TABLE OF CONTANT

No. Title Page No.

1 Introduction 2

2 Legal Provisions as per the BLA 2006 3

3 Condition Of Employment and Service 4

4 Employment Of Adolescent Worker 22

5 Maternity Benefit 31

6 Safety 41

7 Observation 47

8 Recommendation and Conclusion 48

INTRODUCTION
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Labour is the source of all wealth, the political economists assert. And it really is the
source—next to nature, which supplies it with the material that it converts into
wealth. But, it is even infinitely more than this. It is the prime basic condition for all
human existence, and this to such an extent that, in a sense, we have to say that
labour created man himself (Frederic Engels , cited in Mishra, 2012:1).

Labor Law means those rules & customs of state by which the relation of employer Labor is
regulated in order to secure peace in the Industrial arena. The modern Labor law is compiled by
the state. In the eye of Labor law, the capital & the labor both are equally important. In modern
time, the basic purpose of labor law is to create exclusive relation between capital & labor. They
were many labor laws in previous but now it has only labor laws in Bangladesh. Which name is
Bangladesh labor Code, 2006. The Bangladesh labor code is one of the very recent laws with
major overhauling changes in the field of labor legislation. The law governing labor relations is
one of the centrally important branches of the law the legal basis on which the very large
majority of the people earn their living. The level of the wages-nominal or real which is the vital
issue can only be marginally influenced by legal rules and institutions. Marginal influence of the
law on the people’s welfare depends on the products of people’s labor which in turn in very large
extent the result of technical development. In the second place, it depends on the forces of the
labor market on which the law has only a marginal (tough not a negligible) influence and thirdly
on the degree of effective organization of the workers in trade union to which the law can again
make only a modest contribution.

Labor law concerns the inequality of bargaining power between employers and workers. Labor
law (or “labor”, or “employment” law) is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the relationship between trade unions,
employers and employees. In Canada, employment laws related to unionized workplaces are
differentiated from those relating to particular individuals. In most countries however, no such
distinction is made. However, there are two broad categories of labor law. First, collective labor
law relates to the tripartite relationship between employee, employer and union. Second,

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individual labor law concerns employees’ rights at work and through the contract for work. The
labor movement has been instrumental in the enacting of laws protecting labor rights in the 19th
and 20th centuries. Labor rights have been integral to the social and economic development since
the industrial revolution.

Legal Provisions as per the BLA 2006

The labour law of Bangladesh provided very specific guidelines and instructions to protect the
rights of the worker. All these laws and regulations were provided so that no employer can
abstain a worker from their legal right. This law also mentioned the punishment if anyone
violates them. Below we will discuss some legal provisions and regulations provided by the
government.

Bangladesh labor laws have been come into existence with a long path. The aim of the laws is to
ensure the rights of workers in Bangladesh undoubtedly and it can do so certainly, if it is
properly worked. Nonetheless, these laws could not realize the emerging condition such as
feminization of labour , In formalization of labour and migration. This laws could not trace
labour of informal sectors and flexi labours who have no particular office and owners e.g.,
freelancers. On the contrary, these laws have also lost its appropriateness because of the
weakness of implementations, albeit it depends on the other enforcement institutions. However,
it is the weakness of laws as they could have much emphasized on enforcements. The key
provisions of the Bangladesh labour laws (2006) are as follows:

CONDITIONS OF EMPLOYMENT AND SERVICE

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Conditions of service:

In every establishment employment of workers and other matters incidental thereto shall be
regulated in accordance with the provisions, provided that any establishment may have its own
service rules regulating employment of workers, but no such rules shall be less favorable to any
worker than the provisions. The service rules mentioned shall be submitted to the Chief Inspector
for approval by the employer of the establishment and the Chief Inspector shall, within 90 days
of the receipt thereof, make such order as he deems fit. No service rules shall be effective except
with the approval of the Chief Inspector.

Any person aggrieved by the order of the Chief Inspector may, within 30 (thirty) days of the
receipt of the order, prefer an appeal to the Government and 4[the Government shall dispose of
such appeal within 45 (forty five)] days of receipt thereof and] the order of the Government on
such appeal shall be final.

Registration of contracting agency:

No contracting agency, by whatever name called, which, on contract, supplies workers to

different organizations in differentposts shall do so, unless it is registered by the Government.All
contracting agencies now exist in the country shall be required to get registration from the
Government within 06 (six) months of making rules for this purpose under this Act.Workers
supplied by a contracting agency shall be treated as the workers of the contractor concerned and
shall remain within jurisdiction of the Labour Act.

Classification of workers and probation period:

Workers employed in any establishment may be classified in any of the following classes
according to the nature and condition of work, namely:

(a) Apprentice;
(b) Substitute;
(c) Casual;

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(d) Temporary;
(e) Probationer;
(f) Permanent;
(g) Seasonal worker.

(2) A worker may be called an apprentice if he is employed in an establishment as a trainee and

paid allowances during the period of his training.

(3) A worker may be called a substitute if he is employed in an establishment in the post of a

permanent worker or of a probationer for the period of his temporary absence.

(4) A worker may be called a casual worker if he is employed on ad-hoc basis in an

establishment for work of a casual nature.

(5) A worker may be called a temporary worker if he is employed in an establishment for a work
which is essentially of temporary nature and is likely to be finished within a limited period.

(6) A worker may be called a probationer if he is employed for the time beingin an establishment
in a permanent post and the period of his probation is not ended.

(7) A worker may be called a permanent worker if he is employed in an establishment on a

permanent basis or if he has completed the period of his probation satisfactorily in the
establishment.

(11) A worker may be called a seasonal worker if he is employed in an establishment for

seasonal works during any work season and remain in employment upto the end of that season.

Procedure for leave:

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A worker who desires to obtain leave of absenceshall apply to his employer in writing and shall
state therein his address during leave.The employer or an officer authorized by him shall issue an
order within 7 (seven) days of receipt of the application or 2 (two) days prior to the
commencement of leave applied for, whichever is earlier: Provided that if due to any urgent
reasons the leave applied for is to commence on the date of application or within 3 (three) days
thereof, such order shall be givenon the day of receipt of the application.If the leave asked for is
granted, a leave pass shall be issued to the worker.If the leave asked for is refused or suspended,
the fact of such refusal or postponement and the reasons thereof shall be communicated to the
worker before the date on which the leave would have expected to be commenced and it shall be
recorded in the register maintained for the purpose.If any worker, after he went on leave, desires
an extension thereof, he shall, if such leave is due to him, apply 1[in writing by registered post
before reasonable time] of the expiry of the leave to the employer who shall send a written reply
either of granting or of refusing the extension of leave to the worker to his leave-address.

Stoppage of work:

An employer may, at any time, if necessary in theevent of fire, sudden catastrophe, breakdown of
machinery, stoppage of power supply, epidemics, wide spread riots or any other cause beyond
his control, stop any section or sections of his establishment, wholly or partly, for such period as
the cause for such stoppage continues to exist.If such order of stoppage is given after the
working hours has ended, the employer shall notify the concerned workers relating thereto, by a
notice posted or hung the notice board in the section concerned or at a conspicuous place before
the next working hour begins.

In the event of such stoppage occurs during working hours, the employer shall, as soon as
practicable, notify the workers concerned relating thereto by a notice and such notice shall
contain direction as to when the work shall be resumed and whether such workers are to remain
at their place of work.

Closure of establishment:

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An employer may, in the event of anillegal strike in any section or department of any
establishment, close down either wholly or partly such section or establishment and in cases of
such closure the workers participated in the strike shall not be paid any wages.Where by reason
of closing down of any section or department of any establishment any other section or
department is so affected that it is not possible to keep that section or department open, that
section or department may also be closed down.

Calculation of “1 (one) year”, “6 (six) months” and “wages” in certain cases:

A worker who, during the preceding 12 (twelve) calendar months, has actually worked in an
establishment for not less than 240 (two hundred and forty) days or 120 (one hundred and
twenty) days, shall be deemed to have completed “1 (one) year” or “6 (six) months” respectively
of continuous service in that establishment.

Right of laid-off workers for compensation:

Whenever a worker, other than a substitute or casual worker, whose name is on the muster-rolls
of an establishment and who has completed at least 1 (one) year of service under the employer is
laid-off, he shall be paid compensation by the employer for all days during which he is so laid-
off, except for weekly holidays.

The amount of compensation shall be equal to half of the total of the basic wages and dearness
allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing
allowance that would have been payable to him if he had not been so laid-off.

Retrenchment:

Any worker may be retrenched from service of any establishment on the ground of redundancy.
If any worker has been in continuous service under an employer for not less than 1 (one) year,
the employer, in the case of retrenchment of such worker, shall Give him 1 (one) months notice
in writing mentioning the reasons for his retrenchment or, in lieu of such notice pay him wages

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for the period of notice; and send a copy of the notice to the Chief Inspector or any other officer
specified by him, and another copy to the collective bargaining agent of the establishment, if
any; andpay him as compensation 30 (thirty) days’ wages for his every year of service or
gratuity, if any, whichever is higher.

NEWS ON CONDITIONS OF EMPLOYMENT AND SERVICE

Indefinite Transport Strike: Businesses in for a blow

The Daily Star 12:00 AM, November 20, 2019

With a wildcat transport strike causing immense sufferings to people in at least 19 districts,
businesses now brace for a blow as truck owners and workers yesterday announced an indefinite
work stoppage from today, protesting the enforcement of the Road Transport Act 2018. 

In a late development, owners and workers of trucks and covered vans held an hour-long meeting
with Home Minister Asaduzzaman Khan last night, but it ended inconclusively.

“Three of us went to his [home minister] Monipuripara residence in the capital and told him that
it was not possible for us to give a decision on our programme. We will sit with him again
tomorrow evening,” said Mokbul Ahmed, joint convener of Bangladesh Truck, Covered-van
Goods Transport Owners-Workers Unity Council that called the work stoppage.

“Our programme will continue,” Mokbul, who led the three-member team, told The Daily Star.

Sharif Mahmud Apu, senior information officer at the home ministry, also confirmed that
another meeting with the transport leaders will be held this evening.

Yesterday, transport workers in nine more districts joined the work stoppage that began in 10
districts on Monday, defying Road Transport and Bridges Minister Obaidul Quader’s call for
them to refrain from such programmes over the new law that came into effect on Sunday.

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The workers held people hostage by keeping buses off the roads -- an old tactic they often use to
press home their demands -- cutting off road communications between Dhaka and at least 19
districts.

The central leaders of Bangladesh Road Transport Workers Federation, an umbrella organisation
of transport workers, said they have nothing to do with the strike.

However, sources in the transport sector told this newspaper that local leaders of the federation
are behind the strike.

The federation, led by Awami League Lawmaker Shajahan Khan, will clarify its stance over the
new law after holding meetings on November 21-22.

Dhaka city residents too suffered for a shortage of buses whose number was thin throughout the
day.

Meanwhile, Bangladesh Road Transport Authority Chairman Kamrul Ahsan yesterday held a
meeting with the transport leaders and sought their cooperation in implementing the new law and
inending the strike.

Transport leaders placed several demands that include using the BRTA mobile courts for
creating awareness for the time being instead of enforcing the law.

“We got a positive response from the transport leaders,” Kamrul told this newspaper after the
meeting at the BRTA head office in the capital’s Banani.

INDEFINITE STRIKE

The platform of owners and workers of trucks and covered vans enforces an indefinite strike
across the country from 6:00am today to press home their nine-point demand, mostly for changes
in some sections of the new act.

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Announcing a work stoppage at its Tejgaon office, the platform’s convener, Rustam Ali Khan,
demanded postponing the enforcement of the act until necessary amendments to it are made.

The same platform had enforced work stoppage, demanding amendments to the law in October
last year, about a month after parliament passed the act.

Its demands include making accident-related cases bailable, inclusion of representatives of

transport owners and workers in the investigations of accident-related cases and no arrest or
harassment of vehicle owners in such cases.

The platform also demanded that all modified vehicles engaged in export-related work be
allowed to operate and drivers with licences for light vehicles be allowed to operate heavy
vehicles.

It also said at least six months should be given to vehicle owners and drivers to update
documents, and no parking fine could be imposed until enough terminals are built on highways
and other places across the country for trucks and covered vans.

Rustam, also executive president of Bangladesh Road Transport Owners Association, said they
have been demanding changes in some sections of the law and the authorities gave them
assurance in this regard.

“Since the authorities didn’t keep their promises, we are going to enforce the work stoppage.

“Drivers of truck and covered vans in many areas have already gone on work stoppage … We
have very little to do about it,” Rustam said.

He said only 10 to 15 percent drivers of trucks and covered vans have licences to drive heavy
vehicles, and most of the vehicles were modified to carry apparel items.

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When this correspondent told him that it is illegal to modify vehicles and drive heavy vehicles
with licences for light vehicles, Rustam said they are making such demands “for the interest of
the country”.

“The BRTA has given those vehicles fitness clearance over the years. Imposing a hefty fine now
for modification is not acceptable,” he said.

The platform’s Member-secretary Tajul Islam, also vice president of Bangladesh Road Transport
Workers Federation, was present at the briefing. It was also attended by leaders of several unions
affiliated with the federation.

After the press conference, a group of transport workers brought out a procession from Tejgaon
Truck Terminal around 12:30pm and marched through the Shaheed Tajuddin Ahmed Avenue to
Mohakhali Bus Stand.

On the way back to the truck stand from Mohakhali, some of the transport workers showed
sandals to the members of a BRTA mobile court conducting drives on the opposite side of
Tejgaon Fire Station.

BGMEA WORRIED

Contacted, Rubana Huq, president of Bangladesh Garment Manufacturers and Exporters

Association, said, “We are extremely worried [about the strike]. This is very bad news.”

With the garment sector going through a difficult time, the strike will create serious problems for
exporters as foreign buyers are unwilling to wait for even a day, she told The Daily Star
yesterday.

“We don’t want any unrest, any disruption… We want seamless process [ for export].”

Both the government and the transport leaders should hold talks immediately to find a solution
so that the country does not face damages, she stressed.

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STRIKE IN 19 DISTS

Yesterday, transport workers went on work stoppage in Mymensingh, Barishal, Pabna,

Chapainawabganj, Pirojpur, Gazipur, Madaripur, Faridpur and Jhalakathi.

Earlier on Monday, the strike began in Khulna, Satkhira, Jhenidah, Narail, Kushtia, Chuadanga,
Meherpur, Jashore, Rajshahi, Naogaon and Bhuapur upazila of Tangail.

In Pabna, only a few buses left for the capital but no other inter-district buses operated yesterday,
causing sufferings to many.

Like every other day, Nurunnabi Khan went to the bus stand in the town to go to his workplace
in Santhia upazila but found that no bus was leaving the station.

“I had to take a small vehicle to go to my office. It cost me much more,” he said.

Road transport workers in Barishal stopped running buses from Nathullabad Bus Stand on 25
routes, including the Dhaka-Barishal route.

Operation of trucks also remained suspended, and transport workers allegedly barred battery-run
three-wheelers from running in and around the bus terminal.

Besides, transport workers in Chapainawabganj halted bus service to Naogaon and also on inter-
upazila routes. However, they ran buses on Chapainawabganj-Dhaka route. BRTC buses
operated as usual.

In Khulna, strike continued for the second consecutive day, and the workers declared that they
would carry on the work stoppage until amendments to the law are made.

However, after a meeting with the deputy commissioner of the district, Khulna Motor Workers’
Union President Nurul Islam said they would operate buses today.

Also in Kushtia, no buses left the stations due to the ongoing transport strike.

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Balaka Kundu, 54, wanted to catch a bus for Rajshahi to visit her ailing daughter but failed to get
any.

“I am now looking for a vehicle to go to Rajshahi. I don’t have enough money to rent a private
car,” she said.

Two Dhaka-bound buses of Deluxe Paribahan, crammed with passengers from Chuadanga, were
stopped by transport workers in Jhenidah. The protesters forced the vehicles to turn back.

Transport workers also blocked the Dhaka-Mymensingh road in Gazipur’s Sreepur area for two
hours, causing many students seeking admission to Jatiya Kabi Kazi Nazrul Islam University to
suffer in gridlock.

In Satkhira, bus services remained suspended amid the transport strike, which rolled into the
second day in the district.

Transport workers in Mymensingh started a strike yesterday.

Asked about the strike called by the local transport unions, Osman Ali, general secretary of
Bangladesh Road Transport Workers Federation, said, “We don’t have control everywhere. Even
regional leaders of the federation can’t calm agitating workers.”

SITUATION IN CAPITAL

Fewer buses plied the city streets as transport workers abstained from work following drives by
BRTA mobile courts.

Mahbubur Rahman, organising secretary of Dhaka Road Transport Owners Association, said it
happened because of a rumour that mobile courts were fining vehicles Tk 25,000 each for plying
city roads without valid documents.

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A large number of vehicles without fitness certificates and also drivers without licences did not
bring out their vehicles to avoid paying hefty fines, he told this newspaper.

But the situation started getting normal around noon, he claimed.

Meanwhile, seven BRTA mobile courts in the capital filed 79 cases against different vehicles
yesterday. The courts also fined violators of traffic rules a total of Tk 1.19 lakh and seized papers
of three vehicles.

The Layoffs
The Daily Star 2:00 AM, February 15, 2019

Labour leaders say 7000+ RMG workers lost jobs following wage protest

On January 12, Jubayer walked to his factory with his fellow workers to find his name and face
up on the walls of the factory. He has since been unable to enter the factory and terminated from
work.

The names and photographs of hundreds of workers who had been temporarily suspended, were
displayed prominently on the walls of the factory in Kathgora, Ashulia. Star Weekend spoke to
six of its workers, all machine operators, who say they boycotted their work peacefully but have
since been laid off.

AR Jeans Producer Ltd. filed cases against 312 of its workers for alleged looting (of laptops) and
vandalism and beating up of factory officials. The factory, only two years old, lists European
brands such as Pepe Jeans, Pull&Bear, and Bershka, on its website.

Workers have since fled their homes, having been harassed or in fear of harassment, by police.
“For one month, I haven't been able to live at home or nearby. I have been staying at friends'
homes or with relatives,” says Jubayer, gesturing to where we sit, in his uncle's house where he
has stayed among other places, in fear of being picked up.

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One of the 62 named in the case by AR Jeans Producers Ltd. is 25-year-old Rubel, who worked
as an operator. Including 200-250 more unnamed workers, they stand accused of beating up
factory staff and vandalising furniture, machinery, and stealing laptops—worth a total of six lakh
taka—on January 10. The case document also states that this also led to loss in production and
shipments amounting to six crore taka. One of those accused is a female worker, currently in jail.

Protests against wage structure disparities

To back up a little, in December last year, Jubayer, Rubel and his fellow workers waged peaceful
protest (as did other factories across Ashulia and Savar) by boycotting work sporadically
between December 9 and 20.

Following the minimum wage rise, declared in September and effective from December, entry-
level workers saw their monthly wage rise to Tk 8,000 from Tk 5,300. A new gazette was
published in late November, declaring the new wage structure across grades. Following this,
workers in higher pay grades took to the streets in December and January after seeing that their
pay rise was less compared to entry level workers, i.e. their subordinates. According to labour
leaders, a majority of garment workers, over 80 percent, are operators in these higher pay grades
(three, four and five).

Garment workers demonstrated between January 6 and 16 demanding higher pay raises in
Ashulia, Savar, Gazipur and in Dhaka city. One worker was killed and around 146 were injured
in clashes in Savar, Ashulia and Gazipur with police, where rubber bullets and tear gas were
fired. The demonstrations stopped once the government agreed to a revised pay structure. The
Savar-Ashulia belt, on the outskirts of Dhaka, saw the worst of the protests.

Entry level workers' wages increased by Tk 2,700 in one go. On the other hand, more
experienced workers such as Rubel, in pay grade three, received only a rise of a few hundred
taka. “If the salary of your junior, the person you taught work, increases more than yours, would
you accept it?” he asks rhetorically.

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In January, peaceful boycott of work at AR Jeans continued after workers again received their
wages and noticed that the  disparity in pay they had been protesting against, had not been
resolved by factory management. But, workers say they returned to their machines following
assurances from their management that their higher wage demands would be met. But fearing
attack from protesting workers on the streets who had taken issue with the fact that this factory
was still running, these workers left early on the day of January 10.

“What guarantee was there of our safety? Inside the factory we are fine but who was going to
provide security for us on the road home?” asks Jubayer. He and others workers emphasised that
CCTV footage should be checked to see if workers caused any damage to factory property.

The events which then unfolded according to the workers differ from what the factory claims in
the case against the workers. Rubel and Jubayer maintain that they simply left the factory that
day without attacking anyone or vandalising factory property.

Five other workers of the same factory Star Weekend interviewed, claimed they had protested
peacefully, boycotting work, in January when they wanted assurance of their pay rise.

Following this, the factory was closed indefinitely, the gate bearing a closure notice and the “No
work, no pay” for the workers, displayed prominently. The sign also cites article 13(1) of the
labour law, which states that an employer may close down the factory “in the event of an illegal
strike”.

Their factory remained closed indefinitely between January 12 (the 11th was a Friday) and
January 16. Rubel was warned on the morning the factory reopened, to stay away. Not only was
his name up on a large banner on the factory walls but he had also been one of those named in a
case against multiple workers by factory management.

Some workers say they have been targeted by the police. “Since December 18, I haven't been
able to sleep at home for a week,” says Rubel. Workers have been arrested from their houses and
their factories in Ashulia, according to fellow workers and local labour leaders. One night, he
says, around 50 of the workers slept in the open in the local bazaar with nowhere to go.

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“I have received threatening calls from the police, starting from the day after I saw my name up
on the factory wall sign. They keep asking me to go to the thana and threatened that even if I was
underground, they would find me,” says Jubayer. “The police went to my home, but I had
warned my family ahead of time to give them a false location. The police went there too.”

Incomplete or no severance

According to news reports, FNF Apparels, Al Gausia Garments, Knit Asia, Hollywood Garments
and FGS Denim, AR Jeans Producers, Knit Asia among other factories have laid off hundreds of
workers each. More than a thousand workers were fired from Abanti Colour Tex Ltd, in
Narayanganj, alone.

Star Weekend spoke to 10 workers in factories around Ashulia who had recently been laid off
following the early January protests in garments factories. The workers of AR Jeans received
varying payouts, depending on the length they had worked at the factory. But, they say, this
payment did not include the full benefits they know they're entitled to under the labour law. 

The case of AR Jeans Producer workers, among others, is being handled by the Garments
Workers Trade Union Centre (GWTUC). “Legally, if they completed six months at the factory,
the workers are entitled to full termination benefits,” says Joly Talukder, general secretary of
GWTUC.

Following pressure from the union, the factory agreed to pay the workers on January 22. But, in
keeping with what the workers stated, this did not comprise the full benefits they're entitled to.
As per the labour law, workers are supposed to get a compensation of four months' wages, one
month's salary for every year worked, and an encashment of their earned leaves in case of
termination. “A case would mean a matter of long time and costs for workers, so they reluctantly
agreed to take what the management offered at the time,” says Talukder. They were essentially
forced to settle.

An operator at Saybolt Textiles Ltd., who wishes to remain unidentified, says he was one of
hundreds laid off from their factory, also in Ashulia. The workers stopped work on January 12 in

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protest of the arrest of one of their fellow workers in late December and two others the day
before. In the same routine as AR Jeans Producer, the factory was closed for the next three days
and when workers returned, they found a list of suspended workers on the gate.

After contacting their management through their union leaders, this worker and others were
called for a negotiation with the Bangladesh Garment Manufacturers and Exporters Association
(BGMEA). “We were told that if proven innocent, we would get our jobs back and get
recompensed after two months. If not, we won't get anything except the salary of the 10 days of
January that we worked,” he says. Furthermore, suspended workers have not been able to enter
the factory “I'm just a worker–I don't understand the law. And sitting around waiting for two
months was impossible, as was being proved innocent. We have to pay rent.”

After the negotiations, the workers went to collect the money at BGMEA Bhaban in late January.
This worker we spoke to received a total of Tk 52, 732 (he had worked there for six years).
“There was no breakdown, nor was it explained to us as was agreed in the negotiations.”

Others have not even received any payout from their factory after being dismissed. Rupa, an
operator in the finishing section at a factory of Dekko Group says she received nothing other
than her wages for the month of January. A mother of two girls, she is currently unemployed.

Of the 10 workers we spoke to, only two workers had been able to find jobs after having been
laid off mid-January.

Ataur says he has been able to obtain work at a nearby factory starting in February. Work is not
difficult to find in these areas, where large microphones on a moving vehicle go around the area
proclaiming that certain workers are needed in a certain factory the next day. But these workers
fear giving their names when they go on interviews, in case they are identified as one of those
laid off following the protests.

“I used an old card from a factory I worked at long ago,” says Ataur. He says he had to resort to
false pretences because he desperately needed work. Both he and his wife (also an operator) were
laid off from their factories.

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Another worker, Rezaul, says he lucked out because he wasn't asked which factory he had been
at. He still lied and said he had worked at a different factory in Dhamrai. 25-year-old Liton, a
supervisor at Hollywood Garments in Ashulia, has opted to look for work in Tongi as he has
been unable to find work in Ashulia.

“I worked during the unrest as I was part of staff and not the workers boycotting. We didn't do
anything, we even worked when no one was working, doing finishing.” Along with hundreds of
workers at the factory, he and other staff were fired. Liton received three months' basic salary
plus wages for the 10 days he worked in January. 

At the height of the protests, at least 5,000 of GWTUC workers' themselves had been laid off
from around 25 factories. In total, says Talukder, the number is well above 7,000.

At least, 7,500 garment workers have been laid off according to Babul Akhter, head of the
Bangladesh Garment and Industrial Workers Federation (BGIWF). “5,845 workers have also
been sued in 29 cases, where 515 workers have been named – among them 97 women.”

“Our demands to the government and BGMEA are that workers innocent of vandalism and other
charges brought against them not be harassed or laid off,” says BGIWF's Akhter.

Siddiqur Rahman, president of BGMEA disputes this number saying the number of workers who
have been laid off is around 3,000. But he maintains, any innocent worker, without evidence of
wrongdoing, should not be harassed. “I have not received a single complaint so far where a
factory has not complied with labour law [in these layoffs].”

“If anyone has not received severance benefits, they can come to BGMEA where we have an
arbitration cell and these can be settled there.”

“Everyone has to follow the labour law, workers too. If they have demands, there are several
platforms to express it. They can take it up with the factory's owners, if there is a member of
BGMEA or BKMEA they can complain there, there is a labour inspector at DIFE [Department

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of Inspection for Factories and Establishments] where they can complain, and they can go to the
labour court and ministry,” says Rahman of BGMEA.

But as the workers have stated, they have been summarily dismissed without having the chance
to prove their innocence. “Investigations are not happening and workers have simply been
dismissed without their due wages. We have sent complaints to BGMEA and the labour ministry
for five such factories where the workers have been summarily dismissed.”

In order to lawfully dismiss a worker, he/she has to be given the chance to clear his name, and
both worker and owner representatives together have to investigate, say labour leaders.

On an industry blacklist?

But even those unnamed/unidentified in cases have reasons to fear. They suspect that because
their names and photographs were released publicly, they are on a blacklist by factories and the
BGMEA. Their job search since being unceremoniously dismissed from work has not been easy.

“Right now, we are unable to find work,” says Rubel, who says he was asked to leave at least
five factories on giving his name, as he is one of those named in the case by his employer. “I
won't be able to find work in group (big) factories anymore (because our names are known). I
have to look for work in small factories out of BGMEA's purview,” says Jubayer. They fear their
list has been posted online and this is making it difficult for them to find a job anywhere.

“There is no scope for us to blacklist workers,” says Rahman. “Workers should not be identified
publicly, I have issued a circular that the factories are not to have the names and photos of
workers printed and hung on the gates.”

All the workers we spoke to said they protested peacefully. “I think I was fired because I had a
history of reporting when I saw irregularities in the factory by staff,” says the worker from
Saybolt Textiles. Rubel at AR Jeans Producer says he and the other female worker were named
in the case by their employer, because they were members of the factory's worker participation
(PC) committee which takes up for workers.

Page | 20
“So far, have you seen workers' pay rise without us having to protest for it?” asks Rubel.

Pathao sacks 300 employees

Dhaka Tribune Published at 05:46 pm June 26th, 2019.

According to insiders, around 300 employees, including mid-level executives and some
departmental heads, were laid off without any notice

The management of ride-sharing company Pathao has downsizedthe company by laying off
nearly 300 employees, allegedly without any prior notice. 

The local start-up, in a statement issued on Wednesday, said “this new path” would strengthen its
core businesses “with an increased focus on efficiency.”

According to insiders, around 300 employees, including mid-level executives and some
departmental heads, were laid off without any notice on Tuesday.

Many of them were stationed in different departments of Pathao.

When approached for a comment, Pathao Head of Marketing Sayeda Nabila Mahabub was
reluctant to discuss this matter. 

Later in an email, she said: “We have introduced changes across all major business lines, leading
to significant organizational restructuring and cost optimizations.”

She further said Pathao was entering the next phase of evolution as the largest on-demand
platform in Bangladesh.

“Our new comprehensive strategy will strengthen the core businesses with an increased focus on
efficiency,” she said.

“Pathao is preparing for a future where our services are more accessible, customer-centric and
reliant on technology. We are hopeful that this new path will help us stay ahead of (the) changing
market conditions and ensure the company’s long-term success,” she added.

Page | 21
Pathao operates services in three main cities of the country – Dhaka, Chittagong and Sylhet.
Besides ride-sharing services, it has ventures in e-commerce, merchant, courier and food
delivery services.

One of the former employees observed that the company had gone to retrench its workforce
when it was spending extravagantly on marketing.

Observation
From the above discussion, we can see that the government implemented enough rules and
regulations in the conditions of employment and service of workers so that their rights were
protected. But, it’s very disappointing to say that most of the company doesn’t follow these rules
and regulations. And most surprising thing is that most of the companies doesn’t even know
about these regulations and even if they know about these regulations, they don’t even bother to
follow it. Also, the government isn’t enforcing these laws enough so that people will follow
them.

EMPLOYMENT OF ADOLESCENT WORKER

Restrictions on employment of children and adolescents

Any child will not employed or permitted to work in any occupation or establishment and no
adolescent shall employed or permitted to work in any occupation or establishment, unless
certificate of fitness in the form prescribed by rules, and granted to him by a registered medical
practitioner. Adolescents will carries, while at work, a token containing a reference to such
certificate. The Government may, if it thinks that an emergency exists and it is necessary in the
public interest, by notification in the official Gazette, suspend the application for such period as
may be specified therein.

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Restriction on certain agreements in respect of children

No parent or guardian of a child shall make an agreement with any one allowing the child to be
appointed for any work. Guardian shall include a legal custodian of a child or any person having
authority over a child.

Dispute as to the age

For the purpose of proof that the worker is child or an adolescent it shall be resolved on the basis
of.
 Birth registration certificate
 School certificate
 A certificate issued by a registered medical practitioner

Certificate of fitness

A registered medical practitioner will examining whether the adolescent is fit to work in any
occupation or establishment after receiving request from parents or adolescents, examine the
adolescent and give decision as to his fitness: Provided that when such application is made by
any adolescent or his parent or guardian, the application shall be accompanied by a letter signed
by the employer in whose establishment the adolescent is an applicant for employment stating
that such adolescent shall be employed if he is certified to be fit for work.

 Certificate of fitness granted under this section shall remain valid for a period of 12
months from the date on which it was issued.
 Any fee payable for such certificate shall be paid by the employer, and shall not be
recoverable from the concerned adolescent or his parents or guardian.

Declaration of list of hazardous work and restrictions on employment of adolescents in

certain work

Page | 23
The Government by notification in the official Gazette can declare, from time to time, a list of
hazardous work. Any adolescent will not employed in any work declared by the Government
as hazardous and adolescent shall not be allowed to clean, lubricate or adjust any machinery
of any establishment while it is in motion or to work between moving parts or between the fixed
and moving parts of such machinery.

Employment of adolescent in the work [or hazardous work] of dangerous machines

Adolescent shall not work at any machine, unless

 He has been fully instructed as to the dangers arising in connection with such machine
and the precautions to be observed in this respect.
 He has received sufficient training to work at the machine, or is under supervision of a
person who has thorough knowledge and experience of the machine.

Working hour for adolescent

 Adolescent shall not be allowed to work in any factory or mine for more than 5 hours in
any day and 30 hours in any week.
 Adolescent shall not be allowed to work in any other establishment for more than 7 hours
in any day and 42 hours in a week.
 Adolescent shall not be allowed to work in any establishment between 7.00 O’CLOCK in
the evening and 7.00 O’CLOCK in the morning.
If an adolescent works overtime, the total number of hours worked including overtime
shall not exceed
 In any factory or mine, 36 hours in a week & in any other establishment, 48
hours in a week.

 The period of work of an adolescent employed in an establishment shall be limited to 2

shifts, and the period of any shift shall not exceed more than seven and a half hours. An
adolescent may be employed in one relay only and this shall not, except with the previous

Page | 24
permission, in writing, of the Inspector, be changed more than once in a period of 30
days.
Adolescent shall not be allowed to work in more than one establishment in a day.

Prohibition of employment of adolescent in underground and under water

Adolescent shall not be employed in any work in the underground or underwater.

Exception in certain cases in the employment of child workers and handicapped workers.

 A child who has completed 12 years of age, may be employed in such a light work which
is not dangerous to his health and development or shall not interfere with his education
 If the child is a school going one, the working hour of him shall be so arranged that it
does not interfere with his attendance in the school.
 Any handicapped worker shall not be employed in the work of a dangerous
machine or hazardous work.

NEWS ON ADOLESCENT WORKER

Half of the children globally unaware about child rights.

Dhaka Tribune
Published at 10:58 pm November 20th, 2019

Thirty years into the convention, Educo says a lot still needs to be done in promoting the
child rights convention

Thirty years since the United Nations adopted the Convention on the Rights of the Child
(UNCRC), about 49.8% of children do not know about the all important convention,
according to a report by Educo and ChildFund Alliance.
The global report titled Small Voices, Big Dreams, includes a survey carried out among
5500 children between 10 and 12 years of age across 15 different countries and  provides

Page | 25
startling insights into children’s views of violence and their perceptions on the protection
children receive from adults and the people who govern them.

"Article 42 of the Convention demands that states actively promote children’s rights to  the
whole of society. However, half of the children do not know about this text or what it is
for. This figure shows that still a lot needs to be done in complying with the UNCRC even
after 30 years since it was ratified," said Johny Sarker, country director of Educo
Bangladesh.

The Bangladesh government has made attempts to raise social awareness about the
Convention of the Rights of the Child by disseminating it to a wide range of audiences
including the parliament, government agencies, educational institutions, NGOs and the
media. 

However, when it comes to awareness, many are still uninformed about the rights and
provisions within the convention.

"Even though Bangladesh was one of the first countries to ratify the UNCRC, there's still a
huge gap here in terms of awareness and compliance. Despite the Bangladesh
government’s initiatives and success, particularly in areas such as 97% enrolment in
primary education, a good number of children are still deprived of their basic rights,"
Sarker stressed.

A survey by Educo, global development and humanitarian action INGO, in Bangladesh

found thof the fact that child labour is prohibited by the law. 

About 34% child domestic workers and 48.3% child transport workers were found
completely unaware regarding the concept of hazardous child labour. The same study also
found that 58.73% child domestic workers and 82.65% child transport workers never
attended school. Such depressing reports only indicate the lack of compliance of UNCRC.
There is also a lack of concrete quantitative data regarding the percentage of people aware
about its provisions.

Page | 26
Although children do not know about the Convention, they are aware that they have rights,
as declared by 71% of the children interviewed. However, 4 out of 10 think that adults do
not know about or respect their rights. 

Yukiko Yamada, global advocacy director of Educo said: "Defending children’s rights
begins with listening to them. They have a lot to say, lots of ideas to contribute. Which is
why it is vital to promote their participation in the decisions that affect them, and create
appropriate spaces for that to happen in. And that participation begins by showing them
that they have the right to give their opinion and be listened to, as stated in the
Convention." 

The “Small Voices Big Dreams” study also shows that half (49.7%) of the children
interviewed also say that adults do not listen to their opinions regarding issues that are
important to them.

ILO: All quarters must work together to eradicate child labour

Dhaka Tribune
June 12th, 2019
Bangladesh's government has pledged to eradicate child labor by 2025

The International Labor Organization (ILO) has urged Bangladesh to ensure access to social
protection programs—and quality education—for decent work and the effective elimination of
child labour.ILO's Bangladesh Country Director Tuomo Poutiainen remarked this in a press
release issued on Wednesday marking World Day Against Child Labor 2019.“Bangladesh is
progressing well in its journey to become a middle-income country and major efforts have been
made to address child labor."We cannot achieve decent work for all without the elimination of
child labor. It is important for us to continue providing basic education, and skills training to the
youth. We also need to provide the youth with safer jobs,” he said."The ILO’s experience in
tackling child labor has shown us that a combination of legislative regulations, a progressive
labor market, youth employment policies, access to social protection programs, and quality
education; these all are required for the effective elimination of child labor," he added.

Page | 27
Meanwhile, Bangladesh's government pledged to eradicate child labor from the country by
2025.Prime Minister Sheikh Hasina issued a statement on Wednesday reiterating her
government's commitment to eradicate all forms of child labor by 2025. The premier said:
“Bangladesh formulated a National Child Labor Elimination Policy in 2010."It also developed a
national work plan and formed committees to monitor child labor at the national, divisional,
district, and sub-district levels.” According to the National Child Labor Survey 2013, there are
around 1.7 million child laborers in Bangladesh of whom around 1.28 million are trapped in
hazardous work. The ILO continues to advocate the Bangladeshi government to ratify the C 138
Minimum Age Convention which concerns the minimum age for admission to employment.
Meanwhile, ILO Director-General Guy Ryder urged the government, workers, and employers to
work together to end child labor.

In November 2016, then State Minister for Labor and Employment Mujibul Haque Chunnu
declared that the government would eliminate child labor from 38 sectors categorized as
hazardous by 2021, and from all sectors by 2025

Despite the government’s promise to eradicate hazardous child labor by 2021, the current
scenario suggests that the target is unlikely to be achieved, right activists and child right
protection experts said.

However, hazardous child labor may be stamped out by 2022, if the government takes immediate
action with careful planning, they added.

In November 2016, then State Minister for Labor and Employment Mujibul Haque Chunnu
declared that the government would eliminate child labor from 38 sectors categorized as
hazardous by 2021, and from all sectors by 2025.

Following the announcement, the Labor and Employment Ministry undertook Tk285 crore
project for the prevention and elimination of hazardous child labour in 2018. At the time, State
Minister Chunnu said the government has plans to train 250,000 child laborers as skilled workers
through technical and non-formal education.

Bangladesh is one of 22 countries who were the first signatories to the UN Child Rights
Convention (UNCRC). Furthermore, a memorandum of understanding (MoU) was signed

Page | 28
between the Ministry of Labor and Employment and the International Labor Organization (ILO),
to implement the International Program on Elimination of Child Labor (IPEC), in 1994.

Experts said there are a number of reasons why child labor is continuing in the country despite
the presence of several laws and policies to address the issue. Meanwhile, the UNCRC
Committee has expressed concern especially over children employed in welding, transportation,
automobile workshops, tobacco factories, and battery recharging shops.

A Bangladesh Bureau of Statistics (BBS) survey on child labor in 2015 said: “Bangladesh is yet
to implement national policies and reform institutional structures and mechanisms that could
promote, protect and uphold children’s rights.”

In addition to lax implementation of related laws and policies, child rights activists and experts
said a recent reshuffle of high officials of the Labor Ministry and inactivity of national child
welfare committees were also slowing don measures to address child labour.

After the Awami League government assumed office for the second consecutive term on
December 30 last year, a number of high officials of the Ministry of Labor and Employment
were either transferred or went into retirement. Even the inspector general of the Department of
Inspection of Factories and Establishments (DIFE) was transferred after the December 30
election.

The Labor Ministry is currently being run by acting secretary KM Ali Azam, who was Dhaka
divisional commissioner during the election.

“It is natural for an official to need some time to learn his new responsibilities if he is transferred
from a different ministry,” Terre des Hommes Netherlands (TDH Netherlands) Country Director
for Bangladesh Mahmudul Kabir said.

“The reshuffling of civil servants is very common, to ensure that they have experience dealing
with multiple sectors. The problem is that when an official connected to a particular program or
policy is transferred, that program inevitably slows down,” he added.

Bangladesh Shishu Odhikar Forum (BSAF) Director Abdus Sahid Mahmood said the country
currently has no National Plan of Action (NPA), as the previous one expired in 2016.

Page | 29
He also claimed the Child Labor Welfare Council, headed by former minister Chunnu, is not
conducting its work properly or holding regular meetings.

“Whatever the reason is, the Tk285 crore project has been lying inactive since the minister’s
departure. As the project is fully funded by the government, there should be no money crisis and
children in employed in hazardous work would get the maximum benefit if it is implemented,”
he added.

Regarding the lack of an NPA, TDH Netherlands Country Director for Bangladesh Mahmudul
Kabir said: “The NPA that was taken for 2011-2016 was a good one. The government could
extend it by making some amendments in short time.”

Sources said the ministerial committee, divisional and district committees, and some upazila
committees to address child labor have been formed and the members of the committees have
been trained, but their activities had subsequently relaxed.

Dhaka Tribune could not reach the labor minister, secretary and additional minister (child labour
wing) for comment, as they are in Geneva to attend 108th Session of the International Labour
Conference.

Save the Children Director (Child Rights Governance and Child Protection) Abdullah Al Mamun
said needs to begin initiatives to provide vocational training to child laborers, including
incentives for parents.

Kamal Hossain, project director of Odhikar Pathshala, said special allowances need to be given
to the families of child labourers so that the children can leave work and continue their studies.

National Human Rights Commission (NHRC) Chairman Kazi Reazul haque said monitoring
child labour is a complex issue, and suggested the government form a Child Directorate to
coordinate between government institutions and address child labor.

Opinion:

Child labor is not good and not any organization is actually following the labor law properly.
This is really bad for Adolescent Worker. So we think government should take some step so that
employer actually follows the law. Bangladesh is developing country; percentage of poor family

Page | 30
in our country is high. For this reason most of the adolescent are doing work. Focusing on
stopping child labor from the news it has been found, but this is not good from all perspectives.
Poor family need money for their living, in some family there can be no earning person, so an
adolescent can support his family. If child labor get stop then they will suffer and can involved in
crime. Government should start more focus on child labor so that the law is maintained by every
employer and adolescent gets benefited without hampering their education.

MATERNITY BENEFIT

The Bangladesh Labor Act has a detailed chapter explaining the laws of maternity benefit. The
specifications of these laws should make it easier for both the employers and employees to
understand their rights.

To get the maternity benefits under the BLA, 2006 a female employee has to fall under the
definition of worker which is defined under Chapter I, Section 2, as any person including an
apprentice employed in any establishment or industry, 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 employment are expressed or implied, but does not include a person
employed mainly in a managerial, administrative or supervisory capacity.

The chapter begins with its first section explaining the prohibition of engagement of women
worker in work in certain cases. This specifies how an employer should not engage women in his
establishment for the 8 weeks immediately preceding her day of her delivery or the 8 weeks
immediately following her day of delivery. Also, women should not be given any work of
strenuous nature such as standing for long hours or work that can affect her health adversely if
the employer believes or is informed that the woman is likely to deliver a baby in the next 10
weeks or already has delivered in the past 10 weeks. But in the case of tea plantation workers, a
woman can do work of light nature if a medical practitioner certifies that she is fit to do so.
These tea plantation workers should get their wages at the rate of that mentioned by the law and
should be in addition to the maternity benefit.

The next section talks about the right to maternity benefit and liability for its payment.
Everywoman worker is entitled to maternity benefits for 8 weeks immediately preceding the day

Page | 31
of delivery and 8 weeks after delivery making it a total of 16 weeks. She has to be working under
that employer for at least 6 weeks to be entitled for this benefit. And if she already has 2 or more
surviving children then she loses the entitlement to this benefit.

There is a procedure regarding the payment of maternity benefit. The pregnant worker should
give a notice orally or in writing that she will be confined within 8 weeks and also notify as to
who will get this benefit in case of her death. If she fails to give this notice she should let her
employer know within 7 days of giving birth. The employer should grant the permission for
leave from the following day after notice is given and in the case of notifying afterbirth, from the
day of delivery until 8 weeks after delivery. An employer is bound to make the payments
according to the woman’s will. The first method being 2 installments; one before delivery and
one after. The first installment can be paid when the woman brings a certificate from a registered
medical practitioner that claims that she is expected to deliver in 8 weeks and this installment
should be paid within 3days of showing the certificate. The 2nd installment should be paid within
3 days of showing proof that she has given birth. The second method is 2 installments but both
after birth. First installment is to be paid within 3 days of showing proof that she has given birth
and the remaining balance should be paid within 8 weeks of her delivering. The third method is
one installment where the full amount should be paid within 3days of showing proof that she has
given birth. No woman is entitled to these payments if she fails to produce a proof of birth within
3months of delivering the child. And these proofs should be an attested extract from a birth
register maintained under the Births and Deaths Registration Act 2004 or a certificate given by a
registered medical practitioner.

The amount of maternity benefit that a woman is liable for is calculated by dividing the total
wages earned by the woman during 3 months preceding the date on which she gave the notice by
the number of actual working days during that period. This payment should be made wholly in
cash.

If a woman dies during her delivery or during the 8 weeks following the delivery then the
maternity benefit should be given to the person who takes care of the child if the child survives.
And if the child dies too the benefit should be paid to the nominee and if there is no one as such
nominated then to her legal representative. If a woman dies before giving birth, the employer is
liable to pay benefits for the period preceding and including the day of her death. If any previous

Page | 32
such payments are made then they are non recoverable. And any payments due shall be paid to
her nominee and if none then to her legal representative.

There are some restrictions on termination of employment of women in certain cases. If any
notice of discharge, dismissal, removal or termination is given to a woman without sufficient
cause within a period of 6 months before her delivery and 8 weeks after then she shall not be
deprived of any maternity benefit.

NEWS RELATED MATERNITY BENEFIT

Implementing labour laws to ensure maternity benefits

The Daily Observer
Published : Saturday, 19 October, 2019 at 12:00 AM 

Bangladeshi women have come a long way in terms of active participation in the employment
industry. However, it is a matter of great regret that still a hefty portion of employers of the
country are reluctant to provide maternity benefits to their female workers, which they are
legally obliged to give.
It is a sensitive issue that needs more attention from the government, stakeholders and
employers.
Maternity leave is construed as paid absence from work for giving birth and taking care of a
newborn baby. Chapter IV of the Bangladesh Labour Act, 2006 deals with the maternity leaves
and benefits of the female workers in Bangladesh. The law provides that a working mother who
is about to give birth to a child will get 8 (eight) weeks paid leave before and after the delivery of
her baby which will be a total of 16 (sixteen) weeks paid leave from her employer in total,
provided that she has worked for more than 06 (six) months for that organization.
To get the maternity benefits under the BLA, 2006 a female employee has to fall under the
definition of worker which is defined under Chapter I, Section 2, as any person including an
apprentice employed in any establishment or industry, 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 employment are expressed or implied, but does not include a person
employed mainly in a managerial, administrative or supervisory capacity.

Page | 33
Employees (female) who are working in managerial level are not included in the worker category
to get maternity benefits under the BLA, 2006. Female workers in management-level have no
particular guideline as such for their maternity period and they are wholly dependent at the
discretion of their employer for getting leaves and other benefits during their maternity period.
The Labour Act, 2006 is silent in this matter which should have been addressed long before.
Other than paid maternity leaves, female workers are entitled to get maternity benefit which will
be calculated by the total wages earned by the concerned woman during 03 (three) months
immediately preceding the date on which she gives notice of her pregnancy, by the number of
days she actually worked during that period. This particular section is one of the main drawbacks
of the BLA 2006. If we consider closely then we shall perceive that under this section, a worker
who has worked fewer days during these 03 (three) months' phase will get more amount as a
benefit than those who have worked for more days during that period. This section is a major
flaw of the BLA 2006 and also unfair as the female workers who are being present at their
workplace more days in the crucial period.
This particular topic has been an issue for so many seminars and there has been a lot of
discussions on this but still, no fruitful steps have been taken place by the concerned authorities.
Another aspect of the BLA 2006 which needs to be addressed has been the ways by which
employers will provide maternity benefits to their eligible female workers. Section 47 of the
BLA 2006 has broadly discussed it. There are 3 (three) ways that have been discussed in this
section and all of them has expressly emphasized on paying maternity benefits either before the
delivery of a newborn baby or right after the delivery provided that certain criteria prescribed in
the said section have been full filled. But in reality, many organizations do not pay maternity
benefits during these periods.
Maternity benefits are meant to help a female worker and their family to provide comfort and
solvency during their maternity period. If they cannot get it during that crucial time then the sole
purpose of introducing maternity benefits under the BLA 2006 will fail. Employers and
concerned government authorities need to regulate this particular aspect with much more
rigidness and conviction.

Page | 34
No maternity leave for workers, though mentioned in law
Dhaka Tribune
Published On : May3rd, 2019
Created situations make pregnant workers leave their jobs

Only two months after giving birth to her first child, 20-year-old Roksana is already planning to
return to her old job in a garments factory.

She started work there at the age of 16 but left while three months pregnant last September,
without claiming her legal entitlement to four months of paid maternity leave.

“Pregnant workers are forced to leave work,” said Roksana, who has been married for two years.

“I have to climb stairs (and) stand in line for long hours. Such situations are created so workers
leave their jobs during this period; no one will spare me in these places.”

Under section 45 of Bangladesh Labour Act 2006, pregnant women are entitled to 16 weeks of
leave with full wages, to be taken either side of the due date.

Employers are legally bound to grant this period of leave, which can be taken twice while a
worker remains in the job provided they have worked for their employer for at least six months.

In the garment industry – the biggest employer of women in the country – factory owners say
they want to give maternity leave to workers, but claim the expectant mothers leave the job
without making the request.

“We want to give them leave; so far no one has come to take it,” the managing director of Dewan
Apparels, Mozammel Haque, said.

“As per the labour law, we give four months of leave with benefits, but workers willingly leave
the job within two to three months of pregnancy. Those who work in the operating department
do it more often because the market has greater need for them.”

The women say they are afraid to ask for their leave entitlements as the owners do not allow
them to, even though it is mentioned in the labour law.

Page | 35
The result of the impasse is that the worker has to leave their job a few months into their
pregnancy, and must rejoin the production line shortly after giving birth.

‘Unbearable’ work pressure

This correspondent visited garment factories in the capital and observed firsthand the inhuman
behaviour and flagrant disregard of labour laws by owners.

One garment worker and resident of Mirpur, Aklima, said she has been staying at home after
leaving her job seven months into her pregnancy.

“At one point of a pregnancy, the pressure of factory work becomes unbearable, and those who
make us work behave very badly, too,” she said. “There is no alternative but to leave the job so
the child is not harmed, but we do not leave our job voluntarily.”

The general secretary of the Bangladesh Garments Workers Trade Union Centre, Jolly Talukder,
said that in most cases, the factory owners do not want to give four months of paid benefits.

“The owners, who claim to give holidays, do not usually give workers the four months leave,
which is two months before childbirth and two months after,” she said.

“Some of them give a few days off and some do not want to pay money. That no one has ever
come asking for maternity leave proves what the actual scenario is.”

Jolly said the factory owners harass their pregnant workers in many ways.

“Sometimes workers are forced to quit their jobs to avoid harassment,” she said. “Can it be said
they give up their jobs willingly? There are also examples of women who have sued for their
benefits and won; even those who have not been involved with any labour organization.”

Dewan Apparels boss Mozammel Haque claimed expectant mothers were themselves taking
advantage of the system.

“When they join a new workplace after eight months of leave, they get paid seven hundred taka
more than their current wages. To avail this extra money, they leave the job without mentioning
their pregnancy,” Mozammel said.

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Bangladesh: Study shows female garment workers are being deprived of
maternity leave and childcare rights
New Age Bangladesh, Published on: 21 October 2019
"Female RMG workers in Bangladesh deprived of maternity benefits: study" 20 October 2019

Female workers in the readymade garment factories in Bangladesh have been deprived of the
benefits they are entitled to as per law concerning maternity leave and childcare rights, according
to a study.

The study titled ‘Maternity Rights and Childcare in Bangladesh: A Study of Workers in the
Readymade Garment Sector’ found that most of the female workers surveyed did not know about
their legal rights regarding paid maternity leave and that many factories did not adhere to the
national legal requirements for paid maternity leave or onsite childcare facilities.

The study observed that a significant number of day care centres located in factories were used
only during buyer visits to give the illusion that the factories complied with the legal
obligations. 

Among the workers surveyed, 66 per cent said that the factories gave maternity benefits while 33
per cent said that the benefits were not provided.

The study also found that many factories had set the eligibility limit for availing maternity leave
and benefits much higher than the legal limit and therefore deprived many female workers of
these benefits.

Respondents reported that the workload and pressure to meet targets were the same for pregnant
workers as others.

The report showed that 25 per cent of the respondents were given some form of accommodation
during pregnancy according to their needs and 16 per cent had to sit on a stool.

Twenty-one per cent said that pregnant workers had to remain standing at work for long hours
and did not receive any accommodation.

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Between motherhood and employment
Dhaka Tribune
Published at 05:56 pm April 11th, 2019
Ensuring maternity leave is a step towards gender equality

Exactly a month from now, the world will celebrate Mother’s Day. In lieu of the greeting card
tags, flower bouquets, and arguments about monetizing sentiments, let’s shift the conversation
towards motherhood itself. 

According to ILO, women’s global labour force participation rate was 48.5% last year, which
makes for a good place to start: Is the female workforce getting the benefits they need, should
they decide to become mothers?

Maternal leave is an employee benefit which allows expecting mothers to take time off from
their work to care for their child. For healthy brain development and overall well-being, a child
needs the care of their mothers. 

The arguments for maternal leave are many, but a strong factor, especially when juxtaposed with
motherhood, is that studies have linked paid maternity leave to lower infant mortality rates.
Aside from giving the time needed for mothers to recover from childbirth, maternal leave can
also aid in reducing the risk of post-partum depression.

There are persistent arguments against it, and with the US still without mandated leave for
mothers, they are also worth looking at. Cost is one of them -- funding leave for employees is not
cheap, regardless of them being paid or unpaid. 

According to neo-classical economists, the demand for women employees will fall should there
be an expectation of rising costs of hiring women. Segueing this to the term “motherhood
penalty” will remind us of the systematic disadvantages that women often face in the workplace
compared to their male counterparts, with motherhood being one of the key factors put forward.

However, maternal leave does not just benefit employees. More and more organizations are
realizing how much of a competitive advantage it is to offer time off to new parents.
Organizations can benefit from increased productivity from returning workers. 

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Google extended its maternity leave program, and the result was happier and more productive
employees. The company stated that the cost was “more than offset by the value of retaining
expertise and avoiding the cost of a new hire.” 

It also does wonders on employee loyalty -- a supportive workplace environment in the crucial
time of pregnancy and child-rearing is likelier to have their employees want to keep working
there.

If our understanding of parental leave is centred on the needs of newborns, then where does
paternity leave step in? The presence of fathers or secondary parents are not only needed for the
child, but also assists the mothers in alleviating some of the burden of caring for a new baby. 

Do we have the scope to debate over paternity leave, when mothers -- the traditional caregivers
deemed by society -- are having a hard time securing time off?

Canada has rolled out a new parental leave policy just last month for the secondary parent to be
able to take five to eight weeks off to care for their child. The policy aims to promote greater
gender equality by integrating men into mainstream ideas of nurturing and care-giving.

While Section 45 of the Bangladesh Labour Act 2006 mandates mothers to be able to take 16
weeks off from work, this is hardly practiced throughout the spectrum of employment in the
country and paternity leave far from being brought into the dialogue. 

The good news is that organizations have become increasingly aware of the importance and need
for implementing such policies. BRAC has recently extended its existing paternity leave policy
for its employees. 

Expectant fathers can now take four weeks off from work with pay. For mothers, a six months’
leave with pay is granted; in case of adopting mothers, a three months’ leave can be availed.

Family bonding and healthier children are telltale proponents for parental leave. But it is about
time that all employers understand that allowing new parents time off also means greater
financial stability for their employees, greater employee loyalty, stronger attachment to the
workplace, and, if we play our cards right, a step towards gender equality. 

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Opinion :

The biggest observation after studying the practices of maternity benefits law in Bangladesh is
non-compliance. Many owners and employers fail to comply with the labor law when it comes to
granting maternity benefits. They create situations where it becomes impossible for pregnant
woman to work and they are forced to leave instead, without any benefits. Also, even if women
ask for maternity benefits they are granted just a few days rather than the 8 weeks leave before
and 8 weeks after that they are legally obliged to get. In addition, employees who are working in
managerial level are not included in the worker category to get maternity benefits under the
BLA, 2006. Female workers in management level have no particular guideline as such for their
maternity period and they are wholly dependent at the discretion of their employer for getting
leaves and other benefits during their maternity period. The Labour Act 2006 is silent in this
matter which should have been addressed long before. 
Section 48 says that a woman’s maternity benefit amount is her 3 months total wage divided
by the number of her actual working days. This particular section is one of the main drawbacks
of the BLA 2006. If considered closely, one can perceive that under this section, a worker who
has worked fewer days during these 03 months' phase will get more amount as a benefit than
those who have worked for more days during that period. This section is a major flaw of the
BLA 2006 and also unfair as the female workers who are being present at their workplace more
days in the crucial period.
Many organizations do not pay maternity benefits during the aforementioned period. If
workers cannot get it during that crucial time then the sole purpose of introducing maternity
benefits under the BLA 2006 will fail. Employers and concerned government authorities need to
regulate this particular aspect with much more rigidness and conviction. Also, a woman will be
entitled to only two pregnancy leave along with full pay and thus if she already has two or more
children alive at the time of delivery she will not be allowed maternity benefit for the third child.
Working women of our country are not properly getting the benefits of the Labour Act,
because of the lack of intention to enforce the existing laws and regulation. The government
should take proper steps to ensure the effective implementation of the existing laws and also to
work on mitigating the flaws relating to maternity benefits of the Bangladesh Labour Act, 2006
to make it more favourable and fruitful for working women.

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Also, the workers say that the benefits are provided arbitrarily and might depend on the
goodwill of the welfare officers, managers, and factory owners which is not right. It should
comply with the law rather than depending on goodwill of owners. In a study, twenty-one per
cent said that pregnant workers had to remain standing at work for long hours and did not receive
any accommodation whereas the law states specifically that pregnant women should not be given
work that involves long hours of standing. There is hardly any scope for them to sit or rest, let
alone have the necessary medical check-ups done in the healthcare facilities inside the factories.
Besides, the horrible working conditions and a lack of hygiene in the factories are affecting
women workers' health in general.

Safety

Safety of building and machinery:

(1) When it appears to an Inspector that any building, or any part thereof, or any road, machinery
or plant 1[or internal electrical system of a building] an establishment is in a condition which is
dangerous to human life or safety, he may, by an order in writing, direct the employer to take
such measures as, in his opinion, are required to be taken, within such time as may be specified
in the said order.

(2) When it appears to an Inspector that the use of any building, or any part thereof or any road,
machinery or plant 2[or internal electrical system of a building] an establishment is in imminent
danger to human life or safety, he may, by an order in writing, address to the employer, prohibit
its use until it is properly repaired or altered.

Precaution as to fire:

(1) Every establishment shall be provided with such means of exit including at least one
alternative staircase connecting with every floor at the time of fire and 3[requisite number of]
firefighting equipment [in every floor] as may be prescribed by rules.

(2) If it appears to an Inspector that no means of exit has been provided according to the rules
mentioned in sub-section (1) 4[or no requisite number of firefighting equipment have been
placed according to the license given by the Fire Service Department], he may, by serving an
order in writing upon the employer, inform him of the measures which in his opinion are
required to be taken within the time specified in that order.

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(3) In every establishment the door affording exit from any room shall not be locked or fastened
so that the person working in the room may easily and immediately open it from inside and all
such doors, unless they are of the sliding type, shall be constructed to open outwards, or where
the door is between two rooms, in the direction of the nearest exit from the building and no such
door shall be locked or obstructed while work is being carried on in the room.

(4) In every establishment, except the exit for ordinary use, every window, door or other exit
affording means of escape in case of fire shall be distinctively marked in Bangla letters by red
colour or marked by other clearly understood sign.

(5) In every establishment, the clearly audible whistle shall be provided to alarm every worker
employed therein in case of fire or danger.

(6) A free passage-way giving access to each way of exit in case of fire shall be provided for the
use of the workers in every room of the establishment.

(7) In every establishment where 10 (ten) or more workers are ordinarily employed in any place
above the ground floor, or explosive or highly inflammable materials are used, or stored,
effective measures shall be taken to ensure that all workers may be familiar with the means of
escape in case of fire and are adequately trained in the routine work to be followed in such cases.

(8) In factories and establishments wherein 50 (fifty) or more workers/ employees are employed,
at least once in every 2[6 (six) months] a mock firefighting shall be arranged and a book of
records in this regards shall be maintained in the prescribed manner by the employer.
1

NEWS ON HEALTH & SAFETY

Clean air as a human right

The Daily Star ,
12:00 AM, December 17, 2019

If you are reading this from a city in a high-income country, you have about a one in two chance
of breathing in air that exceeds World Health Organisation guidelines for air pollution. That is
worrying enough, but if you live in a city in a low or middle-income country, the chances of
breathing in clean air are much slimmer still - 97 per cent of cities in these countries do not meet
air quality guidelines.

Most of the global population is exposed without their consent to hazardous substances and
wastes that increase their likelihood of developing diseases and disabilities throughout their
lives. In some cases, it has the potential to be a human rights violation.

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The World Health Organisation estimates that 23 per cent of all deaths worldwide - a total to
12.6 million people in 2012 - are exposed to environmental risks. Low and middle-income
countries bear the brunt of pollution-related illnesses, with a disproportionate impact on children,
women and the most vulnerable. Air pollution alone kills an estimated seven million people
worldwide every year.

In response to this, the United Nations Human Rights Council established a mandate on human
rights and the environment in March 2012, to study the human rights obligations relating to the
enjoyment of a safe, healthy and sustainable environment. The UN Environment Programme
(UNEP) works closely with the Special Rapporteur on human rights and the environment, David
R. Boyd.

What would the world look like if the enjoyment of a healthy environment was indeed
universally recognised as a fundamental human right?

First and foremost, the sound management of chemicals and waste would have to be prioritised,
according to the UNEP. Without the sound management of chemicals and waste across the
world, it would be impossible to achieve equality, justice and human dignity for all. 

Second, knowledge and information sharing on these topics would have to improve, as well as
the engagement of vulnerable people. Environmental issues are best handled with the
participation of all concerned citizens. 

Third, the right to an effective remedy would have to be emphasised, in the case that the damage
has already been done. The right to an effective remedy is well established under international
human rights law. For example, the International Covenant on Civil and Political Rights
guarantees victims of human rights violations an effective remedy. This has been interpreted to
include environmental wrongs that adversely affect human rights. Most national constitutions
and domestic legal frameworks also provide for these rights.

Fourth, systems would have to be put in place that support these efforts in all parts of the world
and all sectors of the global economy. The UNEP calls for a more comprehensive global
framework that protects people from a toxic environment and addresses injustices worldwide
resulting in risks to human health. Solutions exist to eliminate and reduce exposure to toxic

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pollution, but strong international cooperation is required to ensure that these solutions lead to
sustainable development and the protection of human rights

Ensure safety at workplace

The Daily Star 12:00 AM, March 30, 2019

The European Union wants Bangladesh to replicate the safety standards in garment factories at
all buildings to ensure workplace safety.

The EU made the call a day after a devastating fire at a building in the capital's Banani killed at
least 25 people and injured over 70 others.

“The European Union attaches high importance to safety at the workplace and has been working
since 2013 with the authorities of Bangladesh to improve the workplace safety in the Readymade
Garment sector,” said Konstantinos Vardakis, chargé d'affaires of EU delegation to Bangladesh.

In a statement yesterday, he said the EU also encourages the Bangladesh government to take
similar policy measures at the workplace in other economic sectors in Bangladesh, including in
the building sector.

"The delegation of the European Union to Bangladesh expresses its deep condolences for the
loss of lives from the fire at FR Tower on Kamal Ataturk Avenue at Banani, Dhaka. Our
thoughts and prayers are with the families which lost their dear ones.”

The delegation also wishes early recovery for those who have sustained injuries from the fire, the
statement said.

After the Rana Plaza collapsed in 2013, the European Parliament adopted a resolution and an
accord on fire and building safety in Bangladesh to ensure all safety measures for preventing the
recurrence of such tragedy in the apparel sector.

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Meanwhile, different diplomatic missions stationed in Dhaka and their heads expressed
sympathy to the families of the Banani fire victims.

US Ambassador to Bangladesh Earl R Miller tweeted, “Our prayers are with the families and
loved ones of those injured and lost, and to all who mourn in Dhaka and across Bangladesh.”

In a Facebook post, the Swedish Embassy in Dhaka expressed profound shock at the casualties in
Banani fire incident and expressed sympathy to the family members of those killed, injured and
affected.

In a statement, Canadian High Commission in Dhaka, said, “We offer our deepest condolences
to the families and friends of those who died in the horrible fire in Banani. We wish a speedy
recovery to those injured, and offer thanks to the local authorities who responded to this
tragedy.”

61pc workers suffer health issues:

The Daily Star 12:00 AM, January 27, 2019

Unsafe work environment at Savar leather processing units

Due to unsafe work environment at most of the leather processing units across Savar, workers
are facing various occupational health and safety crisis, according to a study.

The study, based on interviews of 105 workers with more than eight years of work experience,
revealed that around 93 percent of them did not receive any training.

Bangladesh Occupational Safety, Health and Environment Foundation (OSHE) conducted the
“Baseline Study on Occupational Health and Safety in Leather Supply Chain of Bangladesh”
from October 11 to November 20 last year.

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Sarmin Sultana, lead researcher of OSHE study team, also a faculty member of Bangladesh
University of Health Sciences, unveiled the study at a roundtable in Dhaka's Cirdap auditorium
yesterday.

The respondents work in tannery, leather goods and footwear industries -- 42 percent, 29 percent
and 29 percent respectively.

Of the respondents (from 18 to 67 years of age), 79 percent studied up to primary level and their
monthly family income is around Tk 10,756 on average.

According to the study, 61 percent of the workers suffer from health related problems or
accidents, while there is no formal or informal response mechanism in this regard.

Some of the health hazards include burn injuries, breathing problem, ulcer, body ache, blurred
vision and red eyes.

The perceived factors related to the health problems include chemicals used in manufacturing
process (19 percent), chemical gases (22.1 percent), inadequate lighting (32.7 percent), dust
(15.4 percent), noise (17.3 percent), polluted environment (21 percent), and lack of safety
measures (1.9 percent).

Speaking as chief guest, Amar Chan Bonik, additional inspector general of the department of
inspection for the factories and establishment, said, “We are working to finalise an action plan. It
will be completed by March.”

“We have fixed a target of inspecting 7,000 factories, keeping the labour safety issue at the
centre.”

Speaking as special guest, Sanjiv Pandita, regional representative of Solidar Suisse, a platform
working to ensure safe environment for workers, urged both the public and private sectors to
work together to address the issues.

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Prof Syed Shamsuddin of Institute of Leather Engineering and Technology at Dhaka University,
Abul Kalam Azad, president of Tannery Workers' Union, and Ziaul Karim, manager
(compliance) at Apex Footwear Ltd, participated in the discussion as panelists.

Sukkur Mahmud, chairperson of National Coordination Committee for Workers' Educatio; Kazi
Sayfuddin Ahmed, adviser to Bangladesh Employers' Federation, and representatives from the
government and NGOs spoke at the event.

Observation

Safety is a huge concern for any industry. This is specially more concern for the garments
factory. Bangladesh is the victim of some of the biggest accidents in the RMG industry. But the
safety issues were never taken very seriously. After the rana plaza tragedy the Accord Alliance
group took a very strict approach towards the improvement of the safety of the garments factory.
After that the safety issues of this sector improved hugely. But still many garments sector needs
huse improvement regarding this issues.

Recommendation and conclusion

Bangladesh is one of the fastest growing economy in the world. Behind this growing economy is
the labour and hard work of workers from different sectors of the country. They are contributing
in every sector of our economy. But as we can see in reality is that they are severely neglected
from their employer in most of the time. If the labour force becomes neglected every day from
day in and day out, then the economy of our country will suffer ultimately. Most of the strike and
violence occurred in the industries happens mostly due to the violation of these laws. Though
most of the workers and the employers are not aware of these laws. But the government needs to
be strict so that employers becomes bound to obey the law. Though all the aspects of the laws
can’t be implemented at the same time, but at least we have to try to implement and enforce most
of it.

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