Chittagong Independent University: "Employment Rights & Labour Law in Bangladesh: An Analysis"
Chittagong Independent University: "Employment Rights & Labour Law in Bangladesh: An Analysis"
Research Monograph On
Submitted to:
Submitted by:
Meher Nigar
ID No: 21154021
1
ACKNOWLEDGEMENT
Firstly, I would like to thank Almighty Allah for giving me the opportunity of potential,
endeavor, courage and an opportunity to pursue the LL.M in Human Rights at Chittagong
Independent University.
I would first like to thank my thesis supervisor Mr. Professor Md. Zakir Hossain, Adviser
School of Law, Chittagong Independent University. The door of my advisor’s office was always
open whenever I ran into a trouble spot or had a question about my research or writing. He
consistently allowed this paper to be my own work but steered me in the right the direction
whenever he thought I needed it.
Last but not the least; I must express my very profound gratitude to my parents for providing me
with unfailing support and continuous encouragement throughout my years of study and through
the process of researching and writing this thesis. This accomplishment would not have been
possible without them. You have all helped me to focus on what has been a hugely rewarding
and enriching process.
Sincerely yours,
2
LETTER OF SUBMISSION
Date: 21August, 2022
Dear Sir,
It is a great pleasure of me submitting the research monograph on the topic “Employees Rights
& Labour Law in Bangladesh: An analysis” while doing the research I have given my best to
present the research paper to required standard. I hope this legal research monograph would live
up to your expectation. I therefore, hope that you would be kind enough to go through this paper
for evaluation.
I have tried my level best to include all the relevant information & the explanation to make the
report informative & comprehensive.
I will be always available for any kind of clarification, modification, reflection of any part of this
research paper at your convenience.
Sincerely Yours,
Meher Nigar
ID No: 21154021
3
DECLARATION OF STUDENT
I hereby declare that I have complete this thesis entirely myself and that it describes my own
research and this thesis has not been previously submitted for a degree or diploma at any other
higher education institution. To the best of my knowledge and belief the thesis contains no
material previously published or written by another person except where due reference is made.
Sincerely Yours,
Meher Nigar
ID No: 21154021
4
APPROVAL FROM THE SUPERVISOR
This is approved that the Legal Research Monograph on “Employees Rights & Labour Law in
Bangladesh: An analysis” is a bonafide record and done by Meher Nigar ID: 21154021,as the
partial fulfillment of the requirement of LL.M in Human Rights program of the School of Law,
Chittagong Independent University.
This monograph has been prepared under any guidance and is a record of the bonafide work
carried out successfully.
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ABSTRACT
The Purpose of the study is to find out the Labour Law Practices between Local Govt.
Organizations and Foreign organizations operating in Bangladesh and also the impact on
COVID-19 pandemic. An empirical study is conducted to identify the findings. Respondents are
from both types of organizations. But in some aspects local organizations have done well in
terms of Labor sector practices within the organizations.
The government has to ensure an uninterrupted supply chain while maintaining the safety of
labours, drivers and helpers. Learning from the experiences of other affected countries, that
have managed to de-bottleneck their supply chains, we have to act. The primary data were
collected through in-depth interviews, focus group discussion and key informant interviews. The
findings revealed that COVID-19 implicated detrimental consequences in terms of health, safety
and security, and social relations. The workers also faced a livelihood crisis as their earnings
were curtailed. The study will open the new avenue of research in the field of employee rights
and Labor sectors in Bangladesh.
Keyword: COVID-19, Labour workers, Corona, Business, Transport goods, Employees right
violation, Pandemic, Social welfare, Labour Law of Bangladesh.
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RESEARCH QUESTIONS
4. What are the different types of leave available for workers stated in Labor Law of
Bangladesh?
5. Why is it important that there are laws in place to protect both employers and employees in the
workplace?
6. How we can solve the labour health, safety and security in the Ready-made garment,
construction working sector of Bangladesh?
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Table of Contents
Content Page
No
Acknowledgement 2
Letter of Submission 3
Declaration of Student 4
Approval From The Supervisor 5
Abstract 6
Research Questions 7
1.1 Introduction 10
1.2 Research Methodology 11
2 Chapter-2 12-14
8
4.4 Statutory Framework 18
4.5 Working Hour 19
4.6 Wages, Safety and Welfare 19
4.7 Termination Procedure 20
4.8 Retirement 20
4.9 Paid and Unpaid Holidays 20
4.10 Non-payment or Late Payment of Wages and Benefits 20-21
4.11 Employee Absence 21
4.12 Dirty Drinking Water and Unsanitary Facilities 21
4.13 Physical Assault 21
4.14 Failure of Government and Company Interventions 22
4.15 Violations of Maternity and Social Welfare Programs 22
4.16 Access to Judiciary: Low Awareness 22
5-5.4 Chapter-5 23-25
6.1 Conclusion 26
6.2 References 27-28
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Employees Rights & Labour Law in Bangladesh: An analysis
Chapter-1
1.1 Introduction
Bangladesh is a populated country and here most people include in the labor force. Most of the
labor organizations or companies or garments have their own rules and regulations but all of
them had to follow the minimum statutory standards and must make rules according to the same.
Bangladesh employment law or federal labor law is regulated by the Labour Act, 2006, and the
2015 Labour Rules. In this research, the employee’s right in the workplace regarding the right to
weekly vacations or annual leave or working hours or wages and other rights shall be cover.
In Bangladesh, the COVID-19 patient was first affirmed on 8th March 2020. On 26th March,
considering the rapidity of the virus dispersion, the government decided to implement a
countrywide lockdown. The situation was worst as there was no transport to return from the
villages. It was rapidly reported in various news and public health experts urged that the opening
of such a dense labor-oriented sector will be suicidal during this crucial period of infection.
Supplies from Chittagong port and the country's largest wholesale commodity market
Khatungonj have taken a big hit owing to the shortage of goods carrier vehicles. Transport
workers are declining to drive vehicles amid the coronavirus scare. Following a nationwide
lockdown from Thursday, the supply of goods from Chittagong port fell by more than 80 percent
and over 90 percent from Khatungonj for the shortage of commercial transport vehicles. The
Chittagong Port Authority and Chittagong Custom House have kept their activities running to
keep exports and imports unaffected amid the lockdown. But for a lack of goods carriers,
businessmen are not getting benefits, said Oahidur Rahman, a Khatungonj-based importer. The
shortage of trucks is also harming trade in Chittagong's Khatungonj. Businessmen and experts
have said that if the supply chain of the country's premier port and largest commodity market
Khatugonj do not remain as usual, the supply of products, including essential commodities, will
fall short. Prices of products will surge unusually too as importers bring goods through the port
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and most retailers across the country buy goods from Khatungonj. The government has imposed
strict restrictions on the movement of public transport as part of a countrywide lockdown.
The present study is explorative in nature. Information was collected from both primary and
secondary sources, and both quantitative and qualitative techniques were used. The field research
comprised of focus group discussions (FGD) and individual interviews with working women and
leaders of trade unions and federations, in-depth interviews with the key stakeholders and
observation of working environment in Dhaka and Chittagong. Secondary information was
collected through reviewing existing literature, articles, journals, newsletters and governmental
documents.
The implications of these kinds of issues are apparent in work which is essentially
interdisciplinary in nature but unrecognized as such, and the failures to clearly identify the roles
which the legal discipline can play in closely related fields such as industrial/employment
relations. Generally speaking research methodology in labour law is assumed rather than stated.
While the respondents were from different sectors and performing very different types of work, I
found that they faced common challenges, such as poor housing conditions, low wages, long
working hours, discrimination and restrictions on their freedom of movement.
In short, most were deprived of basic human needs and were not able to enjoy their basic rights.
The families are mostly dependent on the women’s income, which is their primary source of
household income, as the research revealed that most of the women’s husbands especially for the
construction workers, hawkers, and waste pickers were engaged in informal work and irregular
jobs, such as rickshaw pullers, day labourers or hawkers. This is common scenario in
Bangladesh.
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Chapter-2
The COVID-19 situation has significant social and psychological implications (Saladino, 2020).
Psychological and social well-being is affected significantly by "stay at home" orders, social
distancing and other safety precautions needed to contain the pandemic (American Psychological
Association, 2020). In this regard, factory and mills workers are more vulnerable as most of the
workers are women (UN WOMEN, 2020). The study also explored that this situation acutely
induces domestic violence, social conflict and endangers family relations. To answer the query, a
respondent smiled and shared,
There are some elements related to the pandemic that affect a large portion of the population,
such as separation from loved ones, loss of freedom, uncertainty about the advancement of the
disease, and the feeling of helplessness (Lai et. al., 2020). In this regard, the respondents shared
that they did not face such kinds of problems. But few of the respondents informed that they felt
insomnia.
The overall observation of the researcher is that the Labour workers are sympathetic to each
other. They are also satisfied with minimum livelihood. Thus, their physiological conditions
were stable during this time. But, as most of the respondents were female while the interviewer
was a male, due to the conservative socio-cultural norm, there is a probability of hesitation to
share about family life.
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Bangladesh is a densely populated country. The labour sector holds a huge number of workers
who work and live in congested areas. The case of a confirmed patient of COVID-19 was
doubling during the first week of inception. The pandemic situation led to a livelihood crisis all
over the world especially the marginal community; informal workers fell into an extreme crisis
(Chriscaden, 2020; Mustajib, 2020).
In the case of Bangladesh, the economic hit of the COVID-19 jeopardized the impressive
reduction of the poverty rate (Deutsche Welle, 2020). The poverty and livelihood impact of
COVID-19 have two side interruptions:
The supply-side shock emanates from the shutdown of economic activities, whereas the demand-
side shock comes from falling exports and supplies. According to a survey by SANEM, a 25%
negative shock on households' expenditure leads to a rise in the poverty rate in Bangladesh from
20.5% in 2019 to around 41% (Raihan, 2020). However, as the labour sector of Khatungonj in
Chittagong encompasses a lion's share of economic activities and employs 2 million workers,
there are complex implications of the COVID-19 situation on labour workers. Most of the
respondents admired that they faced less or more livelihood crises during the situation. One of
the respondents shared that,
“I could not pay house rent, and shopping bills due in the previous months as the mills
was closed and we did not earn regular wages except basic income”(Personal
correspondence, 19 October 2020).
The livelihood challenges identified by researchers are the inability to manage daily expenditure,
house rent, and foodstuffs. In addition, using monthly savings and borrowing from informal
sources are also identified. The supply-side shock disrupted the availability of commodities
during the lockdown. As a result, the price of several products was increased and it became
challenging for labour workers to manage the expenditures with their limited earnings. In this
situation, the expenditure theme became "Budget of survival" (Deutsche Welle, 2020).
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When interviewing Md. Abdul Mannan, President of Chittagong District Covered Van and Mini
Truck Owners Group and Goods Transport Owners Federation told,
"Around 8,000-10,000 vehicles carrying goods – mainly trucks, covered vans, and lorries
would leave Chittagong port and Khatungonj for other parts of the country. The number
fell to 500 to 400 in the last two days. The drivers and helpers are refusing to run the
vehicles. Almost all the vehicles are lying idle. At the same time, long-distance drivers
who need to take a break on the way are declining to work. This is because everything
has been closed, including shops and roadside tea stalls. Those who agree to do the work
want double their wages."
Port sources said 5,000 trucks, covered vans and Lorries enter the port for goods delivery and
shipment every day. On Friday and Saturday, only 1,423 and 326 TEUs (twenty-foot equivalent
units) containers were delivered, which figure had been 3,873 on average the previous week.
Every day around 500 trucks leave Khatungonj with goods for other parts of the country. But the
normally bustling market has thinned out owing to shortages of goods carrying vehicles.
There is over 160 tea estates in Bangladesh, producing around 63.85 million kilograms of tea of
tea per year, most of which is consumed domestically. Bangladesh is the 10th largest producer of
tea in the world. Tea is the second largest export oriented cash crop of Bangladesh. The industry
accounts for 1 percent of national GDP. Tea-producing districts include Sylhet, Maulvi Bazar,
Habiganj, Brahmanbaria, Rangamati, Chittagong and Panchagarh. More than 300,000 plantation
workers are employed in Bangladeshi tea gardens, and 75 percent are women.
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Chapter-3
When there are disputes between workers and employers or violations of the Labor Act the law
specifies that the case should be handled in a labor court. This comprises a judge, a
representative of the employer and a representative of the workers. But the labor courts have a
reputation for being slow and ineffective
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seven days to explain along with the chance to be heard. In the case of Md. Sadek Ali vs.
Government of Bangladesh and Others Writ Petition No. 7903 of 2011, the General
Manager of the Mills terminated the worker from service. In so doing did not serve him
any prior notice or give him an opportunity of being heard in any manner. The court held
writ petition does not appear to be maintainable and gave the consideration to the
Management of Crescent Jute Mills Ltd. to take the proper decision. (Employee's Rights
at Workplace in Bangladesh – Anika Chy. Jural Acuity Jun 22, 2021).
3. Section 345 of the Labour Act prohibits discrimination. Under this section, male, female
and disabled workers must be given equal wages for work of equal nature or standard.
Section 332 of the Labour Act also states that no person shall behave with a female
worker in an indecent or unmannerly way or in a way that is repugnant to the modesty or
honour of the female worker, regardless of her rank or status in the establishment. While
the Labour Act does not specifically address the issue of harassment, the High Court
Division of the Supreme Court of Bangladesh, in BNWLA v Bangladesh and others, 14
BLC (HCD) 694, set out guidelines on sexual harassment for protecting and
safeguarding the rights of women and girls at workplaces, educational institutions,
universities and other places, wherever necessary. (Employee's Rights at Workplace in
Bangladesh – Anika Chy. Jural Acuity Jun 22, 2021).
3.2 Labour Laws Applicable in Bangladesh
According to the Labour Law, each worker’s wage must be paid before the end of the seventh
day after the last day when the wage is payable. This also applies if an employee has been
terminated by retirement or by removal, dismissal, or retrenchment by the employer. Wages have
to be paid in legal tender or through cheque and in some cases through an electronic transfer in
favor of the bank account of the worker or through any other digital medium. It is to be mention
that no deduction can be made from the wages except the reasons mentioned under section 125
of the Labour Act.
Under section 195, of the following Act given some restriction upon employers, which is the
rights of an employee. Under this section restricted any kinds of discrimination against any
person in regard to any employment, promotion, condition of employment, or working condition
on the ground that such person is or is not a member or officer of any trade union. Also, any
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employees have a fundamental right to take leave. There are many kinds of leave for sickness or
maternity leave or annual leave and others as under the following Act. Employees have a right to
a safe workplace and to ensure workplace safety, the following Act instructs the employers to
regularly examine the machinery. Section 75 of the Act 2006 provides the provisions regarding
safety in the eyes of the workers. It also prohibits workers to engage in duties where the fumes
are likely to be inflammable without precautions. Also, the Labour Act 2006 ensures some
special provisions regarding the health issue as well as safety for the employees under chapter
VII, sections 79-88. According to this chapter, the workers should be notified of such operations
which are hazardous and also harmful to their health.
Chapter-4
Bangladesh’s commitments to promoting workers’ rights devolve from its ratification of several
international treaties, the Constitution and national laws. However, the application of these laws
has been poor and the State’s investment policies have derogated in many cases from workers’
rights.
Bangladesh ratified the International Covenant on Social, Economic and Cultural Rights in 1998,
with reservations placed on Articles 1,2,3,7 and 8. The ILO Declaration on Fundamental
Principles and Rights at Work, 1998 (86th session) is also relevant. Bangladesh has ratified ILO
Convention 87 on Freedom of Association and Protection of the Right to Organize, 1948, ILO
Convention 105, on the Abolition of Forced Labour, 1957 and ILO Convention 182, on the
Worst Forms of Child Labour, 1999. It has signed but not yet ratified the Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families in 1990.
The Fundamental Principles of the State policy provided for in the Constitution relating to
workers are to be found in:
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Article 14, which requires the State to emancipate peasants and workers from all forms of
exploitation;
Article 15, which holds the State responsible to ensure the right to work, that is the right
to guaranteed employment at a reasonable wage having regard to the quantity and quality
of work, and reasonable rest, recreation and leisure;
Article 20(1), which recognizes work as a right and requires that, “everyone shall be paid
for work on the basis of the principle from each according to his abilities, to each
according to his work.”
In addition, the fundamental rights guaranteed in Chapter III, especially relevant to workers’
rights, include:
Article 34, which prohibits all forms of forced labour and makes it a punishable offence;
and
Article 38, which guarantees the right to freedom of association and to form trade unions
The Bangladesh Labour Act, 2006 adopted by Parliament replaced earlier legislation, including
the Factories Act, 1965 and the Factories Rules, 1979, which had established a framework for
safeguarding workers’ rights and decent conditions of work in industrial establishments. The
new Act codified 25 labour laws and reaffirmed the rights of workers to:
Proper wages and benefits that ensure an adequate standard of living for workers and
their families.
Equal pay for equal work and non-discrimination.
Regulated time of work and prohibition on forced labour or slavery.
Safe, secure and healthy working environment.
Fair compensation in cases of work-related death or injury.
Right to organize trade unions for collective bargaining.
Freedom of children from exploitation.
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Proper sanitation facilities, dining facilities, maternity leave, childcare facilities and
human resource development.
Whilst there are some positive changes in the Act, much of the legislation is almost identical to
the previous laws. So, for example, the Act does not impose new legal obligations upon
employers and others in relation to health, safety and welfare. However, the obligations will,
under the new law, apply to a wider range of premises, and include new offences and stricter
sentencing provisions with changes in the prosecution process.
The 2006 Labour Act states the daily and weekly basis of working hours along with the overtime
hours and their payment. The daily working hours shall be 8 hours with an interval as under
section 108. Then weekly working hours shall be 48 hours up to 10 hours per day and 60 hours
per week and on average 56 hours per week. There has a limitation for Women Workers that no
shift from 10.00 pm to 06.00 am without the woman worker’s consent. It is to be mention that
double employment is not allowed for any worker. Wages include salary, any bonus, or
remuneration for overtime or any other remuneration payable in the course of employment.
Wage is a right of an employee but under Labour Act 2006 the wages were not fixed rather it set
a procedure for fixing the minimum wages rate. The maximum wage period is one month.
The employees’ rights of wages, security and others but since early march 2020 the coronavirus
cases continue to increase, the employees have also the right to a healthy and safe workplace.
Every workplace or industry should determine the guidelines for safety and control the
transmission and impact of covid-19.
The provision to keep the workplace clean and safe states section 51 of the Labour Act, 2006 that
every establishment must be kept clean and free from effluvia arising from any drain, privy or
any other nuisance. In particular, it can be said that dirt is to be removed by sweeping the floors,
workrooms, staircases and passages of the establishment on a daily basis.
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Thus, by keeping the workplace clean the transmission of the covid-19 can be stopped. Then
under Section 116, states that, all workers are entitled to sick leave with full wages for 14 days.
These two weeks is also the time taken to be able to detect whether someone has in fact
contracted Covid-19 and is mild.
Thus, this can be saying that these provisions are the rights of each employee during this
pandemic and if any contravention results in such loss of life, the punishment can be up to four
years of imprisonment and/or a fine of up to Taka one lakh. Therefore, if an employer fails to
uphold these safeguards, they would be liable to fine or imprisonment.
The employee or the employer can perform the termination process. The employer can terminate
an employee’s contract if it is proven that the employee is convicted or guilty of a crime such as
fraud, murder, or stealing. Even deliberate disobedience on the part of the employee is reason
enough for the employer to terminate their contract. However, an employer can terminate the
employee in lieu of notice without pay or need of a prior warning in extreme cases. In other
instances, a three-week notice period is granted to the employee. It should be noted that the
termination procedure for permanent or temporary employees varies, so it’s good for new
employers to get familiar with the process for each termination.
4.8 Retirement
An employer can retrench an employee on retirement grounds from the operation of any
institution if any work has been in continuous service under an employer for at least one year, in
the case of such worker being retrenched, the employer shall offer him one month’s notice in
writing specifying the reasons for his withdrawal or pay him salaries for the duration of notice in
lieu of such notice. If these conditions do not fulfill by the employer and employee can go before
the court for demanding his right.
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Some of the holidays that the Bangladesh labor law has sanctioned include weekly holidays,
personal leave, sick leave, festival leaves, maternity leave, and annual leaves. Casual leave days
are granted due to an illness, minor accidents, or some other urgency that keeps the employee
from performing their duties at the workplace. In Bangladesh, casual leaves amount to 10 days in
a year and are paid leaves. 14 days of sick leave are granted to employees in Bangladesh in lieu
of a doctor’s certificate. Annual leave may vary depending on the industry.
Workers in almost all of the factories complained that managers did not pay wages or benefits in
full or on time. This included pay for overtime, maternity benefits, the Eid holiday bonus, and
compensation for working during vacations.
For example, Nazimuddin reported such abuses were common at his former factory:
They didn’t give us the yearly bonus, they didn’t us give a yearly increment; they didn’t
give us money for earned leave. Basically, the factory management didn’t ever follow the
labor law.
If an employee remains absent without warning for more than 10 days, the employer can have
been released from service on and from the date of such absence, that is if the employer had
enquired about the reason for the employee’s absence.
A common complaint is that the factories do not provide clean drinking water to their employees.
This is in clear breach of the Labor Act, which stipulates that every factory must provide “a
sufficient supply of wholesome drinking water.”
In one factory that supplies clothes to Canada and the US, workers said the drinking water
container was so dirty it once had worms in it. “The water is dirty and smelly so we have to take
water from the taps inside the toilets. But we don’t like doing that so have to bring water from
home,” one man said.
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Another female worker, working as a sewing operator in a factory in Dhaka, said it was filthy.
“The drinking water has such a bad smell, it’s not even drinkable. The washrooms are really
dirty,” she said.
Some workers involved in setting up trade unions have faced extreme violence by managers or
by local criminals, known locally as “mastans,” who at times openly admit to acting on behalf of
factory managers. In one case a worker was beaten by a man he described as being an influential
political person connected to the factory owner. In another case a pregnant worker was beaten by
a man wielding a curtain pole. In yet another case a female worker was hospitalized after being
attacked by men with cutting shears.
The poor and abusive working conditions in Bangladesh’s garment factories are not simply the
work of a few rogue factory owners willing to break the law. They are the product of continuing
government failures to enforce labor rights, hold violators accountable, and ensure that affected
workers have access to appropriate remedies. While the Bangladesh government has taken steps
since the tragedy of the Rana Plaza to strengthen its capacity to monitor factories and enforce the
law, it bears responsibility for its failure over the years to enforce labor rights. The companies,
predominantly western, that source garments from Bangladesh also have a responsibility to take
action to counter such abuses. Almost half of the respondents have been in their jobs for less than
5 years, and these were mostly the garment workers. Almost a quarter of respondents reported
having worked in their sectors for over 16 years, and these were mostly waste pickers garment
workers and construction workers.
Bangladesh Labour Law provides that every worker in the formal sector, having completed one
year of service, is entitled to paid leave. No factory provides maternity leave for four months
and most factories give maternity leave only without pay. Participants also report that female
workers many times do not want to bear child because of fear of losing the job. Very few
garments factories have introduced provident fund and gratuity for the workers. Group insurance
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is also not effective in most of the garments factories. In construction sector, workers are
completely deprived of all these programs. The street vendors, waste pickers, construction
workers, and home based workers rest when they have the time as needed. Factory workers get
one day of leave in a week. Domestic workers who live with the house owner stated that they
generally do not get time to take rest, even when they are sick. Sometimes they do not get
festival leave.
Very few workers get the opportunity to take legal measures concerning conflicts with
employers. They usually inform the police about such issue and a few take actions through the
workers association. A large numbers of workers do not know whether they can take legal
measures against their employers.
Chapter-5
Labour conditions in EPZs remain governed by the 1980 Export Processing Zones Act and are
overseen by the Bangladesh Export Processing Zone Authority (BEPZA).6 Workers in EPZs are
not allowed to form trade unions, although they are permitted to form weaker Workers’ Welfare
Associations (WWA), under the 2019 Bangladesh EPZ Labor Act.7 The Bangladesh EPZ
Labour Act was meant to address some of the gaps in the legislative framework concerning
EPZs. However, labour leaders opposed the government’s decision to bring workers of all EPZs
under the new law. Labour leaders argued that the move would deprive workers of their
fundamental rights under the BLA and that two types of laws for workers were discriminatory
and in violation of International Labor Organization (ILO) standards, including ILO Conventions
87 and 98. Concerns center primarily on the EPZ Labour Law’s limitations and restrictions in
regard to the exercise of freedom of association and collective bargaining by workers. The EPZ
Law deviates from the BLA notably on two important issues: freedom of association, including
the right to trade unions and labour inspections.
5.2 Violations of Labour Rights and Women’s Rights in the Construction Sector
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Workers in Bangladesh’s growing construction sector work in hazardous conditions with very
little or no protection from human and labor rights violations. Although the BNBC stipulates
specific working conditions applicable to the construction sector such as requirements that
anyone working with concrete must wear helmets and gloves, and that construction companies
are to ensure that any open space that may pose any danger or risks of falling from the floors are
to be covered or cordoned off these requirements are often ignored by both construction
companies, who are more interested in ensuring projects are finished quickly and the authorities,
who have shown little interest in enforcing these basic rules.
Work undertaken by construction workers is hard, strenuous, and hazardous and includes
different types of skilled and unskilled work in various trades, such as excavation work,
plumbing, masonry, pile-driving, painting, glaziers, electrical work, metal fabrication, roof
casting, and more. Construction workers mainly work in three positions according to their trade:
head mistri (head mason), mistri (mason), and jogali (helper). Although accurate and up-to-date
statistics on deaths and injuries in the construction sector are hard to come by, there are
indications that the numbers are likely high. Bangladesh’s geographic particularities, which
make the country prone to a variety of natural disasters including cyclones, floods, and river
erosion, have compelled many people, especially those from poorer and marginalized sections of
the society, to migrate from their districts of origin to bigger cities in order to find work.
The Bangladeshi Law states that no children below the age of fourteen should be allowed to
work in any factory. In case a child is above fourteen years of age, he will be allowed to work as
a trainee or if he has received a certification of fitness and government permission that clearly
states his capability to be exposed to a work environment. It is important to note that not all labor
laws in Bangladesh are enforced. For example, child labor is a common practice in Bangladesh,
despite what the law states. It is common to find children as young as six- or seven-years-old
working.
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There are around 2 million domestic workers in Bangladesh and most are women and girls. Child
labour is rampant in this kind of work: the ILO estimates that there are 420,000 child domestic
workers in Bangladesh.
There are usually three types of domestic workers: workers who are
The working conditions of domestic workers in Bangladesh are among the most indecent and
exploitative. They do not have weekly leave or sick leave. For many, they can only dream of
earning a living wage, receiving a festival bonus, medical treatment cost, rest time, and even
have their own room in the household. Most of the live-in domestic workers sleep on the floor of
the drawing room. They very frequently experience physical assault, verbal abuse, threats of
being dismissed, stress from overwork and unreasonable amounts of work, mental frustration,
lack of recreation, insecurity etc.
Despite the fact that construction work is generally hazardous, construction workers are rarely
provided with adequate safety gear. Female construction workers are often seen working
barefooted or wearing rubber sandals, and many work wearing saris, which provide little
protection from injuries. They work under the sun breaking bricks or stones, carrying heavy
construction materials without any safety equipment such as gloves, goggles and helmets.
Sometimes they make their own handmade gloves or wrap pieces of cloth around their heads to
protect their hands and heads. In most working sites, there are no first aid boxes or facilities
available for medical treatment and neither the company nor contractors provide workers money
or facilities for treatment, even when they are engaged in risky or hard jobs, such as loading and
unloading construction materials, including stones, from ships.
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Chapter-6
6.1 Conclusion
The Labour Act is quite well to protect the rights but some mechanisms are very poor like this
does not mention the consequence if any employee’s faces sexual harassment in the workplace.
The prevalence of human rights violations in both the RMG and construction sectors points to
severe deficiencies in both the legal framework meant to protect workers’ rights as well as the
implementation and enforcement of existing laws.
Though it is said that the Bangladesh Labour Act 2006 is a strong piece of legislation that covers
the majority of the international standards but workers continue to face serious conditions
without effective enforcement of it. There are fatal problems in the enforcement of the existing
labour laws also it is proved that the law is inadequate to many extents to address the need of the
workers. Thus, to ensure better rights the government shall keep monitoring the industries and
other workplaces.
The current labor law is not adequate to address the present needs of workers, particularly
women workers. Punishments for labor rights violations are not spelled out under the current
legislative framework. In some cases, the law is simply silent, and in other cases, the penalty is
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insufficient. In addition to the marked absence of domestic enforcement of law, there is also no
international mechanism that can be used to hold foreign companies operating in Bangladesh
accountable for conditions in their supply chains. Without effective enforcement of the labor
law, workers continue to face unacceptable working conditions and recurrent violations of their
rights.
6.2 Reference
www.bdlawnews.com/perspective-of-labour-law-in-bangladesh-advocate-wasim-khalil.
(n.d.)
Akter, S. (2020, September). Covid-19 and Bangladesh: Threat of Unemployment in the
Economy. In 5. International EMI Entrepreneurship and Social Sciences Congress
Proceedings E-Book (p. 280).
Babbie, E. R. (2020). The Practice of Social Research. Boston, MA: Cengage Learning
Inc. Begum, M., Farid, M. S., Alam, M. J., & Barua, S. (2020). COVID-19 and
Bangladesh: Socio-economic analysis towards the future correspondence on workers
right.
Asian Journal of Agricultural Extension, Economics & Sociology, 143-155.
https://tahmidurrahman.com/employee-rights-labour-law-in-bangladesh/
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http://www.nationsencyclopedoa.com/ economics/ Asia and pacific/ Bangladesh.
The Bangladesh Labor Act-2006
The Bangladesh Labor Act-2013(Amendment)
Madeleine Jalava(2015), Human Rights Violations In the Garment Industry Of
Bangladesh, page, 35
https://www.dol.gov/ilab/trade/preference-programs/bangladesh-gsp.htm
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https://juralacuity.com/employees-right-at-workplace-in-bangladesh/amp/
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