Introduction:

Labor law is the study of tripartite industrial relationships between worker, employer and trade union. In Bangladesh, the BLA (‘Bangladesh Labour Act’) 2006 lays down the rules regarding labor. It was designed to protect the rights and welfare of workers. The Department of Labor Inspection (DIFE) is responsible for enforcing labor laws in Bangladesh, which is a part of the Ministry of Labor and Employment. Through inspection, investigation, public hearings and awareness campaigns, DIFE tends to enforce labor laws in Bangladesh. The main functions of DIFE are to enforce the ‘Bangladesh Labour Act 2006’, covering the fundamental ILO conventions. The fundamental conventions include ‘Minimum Age Convention 1973’, ‘Maternity Protection Convention 2000’, ‘Forced Labor Convention 1930’, ‘Worst Forms of Child Labor Convention 1999’.

Though BLA is a strong piece of legislation that covers the majority of international standards, Bangladeshi workers continue to face dire conditions without its effective enforcement, Another question knocks on the door: is it sufficient in relation to International Labor standards?

Challenges in enforcement and limitations of BLA in connection with ILO standard

Weak Inspection Mechanism and Lack of Training: The government shall, by notification in the official gazette, appoint an Inspector General and other inspectors as necessary (Section 318, BLA 2006). The Act does not specify an exact number of labor Inspectors, as a result, there are only a few labor inspectors employed within a huge number of factories for the whole of Bangladesh. The DIFE has an approved manpower of 1156, with 993 currently employed. The ILO does not specify any minimum number of inspectors, C081-Labour Inspection Convention,1947 in its Article 10 provides that, ‘the number of labor shall be sufficient to secure the effective discharge of the duties of the inspectorate and shall be determined by the nature and number of workplace, number, and classes of workers employed, complexity of legal provisions etc’. Thus, being a strong enactment, BLA lacks an enforcement mechanism as the labor inspectors are not adequately trained. Various amendments of the labor laws require sufficient training according to the changing situations in order to adapt to new challenges. In reality, scarcity of financial resources, insufficient enrollment of labor inspectors and an ever-changing labor market create difficulty in providing proper training. Thus, it is essential for the DIFE to provide skilled training to the labor inspectors.

Workers Negligent of Their Rights: As 18.7% of the state’s population is below the national poverty line, they are ready to work in whatever condition. Here, awareness in terms of workplace rights seems extravagant to them. They are not informed of the rights and remedies available to them. Section 3 of BLA 2006 provides that the rules regarding employment shall be favorable to workers. Section 34(1) provides that no child shall be required or allowed to work in any profession or establishment. Section 46 of the Act requires maternity benefits for the period of 8 weeks preceding the tentative date of her delivery and 8 weeks immediately following the day of her delivery. Section 100 provides for a maximum of 8 hours of daily working hours. But the workers, not being aware of their rights, are often forced to work for more hours without extra allowance. Workers’ right to minimum wage and remuneration is established by the case, Bijoy Cotton Mills v. State of Ajmer, AIR 1955 SC 33, 35. It was observed that minimum wages can be termed as living wages, which ensure not only bare physical subsistence but also the maintenance of health and decency. The workers are also negligent of the rights ILO provides for them.C182(worst forms of child labor), C138 (minimum age convention) sets the minimum age for employment at 15 years while section 44 of BLA allows a child of 12 years of age for working while ensuring his health safety and education.C183 mandates a 14 weeks of maternity leave with 6 weeks compulsory leave after child birth. Article 6 of this convention provides for cash benefits as well as medical benefits, including maternity benefits, while BLA  provides for cash benefits only. Though various other rights are ensured for the workers, due to their ignorance, they are deprived of the facilities to which they are entitled. Employers are liable for such ignorance, as they have limited interest in the labor-related rights of their employees. Thus, negligence on the part of the owners leads the workers towards their unconsciousness about legal rights.

 Fear of Unemployment, Lay-off, and Termination: Even though the workers are conscious of their rights, they are often frightened to raise their voice. Because of the poor infrastructure of the nation, they are in fear of retaliation. This statement is evident in the “Rana Plaza collapse” incident. It is the deadliest industrial accident in the history of Bangladesh. The building had five garment factories and a bank, on 23rd April 2013, large cracks were discovered in the building. Though the shops and the bank were closed immediately but the garment workers were forced to work on the following day when the workers opposed to working in such condition, they were threatened to withhold a months pay. Because of economic instability, poor social infrastructure, and the fear of losing jobs, they had to continue working despite the vulnerable condition of the building, which resulted in the death of 1134 people and 2500 people were injured. It is also evident that the Rana Plaza garment workshops did not have any trade unions representing the workers. Trade unions can negotiate with the owners and employers, which protects the rights of the workers and sanctions unreasonable termination and layoff. According to section 2(58), lay-off means the inability or refusal of an employer to give employment of a worker, which refers to temporary unemployment (SK Hosiery Factory Case (1995) 45 DLR 233). A worker may also be terminated in accordance with section 26 of the BLA. It says that the employer has unfettered power to terminate the employment of a worker; he is not required to show any reason for such termination. While ILO Convention C158–Termination of Employment Convention,1982, in its Article 4 provides that, ‘the employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker. Article 7 provides the worker with an opportunity to defend himself before any such termination. While BLA is silent in this regard. Such inconsistency of BLA is a bar to the employees from raising their voice towards any employment injustice.

Inadequacy of Penalties and Courts: Penalties in violation of labor law that are provided in the BLA 2006 are not effective.  Section 35 of the BLA states that no parent of a child can make a contract of employment for a child. Section 285 states that violation of section 35 inflicts a penalty on its offender with a fine not exceeding 1000 taka. Fines for child labor violations range from tk 1000 to tk 5000; these amounts are very nominal, which makes the law less enforceable, as people are more likely to infringe the legal boundaries.  Nevertheless, various provisions are available as to penalties, but it is also evident that these are inadequate for the gravity of the consequences that arise due to such violations. Bangladesh has 13 labor courts which has exclusive jurisdiction to hear and decide labor-related disputes. Labor courts comprise a less formal proceeding with no court fee for filing a case [section 216(2)]. Though section 216(2)of the Act provides for an award or decision to be delivered within 60 days of the filing of the case,  almost 23571 cases are still pending,  as of April 2023. Violations of international labor laws are also subject to penalties and punishments.

Conclusion:

Enforcement of labor law in Bangladesh remains still a significant challenge. Having sufficient Acts and provisions in the absence of an enforcement mechanism is not enough.  Through various amendments and proposals, the legislature attempted to provide an effective enactment that fulfills ILO standards and recommendations. Bangladesh Labour (Amendment) Bill 2023 provided for 120 days of maternity leave and eased the formation of trade unions. This is a key step towards the implementation of ILO recommendations. As the ILO recommends that even if only a small number of workers support the formation of a trade union, they should be granted that right. As a developing nation, it cannot be expected that it will attain all recommendations overnight. Thus, the government should focus on the enforcement procedure rather than compiling numerous provisions without effective enforcement.