Domestic worker protection on paper, welfare absent in reality

A 13-year-old domestic worker named Kolpana was rescued after reportedly enduring years of abuse at her employer's home in October 2024.

Her frail physical condition and testimony painted a picture of prolonged violence and confinement. Public anger surged at the time, but rights groups say structural reforms did not follow.

Another earlier case involving the death of a child domestic worker who fell from the apartment of a then executive editor of a prominent English-language daily also raised concerns about accountability and oversight in domestic employment.

Labour rights activists say the failure to ensure proper investigation and justice in such cases has contributed to the persistence of abuse. A recent example, they say, is the Uttara incident.

An 11-year-old girl was rescued from a flat in Uttara this week after neighbours allegedly alerted authorities to signs of abuse inside the residence of the managing director and CEO of Biman Bangladesh Airlines.

Police later arrested the senior official and his wife on charges of torturing the child, who had been working as a live-in domestic helper. Investigators said the girl bore visible marks of physical assault and had been kept in isolation for extended periods.

The incidents have triggered nationwide outrage. Yet for labour rights activists, they are grim reminders of cases that briefly dominate headlines before fading from public view.

These incidents have prompted labour leaders to question accountability and the conditions faced by child domestic workers in private households. Taken together, they reveal a recurring pattern: child domestic workers facing violence behind closed doors, with legal remedies that appear reactive rather than preventive.

Policy promises, limited impact

Bangladesh adopted the Domestic Workers Protection and Welfare Policy in 2015, aiming to establish minimum standards for the sector.

The policy recognises domestic work as labour and outlines provisions for contracts, defined working hours, weekly leave, medical care, and festival bonuses. It also includes maternity benefits for female workers.

Child protection clauses were incorporated, restricting heavy work for children under 12 and setting conditions for adolescents. A monitoring cell and complaint helpline were proposed to oversee implementation.

However, the policy was never enacted as binding legislation. Labour rights advocates argue that without statutory force, compliance remains voluntary. Monitoring mechanisms promised under the policy are either inactive or not widely visible.

In 2022, the High Court issued a rule asking why the authorities' failure to frame enforceable guidelines for domestic worker protection should not be declared illegal. Lawyers involved in the case argued that although compensation for abuse victims is mentioned in the policy, there is no clear process for obtaining it.

Gaps in labour law

Advocate Monakeb Bahar, a Supreme Court lawyer, said the current framework is fragmented and falls short of addressing the realities of domestic employment.

"Criminal law steps in after extreme violence has occurred," he said. "But who monitors the daily working conditions? Who ensures a child domestic worker gets rest, education, or proper wages? The answer, at the moment, is no one in a structured way."

He noted that work performed inside private homes creates enforcement challenges distinct from factory or office settings.

"Domestic workers are often minors, often from poor rural families, and often live inside the employer's residence. Expecting them to initiate legal proceedings under the general labour law is unrealistic," he added.

Human rights activist Abu Ahmed Faijul Kabir said that although Bangladesh has policies and legal provisions to protect domestic workers, their implementation remains крайне limited, which is a major concern.

"The recent allegation of abuse at a Biman Bangladesh official's residence shows that such brutality still exists in society," he said, adding that domestic workers' rights continue to be widely neglected.

He pointed out that domestic workers are often treated as "invisible labour," lacking institutional recognition despite being an essential part of daily life. This neglect, he said, exposes them to abuse, exploitation, and discrimination.

He emphasised that the core problems lie in weak accountability, lack of effective monitoring, and limited access to justice for victims.

Domestic workers were only recently included within the definition of "worker" under the Bangladesh Labour Act, 2006. Legal experts say that inclusion has yet to translate into practical access to labour courts or structured grievance procedures.

When severe abuse occurs, cases are generally prosecuted under the Penal Code, 1860, or special laws addressing violence against women and children.

While these statutes address assault and homicide, they do not cover issues such as excessive working hours, denial of rest days, unpaid wages, or occupational safety as labour violations.

Bangladesh has also not ratified ILO Convention 189, which sets global standards for decent work for domestic workers.

International examples

Rights advocates frequently point to comparative legal frameworks abroad. The Philippines enacted a dedicated Domestic Workers Act that establishes minimum age requirements, regulates working hours, guarantees days off, and provides access to education and communication for workers. The law extends labour and social protections to an estimated 1.9 million domestic workers.

Brazil, through a 2013 constitutional amendment, granted domestic workers the same fundamental labour rights as other employees, including overtime pay, severance benefits, and access to a social security fund.

Advocate Bahar said such examples demonstrate that specific legislation is possible. "We already have the 2015 policy as a starting point," he said. "What is missing is legislative force, clear enforcement mechanisms, and political will."

A vulnerable workforce

Research by the Bangladesh Institute of Labour Studies (BILS) indicates that 84 percent of domestic workers live below the poverty line.

The organisation reports that 87 percent do not receive weekly leave, and many earn less than Tk 5,000 per month.

The Bangladeshi Ovibashi Mohila Sramik Association (BOMSA) estimates that around 80 percent of permanent domestic helpers are minor girls.

Many are brought from rural areas with promises of education and better living conditions, but activists say those expectations frequently go unmet.

According to BILS, 96 percent of abused domestic workers do not lodge complaints, often citing fear of losing employment or lack of confidence in the justice system.

In 2024, National Human Rights Commission Chairman Kamal Uddin Ahmed said a draft law addressing domestic worker abuse had been submitted to the Ministry of Social Welfare, though no timeline for passage has been announced.

As the Uttara case proceeds, labour leaders say the central issue extends beyond individual prosecution. Without a binding and enforceable legal framework tailored to domestic work, they warn, the cycle of outrage and inaction may continue, leaving thousands of workers vulnerable behind closed doors.