Most workers in Bangladesh left out of legal protections: US State Dept

The majority of Bangladesh's labour force remains outside the protection of existing labour laws, with informal sector workers making up an estimated 85% of the total, according to a report released yesterday (12 August) by the US Department of State.

According to the report titled "2024 Country Reports on Human Rights Practices: Bangladesh", the law grants workers the right to form unions, bargain collectively and engage in legal strikes but these rights do not apply to much of the workforce. Informal sector employees, including those in agriculture, domestic work, construction and small-scale manufacturing remain largely unprotected. The legal definition of 'worker' excludes managerial, supervisory, and administrative staff, while civil servants, firefighters, security guards and employer special assistants are barred from union membership.

"Unions are not permitted in export processing zones (EPZs). Workers there can form worker welfare associations (WWAs) but these bodies cannot engage in collective bargaining and cannot affiliate with outside unions, political parties or NGOs. The Bangladesh Export Processing Zones Authority (BEPZA) continues to dominate the WWAs with 288 such associations formed among 456 operating enterprises in the eight EPZs," says the report.

The law allows up to three unions per factory but requires at least 20% of employees to register one. According to the report, this threshold is often difficult to meet, especially in large enterprises. Between January and December last year, the Department of Labour (DOL) rejected 55 union registration applications for failing to meet this requirement, reads the State Department report. 
"Workers cannot directly file unfair labour practice cases in labour courts. Complaints must first be lodged with the DOL, which attempts arbitration. Decisions are nonbinding and reinstatement for workers dismissed due to union activity is rarely granted. From January to September, workers filed nine such complaints, all still under investigation as of September," adds the report.

The report says labour leaders and activists face harassment and violence. It cites the killing of labour organizer Shahidul Islam in June 2023. Although nine suspects were arrested in February, all were later released on bail.

According to the report, the National Minimum Wage Board sets sector-specific minimum wages, but none are indexed to inflation. Many wages do not provide a decent standard of living in urban areas. The legal workweek is 48 hours, extendable to 60 with overtime pay but rights groups report that 95% of factories violate overtime limits. In many cases, employers require workers, including pregnant women, to work more than 12 hours a day without proper compensation.

The report says occupational safety and health standards exist but enforcement is weak. The Department of Inspection for Factories and Establishments (DIFE) has only 446 inspectors to oversee more than 530,000 workplaces. In EPZs, inspections require prior notice to BEPZA, limiting the effectiveness of monitoring. From January to June, 475 workers died in workplace accidents with construction and manufacturing identified as the deadliest sectors. The report cites a 7 September boiler explosion at SN Corporation Ship Breaking Yard that killed seven workers and injured six others. The Ministry of Industry fined the company Tk34 lakh (US $29,500) and ordered a three-month closure.

According to the Labour Force Survey 2022, 84.9% of employed persons, or 70.47 million people work in the informal sector where occupational safety and health incidents are most common. The report says legal protections for these workers are inadequate and rarely enforced.

The report concludes that the government did not effectively enforce laws on freedom of association, collective bargaining, the right to strike, minimum wages and workplace safety. It notes that penalties for violations were not commensurate with similar offenses and when applied were more often directed at workers than employers.