Domestic Workers’ Rights: A Critical Analysis of Labour Legislation in Sri Lanka

Abstract

Domestic works can be considered as fastest growing economic factor in many parts of the world. Though this domestic works and domestic workers are most important, the respect and admiration of them and their service is less. “Domestic Workers” is a category that has an uncertain position under labour legislation in Sri Lanka. Uncertain and unclear situation of legislation on domestic workers has created dispute among workers and their masters. To find out the domestic workers position and protect their rights is essential to identify the existing labour law regime in Sri Lanka. Thus to find out the definite position of domestic workers, this research attempts to critically analyze the Sri Lankan existing labour legislation. Do the Domestic workers are not identified as workers in Sri Lankan Labour Law regime, caused to infringed their rightsis the research problem of this research. There are number of labour legislation can be identified in Sri Lankan existing legal regime. Some legislation interpret ‘workmen and work place’ in favor to domestic workers. But some legislation intentionally excluded them from its scope. Some legislation is not very much clear and difficult to get certain idea on them. As not having a proper legal framework on domestic workers in Sri Lanka lots of abuses, discriminations, rights violations and harassments are happening on them as they are mostly vulnerable and working in isolated environment. Hence it is very much essential to take an immediate action to overcome these issues and make pleasant and decent working environment for domestic workers in Sri Lanka.