Mental health at work: A growing need for recognition in labour law

Mental health is frequently neglected compared to physical health, but it is gaining recognition as an essential element of holistic well-being, especially in the workplace. 

The issue of mental health in the workplace is becoming increasingly significant in Bangladesh, too. So, a more comprehensive examination of the country's labour legislation and the obligations of employers to cultivate a supportive atmosphere is necessary. 

To optimise the capabilities of its labour force, Bangladesh must immediately incorporate provisions for mental health into its labour legislation. This entails acknowledging mental health as a critical element of employee welfare and economic output.

According to Section 22 of Bangladesh's Labour Law, a worker may be discharged from service for physical or mental incapacity or continued ill health certified by a registered medical practitioner.

If a discharged worker completes at least one year of continuous service, the employer must pay him 30 days' wages for each year of service. No provision exists to improve workers' mental health.

Although Bangladesh's labour laws are comprehensive regarding wage rights, working hours, and physical health and safety, they do not explicitly address mental health concerns. This gap underscores a critical area of concern given the growing body of evidence that establishes a connection between mental health and productivity, job satisfaction, and overall economic development.

The global recognition of the significance of mental health in the workplace is increasing.  Developed nations such as Canada, the United Kingdom, and Australia have implemented mental health provisions as part of their labour legislation, demonstrating a proactive approach.

For example, the Health and Safety at Work etc Act 1974 in the United Kingdom requires employers to consider and mitigate physical and mental health hazards. Similarly, Australia's Fair Work Act of 2009 incorporates mental health provisions into its anti-harassment and anti-bullying policies. The instances above exemplify a growing tendency to recognise mental health as essential to labour rights and employer obligations.

According to a 2020 WHO survey, 16.4% of Bangladeshi adults were thought to have mental health difficulties. Workers are concerned because long hours, precarious labour, low income, and repressive workplaces can harm mental health.

The failure of labour laws in Bangladesh to provide adequate provisions for mental health not only impacts individual employees but also has far-reaching economic consequences. For instance, the garment industry has been censured due to its labour conditions, which can worsen psychological well-being among employees and subsequently impact productivity and international competitiveness.

Employers have a significant impact on the way mental health is addressed in the workplace. Promoting mental well-being among employees is not only ethically sound but also economically viable. 

To cultivate a supportive atmosphere, employers in Bangladesh may consider the following measures: Establishing employee assistance programmes, fostering open dialogues regarding mental health, reducing social stigma associated with the subject, and conducting managerial training.

Together with non-governmental organisations and the private sector, the government should strive to integrate clear and specific provisions for stress management, anti-bullying measures, and mental health support within the work environment.

They can conduct nationwide campaigns to raise awareness among employers and employees regarding the critical nature of mental health. Plus, gathering information regarding the prevalence of mental health problems across various sectors is necessary to guide policy development and intervention efforts.

In contrast, Bangladesh can learn from nations that have effectively incorporated mental health provisions into their labour structures. For instance, implementing frameworks such as the Management Standards established by the Health and Safety Executive (HSE) in the United Kingdom could offer a methodical strategy for effectively handling tension in the workplace. 

Furthermore, particularly in rural or marginalised regions, scalable solutions for mental health support can be provided through the utilisation of technology and telemedicine. However, in 2018, the government passed the Mental Health Act. It promotes mental health and mental health patients' rights. A government mental health policy encourages awareness and education and increases access to mental health care.

In Bangladesh, incorporating mental health provisions into labour legislation is an economic and legal imperative that transcends morality and legality. In the pursuit of international expansion and competitiveness, the welfare of the nation's labour force will emerge as a pivotal factor influencing its level of achievement. 

Bangladesh can foster a future in which mental health is acknowledged as a fundamental component of labour rights and economic progress by drawing insights from international models and modifying them to suit the local environment. At this moment, all stakeholders must unite to establish an inclusive, healthier, and more productive workplace environment for every employee.

Md Fahmedul Islam Dewan is a lecturer of law at the World University of Bangladesh. 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.