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Caregivers can’t be forced to work all day; limit it to 8 hours a day: Kerala Administrative Tribunal

The tribunal noted that ayahs, who cared for mentally and behaviorally challenged inmates, had tasks beyond what was listed in the 2014 Management Manual.

Given the nature of care required by these inmates, these caregivers had to remain attentive throughout the night as well, not just during the day. Therefore, the tribunal opined that it was incorrect on the part of the State to say that ayahs could rest each day after 9 PM.

The tribunal emphasized that the State needs to be mindful of the ayahs’ working hours as per Articles 23 and 24 of the Universal Declaration of Human Rights, 1948 (UDHR), which ensures the right to fair working conditions and rest for everyone.

“The respondents have to recognize the fact that they (ayahs) are also human beings having every right as declared under Article 23 of Universal Declaration of Human Rights (UDHR), to free choice of employment and they are having the right to rest and leisure as well as reasonable limitation of working hours as provided in Article 24 of the UDHR,” the tribunal added.

Source: Barandbench

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