everal laws and policies have been framed in Pakistan over the recent years concerning the home-based workers. However, significant far-reaching impacts of these measures are not fully evident. Rather, a reduction in home-based work and an increase in exploitative practices can be observed over time.

Despite significant legislative efforts by the provincial and federal governments since 2016, the situation for workers remains grim. Comprising mostly women and unregistered small businesses, they continue to face exploitation and challenges that render the beneficial laws ineffective.

Slow enforcement

Some of the laws, in effect, lead to lower wages and increased exploitation. In 2018, the Sindh government announced two labour enactments for the welfare of marginalised classes. These were the Sindh Empowerment of Persons with Disabilities Act, 2018, and the Sindh Home-Based Workers Act, 2018. Additionally, the Federal Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, also applies to Sindh. It guarantees benefits and allowances to the eligible physically able industrial workers.

Sindh became the first province in 2018 to pass a Home-Based Workers Act. In the Punjab, a similar law had been passed in 2015. Since then, the Punjab Home-Based Workers Bill has remained under consideration in the Labour Department’s legislation committee.

Recently, several bills were introduced in Pakistan for the promotion of rights and protection of domestic workers, including the Islamabad Domestic Workers Bill 2021; the Punjab Domestic Workers Act 2019; and the Sindh Home-Based Workers Bill 2022.

According to a former government official, Gulfam Nabi, despite the ongoing legislation, a lack of enforcement has led to an increase in financial exploitation among home-based workers. He says Pakistan has some of South Asia’s best laws, but their enforcement remains weak.

Currently, the government faces the question of whether to recognise home-based workers at par with industrial labour, and, if so, how to provide them with social security and other benefits. Gulfam Nabi suggests that training and registration are essential to ascertain who qualifies as a home-based worker and who does not.

According to some informal estimates, Pakistan has around 20 million home based workers. 12 million of them are women. However, the country has not ratified the ILO Convention C177. A 2021 labour force survey had revealed that there were more than 4.8 million home-based workers in Pakistan working from their “own residences” or “family or friend’s home.” According to a UN Women report in 2016, domestic workers contributed nearly Rs 400 billion to the country’s GDP, accounting for approximately 5 percent. 63 percent of them were women.

The Ministry of Labour and Human Resources and the Ministry of Women’s Development jointly formulated a policy in June 2011 before their merger in 2013-14. After the merger, the policy was handed over to the provinces. However, the process of registering home-based workers is still ongoing.

Who is covered under the Sindh Home-Based Workers Act?

According to the Sindh Home-Based Workers Act, 2018, every registered home-based worker is entitled to social, medical, maternity benefits, compensation and grants including those provided under the Sindh Industrial Relations Act, 2013.

This applies to all individuals working in any industry, cottage industry, establishment, commercial establishment, contractors, sub-contractors, or other parties within the province, whether working from their homes or nearby places.

The exploitation

challenge

Despite the existence of these laws, thousands of workers, especially in low-income jobs and marginalised areas like Saeedabad, SITE Town, Orangi Number 11/2, New Karachi, Korangi and Landhi remain deprived of their rights.

Enforcement is a major challenge. However, the biggest challenge is working in a collaborative framework with the government to promote the principles and rights of workers and make them feel empowered.

The News on Sunday interviewed some home-based workers in Karachi, Thatta and Badin. The interviews revealed that most of them do not get par wages and that women often struggle to receive their payments from middlemen and contractors.

Naheed Mahmood, 31, a resident of Karachi, says she has been hand-sewing garments for 13 years, making Rs 8 per piece. She says that the middleman for whom she works has been reducing her wage over time. She says she has no choice but to work long hours.

Naheed says she is unaware of the location of the Labour Department. She also wonders how she would find out about the laws made for workers’ welfare. She says over time her monthly income has decreased from Rs 45,000 to Rs 25,000, despite the high demand for the products she works on.

Hajra Bibi, 40, is a resident of Badin. For the past 20 years, she has been handcrafting baskets. Hajra says that she purchases raw materials from the market and is paid Re 1 per basket she weaves. She says there is a ready demand for her baskets but she is not getting fair compensation for her work. She also says the middleman often keeps the payments pending.

Hajra says that she has heard about some laws with regard to fair wage but seen no enforcement. She says she is not aware of a way to seek justice except by filing a complaint at the police station. However, several visits to the police station have not resulted in a resolution or support.

Jamala Rashid, 45, of Makli in Thatta district, has been crafting embroidery for 15 years, making a livelihood through this work. Jamala says, “we receive raw materials from small factories in Makli. I manage my household expenses through this embroidery work. However, for the second month I haven’t received my full wage. The contractor says the business is slow and yet, they make us work for 16 hours instead of the promised six.”

She adds, “Last month, some people from the Labour Department came over. They gave me a form and there was some talk about registration. A week later, I was informed that my application had been rejected. They said that since I worked with a factory, I was not eligible. The laws you are talking about haven’t improved my financial situation or my well-being. When I approach the factory supervisor to ask for my payment, he belittles me. I’m forced to endure it and return home in silence due to my dependence on this work.”

Parveen Shahid, 33, a resident of Karachi, is skilled in making accessories and jewelry from beads and pearls. Parveen says that since their work involves no paperwork, the contractor takes advantage of workers and assigns tasks arbitrarily. “Today, the contractor came and said that if I complete 20 kilograms of work over the next two days, I will soon receive my payment for last month’s work.”

She explains, “The 20-kilogram material is equivalent to 18 to 20 days of work. The contractor is demanding delivery in two days. I have no choice but to work all day and include my children in the effort.”

Labour activist Nilam Wahid says there is a need for a council under the Labour Department that includes representatives of daily wage workers, contractors, domestic workers and their unions. Despite the existing laws, she says, little has been achieved in terms of improving the condition of home-based workers, especially with regard to exploitation by contractors.

Piece-rate work

There are two broad types of home-based workers. First, there are piece-rate workers who work for brick kilns and bricklayers. The second type is known as “own-account workers,” who work independently and handle their own marketing. Piece-rate workers are paid according to the number of items they produce and do not have direct contact with markets for their products.

Most piece-rate workers have to bear the cost of raw materials and other related tools and equipment required to prepare goods. They are engaged in various types of production for both local (such as stitching, packaging, making bangles, embroidery and weaving) and international businesses (such as stitching collars, shoemaking, pottery, stitching footballs and volleyballs).

Own-account workers usually have direct contact with the market. They face direct competition from larger firms and have limited access to credit. Their economic conditions are modest and their production costs high.

HomeNet Pakistan has been working since 2005 to identify and help home-based workers. Umme Laila Azhar, the executive director, says that predicting when the laws will be enforced effectively is particularly difficult.

Azhar says the HNP is in constant communication with the government for the enforcement of laws. She says the recent legislation regarding the registration of home-based workers is a step towards implementing these laws. She worries that many home-based workers may have been overlooked in the recent census.

She says while enforcement is a major challenge, the biggest challenge is working in a collaborative framework with the government to promote the principles and rights of workers and to make the workers feel empowered. This includes effective recognition of the freedom of association and the elimination of all forms of forced or compulsory labour, child labour and discrimination in employment and occupation.

The writer is an environmental journalist based in Karachi