Violation of Labor Rights in Bangladesh - Improvement of Bangladesh Labor
Violation of Labor Rights in Bangladesh - Improvement of Bangladesh Labor
Violation of Labor Rights in Bangladesh - Improvement of Bangladesh Labor
5(12), 2017-2029
Article DOI:10.21474/IJAR01/6175
DOI URL: http://dx.doi.org/10.21474/IJAR01/6175
RESEARCH ARTICLE
for workers and civil society activists. Especially RMG Industry‟s 1 worker faces hazardous working conditions and
an awful minimum wage. That‟s why workers are calling strike day by day. The reason behind the lack of
enforcement of labor law is ignorance of employer and worker as well as the government‟s unawareness and
unhealthy work environment, low wages, discrimination and many illegal practices in the workplace that are very
common in Bangladesh.
If we see China labor conditions that workers are protected by a fairly comprehensive set of labor law that include
requirements for minimum wages and overtime pay maximum working hour limits and safely working place, there
are no violence and no strike, if labor dispute is raise then it will be turned from something aggressive and
unproductive to peaceful legal productive process. If we see, Bangladesh labor law rights with Chinese labor rights
that are so different. Abuse of labor rights that are created many problem in Bangladesh, it‟s also effect on economy.
So Bangladesh labor rights can be improved by updating the framework and flowing Chinese labor law,
International Organizations like ILO, then may be many problem will be solved of Bangladesh and can insure labor
rights. The current Labor Acts of Bangladesh has been promulgated on the 11 th October 2006 repealing 25
importance Labor laws after prolonged tripartite negotiations. It has introduced a good number of important items
like retirement benefit, death benefit, appointment letter, and enhancement of compensation for both death and
permanent disability, introduction of provident fund for workers etc. The labor law was amendment in 2006, but still
has several serious deficiencies, including the wholesale exclusion of many classes of workers, high thresholds on
the minimum number required to form a union, restrictions on the right to choose their own leaders also restriction
on collective bargaining and several on the right to strike.
If we see the ILO annual report about Bangladesh that tens of thousands of workers employed in export processing
zones have no rights to forms a union and are by law barred from talking to unions outside of the zones. Bangladesh
amended labor law in July 2013 after widespread criticism following the collapse of the Rana plaza building 2, which
killed more than 1,100 garment workers. Bangladesh is the largest exporter of clothing in the world after China.
There are many garment industry that is the backbone of the development of the country, Bangladesh amended its
labor law for protect worker‟s rights, but still now have those kinds of problem, can‟t improve industrial labor law,
peace and social stability.
Bangladesh amendment its labor law Act into 2016 to 2013 that‟s outlaws numerous “unfair labor practices” like, no
employer shall, dismiss, discharge, remove from employment, or threaten to dismiss, discharge or remove from
employment a worker, or injure or threaten to injure him in respect of his employment by reason that the worker is
1
RMG Industry (Readymade Garments Industry) are the finished textile product from clothing factories the Bangladeshi RMG
Industry sector is one of the fastest growing sectors in the Bangladeshi economy.
2
A garments factory building which was situated in Dhaka (capital of Bangladesh)
3
Bangladesh: protect Garment Workers Rights, www.hrw.org/news/2014/02/06/bangladesh-prorect-garment- workers-rights
4
See, article 7, page-700 , volume40/2 Brooklyn Journal of International Law, by Tamanna Rubya (2015)
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or propose to become, or persuade any other person to become, a member or officer of a trade union.5 After all, to
these situations, Human Rights Watch interviews with eyewitnesses recount threats, attacks against union workers in
Dhaka from October 2013 onwards, “One female worker said that when the workers in her factory presented their
union registration form to the company owner, he threw it in the dustbin then threatened the workers, saying he
would never allow the union to start. After two weeks later, a group of men, including a local gangster and the
owner‟s brother, visited her home and threatened her and she agreed to resign” 6.
Bangladesh ratified ILO Convention on June 22, 1972 and expected to comply with the convention.Workers used to
enjoy trade union rights under Industrial Relations Ordinance 1969. IRO 1977 made provisions of 30 percent
member to form union, banned fulltime trade unionist who are not employed at the enterprises to become leaders
and gave labor directorate unrestrained power to cancel registration of unions. All these provisions are the complete
violation of ILO convention 87 and 98 which have ratified by Bangladesh government and ILO Committee of
Experts on the Application of Convention and recommendation has noted serious discrepancies between labor law
of Bangladesh and ILO core conventions ratified by Bangladesh 8. So, labor law goes much further, but the laws are
unenforced. One Survey finds that Bangladesh garments workers still face a number of problems such as
compulsory long working hours, harassment by supervisors and the denial of the trade rights. There is no reason that
democratic or representative unions cannot function in Bangladesh that assuming the government is willing to
enforce its enforce its own laws and protect the workers‟ rights to organize, as a result worker are not getting proper
rights.
The Section 202 of The labor act 2006 mentions about CBA 10, that have rights undertake collective bargaining with
the employer or the employer on matters connected with the employment, non employment or terms of employment,
Represent all or any of the workmen in any proceedings, give notice of and declare a strike in accordance with
provisions of the law and nominate representative of workmen on any committee, fund constituted as per the
provisions of law or agreements. But, unfortunately, in Bangladesh, the government has a notorious reputation for
5
See, section: 195 of Bangladesh Labor Act 2013.
6
Bangladesh: protect Garment Workers Rights, www.hrw.org/news/2014/02/06/bangladesh-prorect-garment-workers-rights
7
Source: The daily ProthomAlonewspaper, 1st January, 2012.
8
See, page,2 International laborOrganization‟s Conventions & Bangladesh Position and Needed Initiatives, By IsmatJarin Dina
9
See, April 21.2016 ,EaseRigid Union Law, Punish Union Busting, Bangladesh: GarmentWorkers Union RightsBleak
10
Collective Bargaining Agent, The previouslawrequired a trade union for being a CBA to consists of at least one- third of
workers as itsmember, even if itis the onlytrade union in the establishment but the 2006 Act has made a direct provision that if
thereremainsonly a single trade union, thenthatshallbetreated as the Collective Bargaining Agent.
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suppressing trade union activity; as a result, collective bargaining in the country is very weak. 11 So, There are some
factories have very few with both a union and a collective bargaining agreement that is not sufficient.
However, in 2013, their success was relative since the increase of the minimum wage to the current BDT 5,300 still
means that workers are not being paid a living wage.The workers are not satisfied with this wage policy fulfill to
their demand. In December 2016, workers started demanding a tripling of their monthly minimum wage to between
BDT 15,000 and BDT 16,000.
The latest period of unrest in the Bangladeshi garment sector started on 12 December 2016 that Workers from the
Windy Apparels Ltd factory went on strike, demanding an increase of the lowest wage to BDT 15,000 or BDT
16,000.16 So, the unrest soon spread to other factories in the area that led to 59 factories having closed their doors
until the end of protests. Approximately, 150,000 workers to the streets to demand a higher wage that both factory
11
Hossain, supra note 101.According to a 2010 Labor Force Survey by the Bangladesh Bureau of Statistics, only about 3.88
percent of employees out of the total workforceweremember of trade unions. Availableat
www.dhakatribune.com/business/2013/aug/28/right-form-trade-union-not-rmg
12
https://www.theseus.fi/bitstream/handle/10024/96244/Human%20Rights%20Violations%20in%20the%20Garment%20Industry
%20of%20Bangladesh.pdf?sequence=1
13
ILO, Resource guide for minimum wages, Retrievedfrom
http://www.ilo.org/public/english/support/lib/resource/subject/salary.htm
14
See, minimum wage Board 2013 publishes Gazette: Basic salary Go Down, post on November 22, 2013 by research Initiative
for social equity society.
15
See, Factsheet, February 2017 Wage Struggle in Bangladesh.
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owners and government forces were forcefully repressing the non-violent protests. When workers were to return to
their factories, between 1,600 and 3,500 found out they were dismissed on 20 December.
So, May be argument can be arise about minimum wage and basic needs that how it will be labor rights, Here I can
argue that when workers can‟t their minimum needs for serve life that‟s must needed and essential for life , In this
situations my thinking its rights of workers .
In Bangladesh a large number of workers work in RMG factories, unfortunately very few garments factory maintain
the law but not every law. In addition to that most of factory does not ensure safety of the workers and workers work
in unhygienic and hazardous environment, that‟s why the workers become sick. RMG and fire is closely related to
each other, but most of the factory has no or very few fire extinguisher and the buildings are so congested.
17
ILO Statement on Reform of Bangladesh Labor law supra notes 24. In addition to the ILO, the United Nations has
alsonotedthat „The amendments do not prohibit discrimination in employment or remuneration, nor do theyprohibitdebt bondage
by children or compulsorylabor as a form of punishment.”Revised Bangladesh Labor Law “fall short” of International standers-
UN agency, supra notes 69.
18
ILO Statement on Reform of Bangladesh laborlaw supra notes 24.
19
See: laborAct( amendment)-2013
20
Ibid
21
International Labor Organization‟s Conventions & Bangladesh Position and Needed Initiatives Bangladesh ,Foreign Trade
Institute, by IsmatJarin Dina (Research Associate)
22
See, art.2, trade union law, China
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securing employers compliance with a variety of health, safety and labor law. 23 So, The ACFTU‟s responsibility is
both to represent the employee‟s interests and to assist the employer in properly dealing with the matter to restore
the normal order production that mediating solutions to the dispute. The union maintains this bifurcated loyalty by
serving on intra-enterprise mediation committees and the tripartite labor Arbitration Commissions, both of which
seek to resolve disputes over employee‟s labor rights. 24
The worker‟s work„independently‟, the ACFTU is admonished to „concentrate on the focus of economic
construction, adhere to the socialist road 25 and its basic responsibility, and safeguard the rights and interests of
workers. In addition to that Article, 7 of The Trade Union Law requires that „trade unions should mobilize and
organize employee to participate in the economic construction positively to complete production duties and working
duties with great efforts.
If we see Bangladesh Labor rights that workers has rights to strike with arranging member of trade union. But it‟s
not effective sometime and if worker greeting strike but it‟s not stable so many time. In 2013, According to Human
Rights Watch that The Bangladeshi government should stop garment factory owner from intimidating and
threatening workers for organizing trade unions and prosecute those responsible for attacks on labor leaders 26 .
Because Human Rights watch interviewed 47 workers in 21 factories around the Dhaka that the workers claimed,
some managers intimidate and mistreat employees involved in setting up unions, including threatening to kill them
and some union organizers said that they also beaten up and some had lost their jobs or had been forced to resign. In
addition to that Factory owners sometime used local gangsters to threaten or attack workers outside the workplace
even at their homes27. So, there have Trade union but it‟s not active and workers are not greeting proper rights.
In addition to that labor dispute Resolution system in China that term begins with voluntary mediation then proceeds
to compulsory arbitration and finally ends with appeals of the arbitration decision in civil court. This system was
implemented at the national level for all enterprises in the 1994Labor Law. Between 1995 to 2007 labor disputes
increased, on average, by about 25% annually and in 2008, arbitrated labor disputes increased dramatically, almost
doubling (Mary Gallagher, john Giles, Albert Park and Meiyan Wang, 2015).
23
See, art.20-25, Trade Union Law, China
24
See, article: 80, 81 of Chineselaborlaw& Articles: 10, 19 of Law onlabor Dispute Mediation and Arbitration.
25
See, art. 4, Trade Union law
26
Ibid
27
Ibid
28
See, National Bureau of statistics of China( NBSC)
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In this figure show from 2008 labor disputes are increasing dramatically, but Chinese dispute resolution system that
solving very fast according to the rule and regulation. In 2008, the labor Dispute Mediation and Arbitration Law
further refined the existing procedures and clearly defined the rights and duties of mediation and arbitration
committees. However, the process is much more fluid with the emphasis being placed by the authorities at all stages
on mediation rather the more formal arbitration and litigation procedures, so, if a case does make it to a labor dispute
arbitration committee (LDAC) or the civil courts the those institutions will often still urge the parties to a agree to a
mediated settlement rather than issue a formal ruling, In 2014, the 711,004 cases settled by LADCs in China and
nearly half (321,598 cases) were settled through mediation.
29
See, China laborStatisticalYearbook and China labor net report, 2012.
30
See, China laborStatisticalYearbook and China labor net report, 2014.
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So, in this figure show that mediation resolutions are more effective in present situation and the current emphasis on
mediation in labor disputes reflects a shift towards mediation a shift towards mediated settlements in China‟s
judicial system as a whole that more specifically it is a response to the sudden upsurge in arbitration and labor rights
legal cases that followed the implementation of labor Contract Law and Labor Dispute Mediation and Arbitration
Law in 2008. The total number of cases settled by LDACs more than doubled from 340,030 in 2007 to 711,044 in
2014 that the number of cases resolved by LDACs through mediation nearly trebled in the same period, increasing
from 119,436 in 2007 to 321,598 in 201431. In the view of point both laws gave workers additional ability and
incentive to seek legal redress for labor rights violations.
When an employer hires an employee then must inform to employee of the workers contents, conditions and
location, work safety state with the term and condition. 37There are three types of contracts that are- fixed term, open-
ended term and project contracts. 38 If workers employed for longer than ten years, it entitled to an open-ended
contract and workers whose second consecutive term expires will be entitled an open-ended contract, if they have so
demand as well.39 According to the contract law that an employer cannot keep a worker‟s ID card or require a
security payment by a worker.40 In addition to that employment agencies cannot require a fee to be paid by the
worker 41 and the employment cannot disguise overtime 42 and the most worker-liquidated damage provisions are
prohibited43 and also prohibited are acts of violence, threats, unlawful restriction of personal freedom to compel a
worker to work according to the rule and regulation of Chinese contract law. The obligations of the accepting unit
also include implementing government labor standards, working conditions and labor protection, paying overtime
and performance bonuses and providing training necessary for the job position 44 and also Par-time workers are
limited that it‟s not more than four hours per day or twenty-four hours per week.45 The worker‟s wages are usually
paid on an hourly basis and must meet local minimum wage standards.46
The labor laws and regulations with the Contract Law as representative were drafted, enacted, promulgated and
implemented that a fierce debate has been triggered in the whole society and there are different voice the
31
See, China‟s labor dispute resolutionsystem ,Availableat:
http://ww2.fwa.gov.au/manilafiles/files/international/Chinacountrypaperword091112.pdf
32
See, art. 5 of LCL
33
See,art.10 of LCL
34
See, page, 37 of Understanding Labor and Employment Law in China, by Ronald C. Brown
35
See, art.19 of LCL
36
See, art.19 of LCL
37
See,art.8 of LCL
38
See, art. 12 to 15 of CLC
39
See, art.14 of CLC
40
See, art. 9 of CLC
41
See,art.60 of CLC
42
See, art. 31 of CLC
43
See, art.25 of CLC
44
See, art.67 of CLC
45
See,art.68 of CLC
46
See,art.72 of CLC
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government, labor union, the law circle, the circle of economics to the business world and workers. Other side,
supporters believe that the new labor policies and legislation are powerful weapons for protection of worker‟s rights
and interests and are good to make labor relation more harmonious 47. So, other hand, opponents say that the new
labor laws and legislation are going too far and the new labor law policies and legislation try to break restriction of
system that administer labor relations with the same standard and establish equal labor relations in which people get
the same pay for the same job.
In China, the Ministry of labor and social security passed „the minimum wage regulations‟ and promulgated the new
law on January 2004. This reform emphasized the following major changes that are a) an extension of coverage to
town-village enterprises and self-employed business, b) creation of new standard for hourly minimum wages, c) an
increase in the penalty for violators from 20% - 100% to 100%-500% of the wage owed, d) more frequent
minimum-wage adjustment once at least 2 years. 50 The 2008 labor contract law requires that employment contracts
include a term on labor compensation. 51
The minimum wage stander as the least labor remuneration paid by the employers required by law on condition that
the labors have provided normal labor during the legal working hours agreed by the labor contract. 52 Wage
distribution method remains within the discretion of the employer that the minimum and maximum standards are
adjusted at least every two years by the government, 53 and a monthly rate is to be used for full-time employees and
an hourly rate for other employees.54In addition to that the part-time workers are to be paid the minimum wage or
remuneration that mainly calculated on hourly basis. In China, Monthly Minimum Wages are increased to 2300
CNY (USD333) in 2017 from 2190(US$327) CNY in 2016. Previous time in China averaged 1420 CNY from 2006
until 2017 that reaching an all time high of 2300 CNY in 2017 and recorded low of 690 in 2006. 55
47
See, latest changes of labor policies and legislation in china and its impact on labor relations Available at:
https://www.ilera2015.com/dynamic/full/IL172.pdf
48
The State Administration of WorkerSafety
49
See, page,105 of Understanding Labor and Employment Law in China, by Ronald C. Brown
50
See, Minimum Wages and Firm Employment: Evidence from China, by Yi Huang, PrakashLoungani, and Gewei Wang,
available at https://www.imf.org/external/pubs/ft/wp/2014/wp14184.pdf
51
See.art.17 of LCL
52
See, art. 3 of RMW
53
See,art.10 of RMW
54
See,art.68 of LCL
55
Ibid.
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In China, there is not found more labor unrest in factory or industry. Recently, The Chinese labor law is more
effective in protect the labor rights according to the term and condition of rule and regulation, it‟s also led to an
increase in the awareness among workers of their rights as evidenced by a sharp rise an in labor dispute case filed.
ShenDeyong57 told a Beijing press conference on 3 March that the number of labor related lawsuits filed in 2008
jumped by 95% compared with 2007 and the international financial crisis too shakes the government‟s commitment
to improving labor rights. So, Chinese labor law and state policy that collective labor rights are done restrict, as a
result China ensure protect worker rights and ensure industrial peace, social stability. If we see the individual rights
that are strengthen by the rule and regulation, as a result China Improve industrial labor law and protect labor rights.
However, If we analysis Bangladesh labor rights and Chinese labor rights that Chinese labor law ensure protect their
labor rights, but Bangladesh can‟t ensure protect their labor right and improve industrial labor law, there are
different problem to established industrial peace and social stability. The abuse of worker rights in Bangladesh, the
worker are threaten, attacks by factory owner and although, the trade union is independent, but lack of representative
of trade union, weak collective bargaining is major problem, In addition to that basic rights like minimum wage,
lack of safety work place and minimum facility, for this reason labor unrest are common in Bangladesh industrial
sector. The labor law is not protecting worker rights and they are calling strike for long time, as results it effect are
falling on economy of Bangladesh. Above this discussion of Chinese legislation Strategy in labor law that May
good strategy to improve Bangladesh labor law in present situation.
Improvement Bangladeshi labor law to taking Some Chinese labor law strategy:-
I think that if Bangladesh allowed all trade unions or peak trade union like China then labor may be worker get
proper rights and they can complain to peak trade union for any problem, Bangladesh can through this process in
labor law. There are many strategies of Chinese legislation in labor law to protect labor rights, Chinese collective
labor rights play vital role to protect labor rights , as like the trade union in China must be affiliated with ACFTU
and is regulated by law, that through unity of all trade union and it is the peak of trade union.
Bangladesh also can take dispute resolution system to protect labor rights. In China, if worker make dispute, dispute
resolution system very fast according to the rule and regulation. In 2008, the labor Dispute Mediation and
Arbitration Law further refined the existing procedures and clearly defined the rights and duties of mediation and
arbitration committees. However, the process is much more fluid with the emphasis being placed by the authorities
at all stages on mediation rather the more formal arbitration and litigation procedures, so, if a case does make it to a
labor dispute arbitration committee (LDAC) or the civil courts the those institutions will often still urge the parties
to a agree to a mediated settlement rather than issue a formal ruling58
Bangladesh should take this kinds of mechanism for protection labor rights and improving its labor law that Labor
contract strengthened and labor dispute system in Chinese labor law that The New Labor contract law uses tripartite
mechanisms that are country level and above, to study and resolve major issues arising from employment
56
Availableat http://www.tradingeconomics.com/china/minimum-wages
57
Vice president of the SupremePeople‟s Court
58
Ibid
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relationships.59A written labor contract shall be concluded in the establishment of an employment relationship, the
new law remain in force that clarifications and strengthened sanctions have been added, like all employment
contracts must be written without part-timers 60 and If not the concluded and signed within 30 days then the
employer must pay double wages for the period of the violation. 61This law also established shorter probationary time
limits that depending on the length of the contract between employer and employees, like maximum periods of one
month for contracts three months to one year, two months for contracts of one to three years and six months for
contracts of three years to longer or open- ended contracts62.The probation period shall be included in the term of a
labor contract. If a labor contract only provides the term of probation, the probation shall be null and void and the
term of the probation shall be treated as the term of the labor contract.63
The labor Contract law provides on work safety and the measures taken to prevent occupational hazards included in
the labor contract 64 and also requires that the employer to inform employees as to working conditions, occupational
hazards and production safety conditions.65 The union and other employee organizations have rights to supervise
safety matters. 66 China put place its work related Injury Insurance Regulations in 2004 that cover work-related
injuries, disability or death as well as occupational diseases and remedies are exclusive, but law permits a suit in tort
for employer safety violations and Employee waivers of coverage are prohibited 67 that though negotiated
settlements for injuries are permitted if not deemed unfair by the court according to the rule and regulation. If we see
the minimum wage standers in China that Wage distribution method remains within the discretion of the employer
that the minimum and maximum standards are adjusted at least every two years by the government, 68 and a monthly
rate is to be used for full-time employees and an hourly rate for other employees. 69In addition to that the part-time
workers are to be paid the minimum wage or remuneration that mainly calculated on hourly basis. However, I think
that according to process, Bangladesh can improve its labor law to following these kinds of good strategy of Chinese
labor law.
Conclusions:-
In this Article, above this discussion of Chinese strategy in labor law that did restrict its collective labor rights and
strengthen its individual labor rights and China ensure it‟s protect labor rights, establish industrial peace, social
stability and improve industrial law. On the other side, Bangladesh has its own labor law, but it‟s couldn‟t protect
labor rights and workers unrest are increasing day by day. Especially, Bangladesh garments industry‟s workers are
going to strike for their minimum demand. Bangladesh government till now cannot ensure minimum wage, although
in 2013, wage board of Bangladesh was relative since the increase of the minimum wage to the BDT 5,300, but the
workers are not satisfied with this wage policy fulfill to their demand, So, In December 2016, workers started
demanding a tripling of their monthly minimum wage to between BDT 15,000 and BDT 16,000. Although
Bangladesh government taking different policy to protect labor rights, but it‟s not enough for development labor law
of Bangladesh, in this article provided legislation strategy that is good strategy to improvement of Bangladesh labor
law.
59
Ibid
60
Ibid
61
Ibid
62
Ibid
63
Ibid
64
See ,art.17 of LCL
65
Ibid
66
Ibid
67
Ibid
68
Ibid
69
Ibid
2027
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