Managing Committee has no right to stop any maid
Managing Committee has no right to stop any maid, worker for shifting, delivery by milkman or workers coming for renovation. This is what association of Maharashtra Societies Welfare Association has opined on the issue of maids.
By Varun Singh
A major debate on whether maids be allowed or not in housing societies has taken centre stage,
Many Managing Committees across the city decided to ban maids, some asked them to get COVID 19 test reports.
Maid union countered this by asking whether employers will show their COVID 19 reports to maids?
The debate reached the doors of Maharashtra Societies Welfare Association (MahaSeWa), a body comprising of housing societies.
MahaSeWa discussed the issue during a webinar and came to the conclusion that, Managing Committees has got no right to stop a maid or a domestic help to come and work.
CA. Ramesh Prabhu, Chairman (MahaSewa) said that when the lockdown happened from March 24, onwards, the collectors from the respective districts and District Deputy Registrar of Cooperative Societies issued notification on March 26, stating that no outsiders should be allowed inside the cooperative society this included house maids, electrician, plumbers, drivers and other support staff etc.
Discussing the issue, whether Managing Committee should allow the maid servant, give permission to finish the renovation work or allow member for tenant shifting, Prabhu relied on the Guidelines framed by Government of Maharashtra dated May 31, 2020 and interpreted as follows.
A) Sub-Clause (ii) of Clause 6 of the order says that Activities related to self-employed people like plumbers, electricians, pest-control and technicians with social distancing norms and usage of masks and sanitization are allowed.
B) All activities, which are not in the clause 8 of the order and which are not explicitly prohibited or banned, shall continue to be permitted with following conditions.
a. No permission is needed from any govt./authorities for permitted activities
After examining the above two clauses Prabhu says that it can be concluded that;
1. Maid servants / domestic helps are “Self Employed” and are not explicitly prohibited or banned shall continue to be permitted without any permission form any govt. authorities.
2. Similarly, renovation of flats and shifting of tenant are not explicitly prohibited or banned shall continue to be permitted without any permission form any govt. authorities.
Prabhu says, “Hence, Managing Committee has no right to stop any maid servant / domestic help / worker for shifting / delivery by milkman or workers coming for renovation. It was also clarified that it is not legal to impose any levy any fine or penalty on member in case of violation of any guidelines.”
According to Prabhu, it is the responsibility of the society to adopt standard operating procedure to prevent the spread of COVID 19.
He also clarified that the Managing Committee not only have right but also responsibility to report cases if they find any one coming from Containment Zone or they show symptoms of COVID 19.