer for 12 consecutive months, he shall be entitled during the following 12 months to - (a) 14 days annual leave; and 21 days sick leave, with pay. (2) Where a part-time worker is required to work less than 6 days in a week, he shall be entitled to leave computed in accordance with the following formula - N/W x number of days of leave granted under subsection (1), where "N" means the number of days he 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) For the purposes of subparagraphs (1) and (2),"part-time worker" has the same meaning as in Part VIII of the Labour Act. (4) Where a worker absents himself on grounds of sickness, he shall notify his employer on the first day of absence, and if he remains sick for more than 4 consecutive working days, he shall forward a medical certificate to that effect so as to reach his employer on the fifth day of absence. (5) An employer may at his own expense,cause a medical practitioner to examine a worker who is absent owing to sickness. 6 Maternity benefits GN No. 135/90 & Act No. 6/96 (1) Subject to subparagraph (2), where a female worker has remained in continuous employment with the same employer for 12 months immediately preceeding her confinement, she shall, on production of a medical certificate, be entitled to - (a) 12 weeks' leave on full pay to be taken at her discretion before and /or after confinement provided that at least 6 weeks' leave shall be taken immediately following the confinement; and (b) an allowance of Rs 300 payable within 7 days of her confinement. Where a female worker who has at any time had 3 confinements is pregnant, she shall not be entitled to the benefits specified in subparagraph (1) but she shall be entitled to only the leave specified in subparagraph (1)(a) without pay. 7 Protective clothing and equipment GN No.2/88 (1) Every employer shall provide - (a) two aprons yearly to every household worker, household helper, cook and household worker/cook and; (b) one pair of boots and 3 pairs of gloves yearly to every gardener working under not less than a 5-day week contract; and (c) a serviceable flashlight to every watchman performing night duties. (2) Every article of protective clothing and equipment specified in subparagraph (1) shall remain the property of the employer. 8 Travelling benefits Where a worker is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the worker's place of residence and his place of work, provide appropriate free means of transport from the worker's residence to or from his place of work or both , as the case may be.[G N No2 of 1988] 9 Subsistence allowance Every employer shall provide a free and adequate meal to every worker who is required to work - (a) beyond 7 p.m. after the completion of a normal day's work; (b) at a place other than his normal place of work and in circumstances in which he may otherwise be deprived of a meal[G N No2 of 1988] 10 Disturbance allowance GN No. 2/88 (1) A worker who is required by his employer to work in a place other than his normal working place shall be entitled to an allowance of Rs 10 daily. (2) No workers shall be compelled by his employer to work in and stay outside his normal place of employment for a period exceeding 3 consecutive days. 11 End of year bonus GN No. 2/88 Every worker who has remained in continuous employment with the same employer for one year on a contract of service for not less than 4 days per week shall be entitled at the end of the year to a bonus equivalent to 1/12 of his earnings for that year.     RLLSD - Page  PAGE 8 hv  XZ\'PQy9 Q `k(fy*Bº5CJ\aJCJaJ 5CJaJCJaJ5:CJaJ5: 5CJaJ 5CJaJCJaJ 5CJaJ5CJ$OJQJaJ$ 5CJ2aJ2 5CJFaJF 5CJaJ 5CJ$aJ$@hjlnprtv/$$d  %d  &d  'd  -DM N  O  P  Q  a$&$$d  %d  &d  'd  N  O  P  Q  a$,- XZ\ ]^7$F$d!%d!&d!'d!-D M N!O!P!Q!]F^a$$^a$&$$d  %d  &d  'd  N  O  P  Q  a$\'mHOPM $Ldh^L`a$ $dh^a$$^a$$^a$ dh]^ $]^a$ $ ]a$M ?  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