PRESENTATION ONBANGLADESH LABOUR SECTOR

Presented byJhuma Halder

Bangladesh Labor Law - 2006, it’s Limitations and Oikko (“unity”) Project interventions, Bangladesh Labor Rule 2015

Issues to be discussed

Outline: Bangladesh Labor Law

Introduction to Labor Law

Purpose of Labor Law Objects of Labor

Legislation Background of

Bangladesh Labor Law Present Labor Law Conditions of

Employments Employment of young

persons

Maternity benefits Health, Safety and

Hygiene Welfare activities Workers perception in

companies profit Working hour and leave Wage and payment Trade Union and

industrial relations Penalties and procedure

Outline: Limitations of BLL Appointment letter, Oral contract, Dismissal of workers Working hour, Wage awareness, Workers’ participation in company's

benefit Weekly rest day and leaves , Rest periods Child labour, Discrimination in job placement, increment and promotion Occupational risks, risk information, risk prevention. Safety facilities, Unfriendly work place environment, Occupational illness Harassments at the workplace, Welfare facilities, Violations of maternity

and social welfare programs Garment and construction, Barriers to TU formation, Collective

bargaining Right to strike, freedom to express grievances, role of TUs and tripartite

process, Inspection: “fire brigade” approach, Access to judiciary: low awareness.

Outline: Oikko (“unity”) Project Interventions

Addressing issues: Compliance Addressing issues: Gender Addressing issues: Problems Addressing issues: Discrimination Addressing issues: Rights Addressing issues: Access to Justice Oikko (“unity”) Project Actions Suggestions Recommendations Feedback, Questions and Comments

Enacted in 11 October, 2006 and amended in 2013

Bangladesh Labour Law - 2006

Introduction Law is a technique for the regulation of social

power. Labor law concerns the inequalities of bargaining

power between employers and workers. Labor law (or “labor”, or “employment” law) is

the body of law, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations.

Labor Law means those rules & customs of state by which the relation of employer

Purpose of Labor Law Labor law, is to regulate, to support and

to restrain the power of management and power of organized labor.

Labor law is chiefly concerned with this elementary phenomenon of social power

Labor law has always been to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship

Object of Labour Legislation To improve the senile conditions of

industrial labor so as to provide for them the ordinal amenities of life, and by that process.

To bring about industrial peace which could in its turn accelerate production activity of the country resulting in its prosperity.

Counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship

Background of Bangladesh Labor Law - 2006 During the Pakistan regime the Factories Act, 1934 continued up to 1965.

The then East Pakistan Assembly repeated the said Act and in its place re-enact the same and passed the East Pakistan Factories Act,1965 (Act IV of 1965).The Act was passed in the Assembly on the 5th August, 1965 and was published in the Gazette dated 1st September,1965.After liberation of Bangladesh on the 26th March,1971 the Act remained in force.

The laws which this Code has replaced were made mostly during the British Colonial regime and Pakistan period and they were as many as 50 in number. In many cases these laws were outdated, scattered, inconsistent and often overlapping each other.

In 1992 a Labor Law Commission was formed by the Government of the day which examined 44 labor laws and recommended to repeal 27 laws and it prepared a draft Labor Code in 1994. This draft of Labor Code,1994 underwent series of changes in its vetting stages and finally the Bangladesh Labor Code 2006 was passed by the Parliament on October 11,2006.The Bangladesh Labor Code 2006 is one of the very recent laws with major overhauling changes in the field of labor legislation.

Conditions of Employments Every employment record of workers and

other incidental matters shall be regulated under section 3 of Labor Law 2006

Service rules and approval of employment by employer shall do within six months of the receipt of application to chief inspector

After approval of chief inspector service rule will put into effect

Aggrieved person can appeal within 30 days of order passed by chief inspector

Employment of young persons Under section 34 of Bangladesh Labor Act –

2006 restricted adolescent to employed or permitted to work in any occupation or establishment unless- person provide fitness certificate granted by a registered medical practitioner and he will be working with reference in the custody of employer

The adolescent should have vocational training and he must be employed in the period of emergency with the interest of wellbeing of the employer granted by Government

Maternity benefits

A established pregnant woman worker receives eight week maternity benefits

After confirmation of her pregnancy, she must inform to the authority for her leave orally or written that she expects to be confined within eight weeks

She must nominate someone to take her benefits, in case of death Any woman who has not given such notice and has been delivered

of a child, shall within seven days, give similar notice to her employer that she has given birth to a child

If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled.

Health and Hygiene

All the floors, windows, and other work rooms of the factory must be kept in clean and free from effluvia arising from any drain, privy or other nuisance in every week

All the walls, inside partitions, all ceilings, tops of rooms, and walls, side and tops or passages must be painted or varnished, be repainted or re varnished at least once in every three years, and where they are painted or varnished and have smooth imperious surface, be cleaned at least once in every fourteenth months, or kept white-washed or color-washed and the white-washing or color washing shall be carried out at least once in every fourteen months

Health and Hygiene Ventilation and temperature will secure to workers for reasonable

conditions of comfort and prevent injury to health Effective arrangements (dust or fume or other impurity) shall be made in

every establishment for disposal of wastes and effluents, humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.

Work-rooms shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible

A sufficient supply of wholesome drinking water marked ‘Drinking water’ in Bangla

Separate latrine and urinal for male and female, adequately lighted and ventilated, and maintained in a clean and sanitary condition at all times.

Employer should be provided, at convenient places, sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition.

Safety All the workers are accessible to receive first aid from the factory at the time of

working hour. A registered medical practitioner will examine adolescent person Declare the specific operation addressing hazardous;

Prohibit or restrict employment of women, adolescents or children in hazardous operation;

Provide periodical medical examination of persons employed in dangerous operation and prohibit employment of persons not certified as fit for such employment;

Provide protection of all persons employed in the unsafe operation or in the vicinity of the places where it is carried on and the use of any specified materials or processes in connection with risky operation;

Notify specifying use and precautions regarding use of any corrosive chemicals and to cause physical injury to any worker at any time immediately after it has come to employer’s notice about dangerous building and machinery;

Occupational Health and safety

Establishments are required to put up for every 150 workers one first aid box and one

trained person per first aid box, and an equipped dispensary with a patient-room, doctor and nursing staff.

Employers are required to take appropriate measures to protect workers from danger and damage due to fire.

Every establishment is required to be kept clean and free from effluvia arising out of any drain, privy or other nuisance.

The work room should not be overcrowded and injurious to the health of the workers.

Every establishment should provide pure drinking water, sufficient light and air, and separate toilets for its male and female workers.

Accident related issues Inform about accidental issues causing loss of life or bodily injury, or when an

accidental explosion, ignition, outbreak of fire or irruption, outbreak of fire or irruption of water or fumes occurs in an establishment;

Prevent and take precaution of any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition;

Take necessary steps for building, ways, machinery or plant that can used with safety and at least one alternative connection stairway with each floor and such means of escape in case of fire and firefighting apparatus, window, or other exit affording means of escape in case of fire, other than the means of exit in ordinary use and a free passage-way giving access to each means of escape in case of fire;

Mark in Bangla and in red letters of adequate size or by some other effective and clearly understood signs.

and will give decision as to the fitness of that person; All the workers are able to receive washing and bathing facility after using chemicals; All the workers are entitled to receive compensation after attack with any disease at the

time of professional work for the particular work and directly attribute to a specific injury by accident arising out of and in the course of his employment

National OHS Policy Framework The constitution of Bangladesh adapted on the

November 4th 1972 recognizes productivity as a basic need for economic development and covers the right to work and reasonable wages, medicare and, disease and disablement. And thus it is assumed the health and safety of industrial workers has been taken care of. The Occupational Health and Safety Services in Bangladesh, is still in the developmental stage. In Bangladesh Occupational Health and Safety generally refers mainly to needs of workers of industries or some manufacturing process but does not completely cover all recognized occupations of the country.

Welfare activities All the workers are accessible to receive first aid

from the factory at the time of working hour. A registered medical practitioner will examine adolescent person and will give decision as to the fitness of that person;

All the workers are able to receive washing and bathing facility after using chemicals;

All the workers are entitled to receive compensation after attack with any disease at the time of professional work for the particular work and directly attribute to a specific injury by accident arising out of and in the course of his employment.

Welfare and social protection Gratuity is defined under the law as separation payment, at least 30 days,

for workers discharged from work and yet have worked not less than 6 months.

Factories are required to have an in-house canteen for every 100 workers. Every establishment/employer is required to form a Provident Fund if three-

fourths of its workers demand it by written application, and a Workers’ Participation Fund and a Workers’ Welfare Fund for its workers.

Establishments with 200 or more workers should institute a group insurance. Every employer should provide compensation to its workers for work-related

injury, disability and death. Various women’s’ issues are also covered: maternity leave of 16 weeks (8

weeks before and 8 weeks after child birth), no gender-segregated wage structure, prohibition of any form of discrimination against women, prohibition of women working between 10:00 p.m. and 6:00 a.m. without consent, prohibition for women handling running or dangerous machines (unless they are sufficiently trained to operate such machinery), prohibition for women working under water or underground.

Workers perception in companies profit

Every worker has the right to participate in company's profits/benefits.

Incase of fatal accident the employer will prescribe notice within 30 days of the opinion of employee and deposit compensation on accident of death.

Working hour and leave

Any adolescent worker will allowed to work in a factory 5 hours in a day and 30 hours in a week.

The overtime of the adolescent will not exceed 36 hours to 48 weeks

8 hours a day and 48 hours in a week for a established worker Every workers are entitled to holidays, casual leave, festival

leave, annual leave and sick leave Workers are entitled to rest and meal in a day as follows: (i)

one hour interval for over six hours work a day; (ii) half an hour interval for more than five

hour work; and (iii) one hour interval once or half an hour interval twice for more than

eight hours work a day.

Wage, Compensation and Payment

Employers are mandated to observe equal wages for male and female workers for work of equal nature or value.

A ‘Minimum Wage Board’ is established to determine the minimum rates of wages in different private sectors, taking into consideration varied criteria: cost of living, standard of living, cost of production, productivity, price of products, business capability, and economic and social conditions of the country.

Roles and responsibilities of Trade Union

"trade union" means any combination whether temporary or permanent, the principal purposes of which are, under its constitution, the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade.

TUs inspire every member of Union to abide by laws/rules on OHS and aware the workers and officials about the law and rights with responsibilities; Participate, cooperate and provide necessary support in bilateral and tripartite discussion and activities on OHS; Expand full support to the activities of occupational health surveillance in identifying work related diseases or OHS problems.

Trade unions preserve the right to collective bargaining for any specific issues. Federation of trade unions will call general meetings specially convened the purpose,

by the vote of note less than majority of the total membership will be selected for bargaining agent on behalf of all workers.

Federation members will keep commitment with mutual trust, understanding and co0operation between employer and the workers.

Bargaining agents will influence and inspire other members for vocational training, workers education and family welfare training.

Industrial Relations with Trade Union

Workers have right to form a trade union within factory. Every worker has right to join in trade union. No workers shall

be allowed for duel membership of trade unions. Trade union must have constitution and shall be applied for

registration of the concerned area. Incase of immoral activities or conviction or offensive

involvement within the factory trade union will be closed. After proper investigation and findings of the offence factory owner will apply before Labor court for cancellation of the registration of trade union.

A group of trade union will compile a trade federation and will be registered showing the receipt of expenditure, meeting proceedings, register book and other documents on behalf of trade unions.

Labour relations and social dialogue

Every worker employed in any establishment has the right to form and join a trade union of their own choice. Trade unions have the right to draw up their own constitution and rules and to elect their representatives. Also, trade unions have the right to form and join in a federation and such unions and federations have the right to affiliate with any international organization and confederation of trade unions.

The trade union is allowed to serve as a collective bargaining agent in any establishment.

In case of industrial disputes, the two sides can seek resolution through negotiation, followed by conciliation and eventually arbitration if negotiation fails.

The collective bargaining agent is entitled to file a notice of strike (or lockout in the case of the employer) with a 15-day cooling-off period.

Employers can not recruit new workers during the period of a strike. Employers are also prohibited in terminating workers in the course of

trade union organizing in the work place.

Penalties and procedure BDT – 10,0000 (Ten thousand taka) in case of continuing

failure, a further sum which may extend to BDT – 1000. An aggrieved may file application for compensation within 6

(six) months from the date of order and review order on behalf of penalty.

In case of adolescent the penalty can be extended to BDT – 5000

In case of child labour the penalty to guardian (parent of the child) may extend to BDT -1000

In case of failure to give notice of accident, punishment with fine, which may extend 1000 to 3000 or with both.

In case of unfair labor practice punishment with imprisonment for a term which may extend to 2 years or with fine which may extend BDT – 10000.

Penalties and procedure

Breach of settlement award or decision shall be punishable imprisonment, which may term 1 year or with fine may extend BDT 10,000.

Penalty for illegal strike or lock out or instigating strike or lock out or go slow can be imprisonment of a term which may extend to 1 year or with fine which may extend to BDT 5000 or with both.

Penalty for misappropriation of trade union funds (any money of workers, provident fund) can be imprisonment for a term which may extend 3 years and shall also be liable to fine.

Penalty for unregistered trade union shall be imprisonment, which will be extended 6 months and fine BDT 2000 or both.

Penalty for false certificate of fitness (knowingly) shall be imprisonment for a term which may extend to 3 months, or with fine which may extend to BDT 1000 or both.

Enforcement Government shall appoint the Director of Labour and “such

number” of Additional Director of Labour, Joint Directors of Labour, Deputy Directors of Labour and Assistant Directors of Labour as necessary for monitoring workplace activities.

The Government shall appoint a Chief Inspectors and requisite number of Deputy Chief Inspectors, Assistant Chief Inspectors or Inspectors. These officers have the power to enter, inspect and examine any workplace premises and ascertain the observance of labour laws.

The Government has the power to establish as many Labour Courts as it considers necessary. A Labour Court shall consist of a chairman and two members (one representing employers and the other, the workers).

Practical scenario

Limitations in Bangladesh Labor Law

Limitation Appointment letter: A dream to most workers. Though the law has made it

mandatory for employers to provide appointment letter to the workers, a large number of garments workers are still deprived of appointment letter (45.3%). Although garments employers often prepare appointment letters (usually two copies: one for employer and another for global garments buyers), they do not give copies to the workers. In the construction industry, none of the workers reported receiving any appointment letter.

Oral contract: pervasive Practice. In the absence of written contracts, what prevails in general is oral contract. Also, a good number (30.2%) of workers do not get identity cards from their employers.

Dismissal of workers without notice. Over one-fourth (26.4%) of the respondents in the garments industry affirmed that employers always dismiss workers without any prior notice. The situation is more or less the same in the construction industry.

8-hour work, OT rules hardly followed. All the garments workers said that they work more than eight hours daily. Sometimes they work 13-14 hours a day. There are workers who even work extra five hours of daily OT. About one-third (33.5%) of the garments workers do not know the OT rate, with 13 per cent of the respondent garments workers getting less than Tk.10 for every hour of OT work against the minimum Tk.10.80 per hour OT work. For the construction workers, work hours range at 8-12 hours.

Limitation Low wage awareness. More than half (52.4%) of the respondents do

not know whether they are receiving wages according to their grades. A large number (about 40 %) of respondents in the garments industry also do not know whether the minimum wage is implemented at their workplaces. More than half (54.7%) of the garments workers and almost all (98.1%) of the construction workers do not receive pay slip or any other document concerning the payment of wages and benefits.

Missing workers’ participation in company's benefit. Garments workers are not aware about any provision regarding workers’ participation in company’s benefit.

Weekly rest day and leaves not observed. Many garments workers do not have the chance to enjoy weekly rest day. Most workers get festival leave but employers often impose conditions to enjoy the leave. Legal provisions on casual leave, sick leave and annual leave are widely violated. Sometimes some employers make wage/salary deductions for the workers to enjoy weekly rest day, casual leave, sick leave and festival leave. In the construction industry, most workers do not have the chance to enjoy these leaves as the compensation policy is simply ‘no work, no pay’.

Limitation Rest periods: irregular. Only 13.2 per cent of the garments workers have admitted that

they enjoy regular rest periods, meaning the majority enjoy this right in a highly irregular manner. In the construction sector, 49.5 per cent respondents reported that this right is limited in practice.

Child labour: still a reality. Both the garments and construction industries still employ child workers (below 14 years of age), per observation by 9.9 per cent of worker respondents in the garments industry and 13.1 per cent in construction. Three respondents happen to be below 14. The employment of child workers in both the garments and construction industries is governed by oral contract. The nature of work given to these child workers are the same as those given to adult workers.

Women discriminated in job placement, increment and promotion. Female garments workers are not discriminated with regard to wages. But they face discrimination in job placement, increment and promotion. In the construction industry, females are discriminated in wages, benefits and other areas.

High occupational risks, low risk information, limited risk prevention. Workers in both industries face numerous occupational risks and accidents. The most common risks in garments are the “pricking of finger by needle” followed by “cuts” in hand. In construction, the most common risk is “falling down from high place.” And yet, employers usually do not provide information on these occupational risks, as explained by 43 per cent of worker respondents in the garments industry and 65 per cent in construction. Majority (61.8 % in garments and 72.1 % in construction) of respondents said that authorities have not taken any measure to prevent further accidents at their workplaces. In garments, while some measures are taken, these are not sufficient and often done before the global buyers’ presence.

Limitation Safety facilities: inadequate in garments and absent in construction. In garments factories, fire

extinguishers and emergency stairs are present but are generally inadequate compared to the number of workers. Some factories do not even have these facilities, with emergency stairs even kept under lock and key by some employers. Safety equipments and tools are also not always provided to the workers. A large number (46%) of respondent do not know whether they are provided safety tools. Many workers also do not get any risk reduction training. Only 2.8 per cent of the construction workers get safety tools from the employer.

Unfriendly work place environment. While majority of the respondents said that the conditions of ventilation, lighting, temperature and humidity are good in their work place, about one-fourth said that this is not so. In the construction sector, most of the respondents claimed that the facilities to contain dirt, heat, ventilation, dust, noise, smoke, humidity and so on are bad or non-existent. Further, in most cases, there is no safe drinking water.

Occupational illness The proportions of workers who said that they have suffered occupational illness are 18.4 per cent in garments and 29 per cent in construction.

Harassments at the workplace. About 40 per cent of the garments workers and 30 per cent of the construction workers said that they endure mental harassment (due to verbal abuse and the likes). More worrisome, more than one-fifth (21.7 %) in the garments industry and a few (8.4 percent) in the construction mentioned that they have experienced or faced physical harassment and torture. A few respondents (1.9 % in garments and 0.9 % in construction sectors) also admitted that they were harassed sexually at their workplaces. All these answers were affirmed by the FDG participants.

Welfare facilities: available in law only. The BLL enumerates various welfare facilities like first aid kit, canteen, restroom, day care/children’s room, medical care, separate place/room for lunch at the workplaces of the workers. However, a large number of the respondents said that they are not provided with many of these facilities. In the construction sector, very few (9 %) said that they have first-aid kits; most said that the other facilities are generally absent.

Limitation Violations of maternity and social welfare programs. 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 is also not effective in most of the garments factories. In construction sector, workers are completely deprived of all these programs.

Garment and construction: generally unorganized. Most of the workers in the garments and construction industries are not organized. Almost all of the respondents mentioned that there is no workers’ association in their factory or at the workplace. A few reported on the existence of workers’ association that are not trade union in nature.

Barriers to TU formation: fear of losing Job, long hours of work. Garments and construction workers do not join trade unions, as they do not want to lose their jobs. Workers in both sectors disclosed that their employers would dismiss them from job if they are found engaged in any sort of activities related to workers’ association. There are cases where employers send workers suspected of union organizing to police custody. Also, since workers of these two industries log long hours of work every day, they hardly have time for trade union activities.

Collective bargaining: limited and informal in nature. Predictably, only 2.8 per cent of worker respondents in the garments industry and 0.9 per cent in the construction admitted that they have knowledge or been involved in collective bargaining with their employers. Moreover, bargaining is of the limited informal type, with garments workers bargaining with the employers through informal mediators and construction workers with individual contractors.

Limitation Right to strike: widely unrecognized. Only 7.5 per cent of the garments workers and

4.7 per cent workers in the construction said that strikes were conducted at their workplaces. Workers in both industries perceive that the right to strike is never recognized at their workplaces, with some employers even punishing workers who go on or participate in strikes. A significant number of workers even do not know whether they have this right.

Limited freedom to express grievances, limited role of TUs and tripartite process. The opportunity for the workers to express their grievances at the workplace is severely limited. Disputes raised at the shop floor are solved mainly through informal discussion in both industries, presumably with the HR departments of the factories. The role of workers associations and tripartite body were mentioned by only a few garments workers.

Inspection: “fire brigade” approach. Most workers said that they never met any government officials coming and inspecting their workplaces. Those who have visited their work places talked only to the employers. Also, inspections take place only after some accidents have occurred, like the fire brigade taking action after the fire.

Access to judiciary: low awareness. 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 action through the workers association. A large numbers of workers (68.4 % in garments and64.5 % in construction) do not know whether they can take legal measures against their employers.

Oikko (“unity”) – United for translating rights into action NOW.

Project intervention

Addressing issues: Compliance

Women’s café Safe group space for meeting Income generating ideas: over time,

benefits, facilities, compensation Workers’ association Context specific strategies Super leaders

Addressing issues: Gender

Realities and interests Awareness raising sessions Opportunities for women’s agency Wide ranging information center Stigma and discrimination Access to services

Addressing issues: Problems

Outreach and support Project interventions Community transformation Rights and corrections Emerging issues: norms, policy,

legislation

Addressing issues: Discrimination

Gender Relationship Service providers Leadership rolls, capacity building,

linkages Trade unions Political parties/Bargaining agents

Addressing issues: Rights Minimum wage Living wage Facilities Services Fundamental rights Labor rights Compliance issues Health and safety

Addressing issues: Access to Justice

Decision making position Quality and information Movement and activities Compensation Options and legal aid services Result oriented benefits Reduce vulnerability, death, and similar

grievances

Oikko (“unity”)Project Actions Strong and united civil society promotions Implementation of fundamental labor rights Strengthen the capacity of labor rights actors Increase the voice and influence of female garment

workers Develop leadership skills and networks to

collectively claim their rights Increase capacity to exerts leadership rile in

outreach and within the union Develop joined positions, lobbied to promote labor

rights and gender equality

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