Bangladesh’s labour and working conditions laws have been consolidated into the Labour Act 2006. The Labour Act 2006 (as amended) is a comprehensive law that addresses the conditions of service and employment, and other relevant issues. The Labour Act either amended or repealed 23 previous labour laws. Many labour-related laws predating the labour Act 2006 are still binding and enforced, together with new ones that have been enacted since then. Bangladesh has ratified eight of the 10 fundamental Conventions (and one Protocol) of the ILO, most of which are reflected in the Labour Act 2006.
The Labour Act applies to all establishments and all workers, with certain exceptions as set out under Section I(4), namely (a) government offices; (b) security printing press and ordnance factories; (c) charitable establishments such as hospitals, old age homes, orphanages, asylums, and so forth; (d) shops or stalls established for any public or charitable purpose; educational, training, and research institutions; (f) not-for-profit hostels and messes; (g) small agricultural farms and small establishments run by family members only; and (h) domestic hands. The act does not apply to any nonprofit establishments.
The act defines “worker” in Section 2(65) to mean any person, including an apprentice, employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade, promotional, or clerical work for hire or reward, whether the terms of their employment are expressed or implied. The definition does not include a person employed mainly in a managerial or administrative capacity.
Chapter III of the Act provides for restrictions and prohibitions regarding the hiring of minors. The law distinguishes between a child below 14 years of age and an adolescent at least 14 years of age but has not yet turned 18. Although the employment of children under age 14 is prohibited, children between the ages of 12 and 14 may be hired to do only light and nonhazardous tasks and only during working hours that do not interfere with their education.
Section 345 provides that “In determining wages or fixing the minimum rate of wages for any worker, the principle of equal wages for male, female and handicapped workers for work of equal nature or standard or value shall be followed.” Women account for about one-third of the labour market. A study conducted for ILO on the working conditions of ITPs in garment factories and beauty parlors found no evidence of wage discrimination but did find perceptions of different treatment in salary deductions, promotions, and holiday leave. This cannot be allowed to continue.
The present government has assured that they are open to discussion on wage review for the workers through the minimum wage board, confirmed Secretary to the Ministry of Labour and Employment, recently. Tripartite consultation meetings involving the government, factory owners, and labour unions will be called to discuss the wage, he mentioned.
The Bangladesh Labour Rules (2015) set implementation procedures for corresponding sections of the act (DIFE 2019). The Ministry of Labour and Employment (MOLE) is responsible for implementing and developing national action plans and overall coordination. The key provisions address occupational accidents, hazards, and diseases related to accident-prevention regulations, workplace hazards prevention, disease prevention, and safeguards, record keeping and planning, rehabilitation, and awareness building. They should be strengthened with human and other resources to be an effective support force.
Among the allegations are arbitrary dismissals, harassment, and intimidation of workers involved in protests about wages; and the use of local police and other laws to file trumped-up charges and make arrests. Some factories have allegedly prevented workers from forming unions (HRW 2017). This has to be monitored and meaningful actions should be taken.
Child workers can be found in agriculture, poultry breeding, fish processing, the garment sector, and the leather industry, as well as in shoe production, jute processing, and the production of candles, soap, and furniture. They work in the salt industry, the production of asbestos, bitumen, tiles, and shipbreaking. Children, mostly girls, also work as domestic servants in private households. Domestic child workers work long hours and are subject to harassment and emotional, physical, and sexual abuse.
Rule 361A of the Labour Rules (2015) followed by the High Court Division’s directives does not clearly address the principle of “Zero Tolerance”. There is mention of what sexual harassment is, and a mechanism is set up to ensure implementation. There is a gap in facilitating orientation and induction with the workers to ensure that they understand the law and follow it. Furthermore, there is no effective monitoring of the law’s implementation.
There is talk of rebuilding the nation but without addressing these key issues, we will struggle to move forward.
Fayazuddin Ahmad is an Advocate and Development Professional.
