Govt declares NBR jobs as 'essential services'. How it may affect the ongoing protest

"Essential services" generally refer to those services without which daily life becomes extremely difficult and economic activity faces serious disruption.

In Bangladesh, the legal framework for such services dates back to the pre-independence era, with laws like the Essential Services (Maintenance) Act, 1952 and the Essential Services (Second) Ordinance, 1958. These laws were retained for years after independence.

Return to work or face stern action, govt warns protesters as NBR jobs declared 'essential services'

In 2020, the labour ministry drafted a new law, and in 2023, the government repealed the previous ones and passed the Essential Services Act, 2023 to modernise and formalise the legal structure.

Under this Act, specific jobs or services are declared "essential," with provisions to regulate those involved and their operations.

What qualifies as essential service?

Under the new law, 18 types of service-providing institutions or sectors are designated as essential, including postal and telecommunications; information and communication technology (ict), e-commerce, and digital services; digital financial services; electricity generation, transmission, distribution, and maintenance; passenger and cargo transport by road, rail, water, and air; airport and airline operations and maintenance; anti-smuggling services; services related to defence institutions or essential defence goods production; public food procurement, storage, distribution, and sale; water supply and sanitation; services related to hospitals, clinics, health centres, and dispensaries; medicine production and supply; public health protection; services in state-owned banks and financial institutions; services involved in the production and distribution of coal, gas, electricity, steel, and fertiliser; petroleum production, transport, storage, and supply and currency printing and mint operations.

What restrictions apply?

Employees of essential service institutions are prohibited from going on strike. A strike is defined as a concerted refusal to work, to continue work, or to accept assigned duties.

Similarly, employers of such institutions cannot declare a lockout or lay-off. A lockout is when an employer shuts down or partially suspends operations or refuses to allow employees to work. A lay-off refers to a temporary inability or refusal to employ workers due to material shortages, equipment failure, or other technical issues.

Can the government expand the list?

Yes. The law allows the government to declare any service essential – beyond the 18 listed – if it determines that disruptions in the service would severely harm public welfare, jeopardise public safety or essential supply and maintenance systems, cause intolerable suffering to citizens and threaten national security or territorial defence.

This can be done through a gazette notification.

For how long is a service deemed essential?

While the main Act doesn't fix a specific duration, any service declared essential via gazette is valid for six months. This can be extended in six-month increments if necessary.

Since NBR (National Board of Revenue) services are not included in the original list, if declared essential by gazette, the status would initially apply for six months.

Penalties for violation

If employees of an essential service provider violate the law by going on strike, they face a minimum of 6 months' imprisonment and a fine of Tk25,000. The maximum penalty is 1 year in jail, a Tk1 lakh fine, or both.

In addition, authorities may impose departmental penalties, including dismissal from service.