Labor rights and protection in Bangladeshi law

Al Mustashim Nobi Niku: In a country like Bangladesh, workers are a major source of economic driving force. The economy of Bangladesh is dependent on the garment industry. This garment industry is provided by the working class. Apart from the garment industry, various factories and industries in Bangladesh depend on workers. The financial income of our country from the outside world is also dependent on labor supply ie labor market. So it is very important to ensure the legal security of the workers.

We are witnessing a sudden rise in tension in our labor market after the fall of the fascist government on August 5, 2024. The workers have started agitations demanding to secure their various rights, which has turned into violence in some places. As a result, mills, big companies like Garments are closed day after day. Which is having a huge impact on the normal economy of our country.

Ensuring the legal rights of our workers requires maximum implementation of existing laws and awareness of legal aspects. The various existing laws of the country provide an overall framework for ensuring the protection and empowerment of these labor rights. Protecting labor rights in Bangladesh is not only a legal obligation; This is a fundamental commitment inherent in the constitution.

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The Constitution of the People’s Republic of Bangladesh has clear provisions to abolish discrimination of workers, ensure basic needs, protect rights and uphold freedom of association. I will discuss the existing laws to protect the legal rights of workers in Bangladesh. Important Acts and Important Sections are discussed below:

The important legislation for protecting the legal rights of workers in Bangladesh is the Labor Act 2006. There are Labor Rules 2015 for effective implementation of this Act. Besides, the Sramik Kalyan Foundation Act 2006 and the Sramik Kalyan Foundation Rules 2010 have been approved for the welfare of workers. There are separate special courts for proper enforcement of the laws namely the Labor Court and Labor Appellate Court.

Currently, the debate has started over the working hours and wages of the workers. Sections 100 and 102 of the Labor Act clearly refer to working hours of workers. Section 100 states that a worker cannot be made to work more than 8 hours a day. Even by imposing condition of section 108 no more than 10 hours of work can be done by workers to payment of additional
remuneration.

And according to section 102, a maximum of 48 hours per week and applying the conditions of section 108 to pay additional remuneration are subject to a maximum of 60 hours per week, but it must not exceed 56 hours on an annual basis. A minimum wage for workers should be fixed. Wages shall not be less than the minimum wage and there shall be no discrimination between men and women in terms of wages.

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Leave is an important legal right of an employee. Section 118 of the Labor Act states that a worker shall be entitled to 1 day of full holiday in a week and at least 11 days of annual holiday with wages. If leave is due on retirement, retrenchment, discharge or termination from employment as per Section 11 of the Act, the worker shall be entitled to the leave wages.

Also the Labor Act has clear reference to retirement and gratuity and provident fund. According to Section 29 and 30 of the Labor Act, if a worker is a member of the Provident Fund, he will get the refund of that fund along with other dues within 30 days upon termination of employment.

As per Section 28 of the Act the normal retirement age of a worker shall be 60 years. Also a worker cannot be deprived of gratuity and provident fund even if the employment is terminated in any other way but he has to be given the benefits due under the Labor Act.

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The Labor Act 2006 has special provisions for women. As mentioned in section 46, if a woman worker is pregnant and works for 6 months before giving birth, she will be entitled to maternity benefits for 8 weeks before and after giving birth. According to section 109, no woman can be allowed to do any work between 10 pm and 6 am without permission.

An organization’s work environment affects worker health. Section 51 of the Labor Act mentions that the establishment must have cleanliness and adequate ventilation for a healthy working environment. Besides, there should be protection from dust and smoke, disposal of waste, avoidance of overcrowding, provision of drinking water, urinal and toilet facilities. Primary medical facilities According to section 89, factories must have medical facilities for workers.

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The Labor Act clearly mentions the prevention of accidents and compensation of workers. According to the Labor Act 2006, there should be safety measures in the use of machinery including the safety of factory buildings and machinery, taking precautions against fire, eye safety, hazardous washing. If a worker suffers any kind of accident while on duty, then according to section 150 and 151 of the law, the owner of the establishment has to pay compensation to that worker.

In the Constitution of our People’s Republic of Bangladesh, referring to the rights of workers, Article 14 states, ” It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms of exploitation.”

Our Constitution enshrines freedom of occupation and profession and prohibits forced labor as a fundamental right of every citizen. Article 34 of the Constitution states ‘ (1) All forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.’

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On the other hand, Article 40 states, ‘Subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.’

Our Constitution enshrines freedom of occupation and profession and prohibits forced labor as a fundamental right of every citizen.

In practical situations, although the law mentions the rights and protection of workers, workers are deprived of those rights. In many cases, workers are subjected to legal harassment to seek their rights. Our workers are the source of our economy. Therefore, workers’ rights must be ensured. Only if the rights of the workers are guaranteed, the wheels of our economy will run. So it is our legal and moral responsibility to ensure the right of workers.

Writer is an Advocate; Judge Court, Dhaka.