Will the tea workers ever get fair wages?

Despite the passing of several laws, amendments over the years have not adequately addressed the workers’ needs. Photo: Syed Zakir Hossain

The exploitation experienced by tea workers in Bangladesh is unparalleled. Denied fair salaries, proper nourishment, education, and adequate health facilities, 97% of them live under extreme hardship. 

Most of the workers are women, many of whom face physical, verbal, and sexual abuse, violating their basic human rights. 

Their demands for better conditions are not only reasonable but also necessary for leading a humane life. Despite their repeated protests, the daily wage was set at Tk170, which remains insufficient in today's economic reality.

Wages are decided by a bilateral agreement between the Bangladesh Tea Association (BTA) and the Tea Workers Union every two years. 

According to the 2019 agreement, the daily rate ranged from Tk117-120-0, and after the 2022 movement, wages were increased by Tk50 to Tk168-170. 

However, 96% of workers do not have formal employment status, making it easier for employers to exploit them.

Tea workers in the neighbouring Indian state of Assam earn Tk330, or 250 Indian Rupees, while in Sri Lanka, workers receive 1700 Sri Lankan Rupees, equivalent to Tk674. Bangladesh's per capita income is $2,784, yet a tea worker earns only Tk170 per day, or $1.43. 

In August 2022, the tea workers called for a strike, demanding Tk300 per day salary. In response to the tea workers' movement, the pay was raised by Tk50, making it Tk168-170. 

First-class, second-class, and third-class tea garden labourers now receive pay of Tk170, Tk169, and Tk168 consecutively. Since most of them do not have official employment, it is only natural for the employers to take advantage of them.

Article 26 of the Universal Declaration of Human Rights (UDHR) guarantees education as a fundamental right, echoed by Article 17 of the Bangladesh Constitution, which mandates free and compulsory education. 

Section 34.1 of the Bangladesh Labour Act, 2006 prohibits child labour, yet children in tea estates often work instead of attending school. 

Moreover, tea workers are not provided with employment letters, violating Section 5 of the same act, which requires such documentation. They are also excluded from benefits like the provident fund, as outlined in Section 320 of the law. 

The state is constitutionally obligated to provide an exploitation-free work environment, but this promise remains unfulfilled for tea workers. Additionally, tea workers do not receive quota benefits, as they are neither recognised as minorities nor as tribal communities.

For Tk170, tea workers are not able to provide for their own adequate sustenance. In areas with tea plantations, there is a notably low rate of schooling. Youngsters who are meant to attend school are forced to labour on tea plantations. 

There are just two high schools, a few government elementary schools, and no colleges among the 241 tea plantations. 

Furthermore, tea workers do not possess any personal residences. For at least three generations, they have resided in homes that are eight or 12 feet in size.

The Bangladesh Labour Act, 2006 covers various aspects of worker rights, including minimum wages, safety, education, and compensation for work-related injuries. While the law applies to tea workers, specific exemptions hinder its full impact on their lives. 

The Sustainable Development Goals (SDGs) aim to eradicate forced labour, yet tea workers in Bangladesh remain exploited, with the Bangladesh Development Survey highlighting how these workers have been denied equal rights and citizenship since the 19th century. 

Despite the passing of several laws, such as the Bangladesh Tea Workers' Welfare Fund Ordinance of 1986 and the Tea Plantation Ordinance of 1979, amendments over the years have not adequately addressed the workers' needs, particularly in compensation and labour law enforcement.

Despite several amendments throughout time, these laws have not sufficiently addressed societal demands, especially with regard to worker compensation and labour law infringement remedies. 

Though the law's provisions would have benefitted ordinary labourers, there was no explicit reference to tea workers, raising the possibility that they were not allowed to use these facilities. The majority of them are uneducated and ignorant of their rights, which is the primary cause. 

Several laws, including the Bangladesh Tea Workers' Welfare Fund Ordinance of 1986 and the Bangladesh Labour Act of 2006, aim to protect tea workers, but their implementation remains weak. 

Corruption and middlemen further complicate the situation, denying workers their basic rights. Poor transportation infrastructure in tea-growing regions adds to their challenges, along with discrimination based on language, culture, and socio-economic status.

Addressing the rights of tea workers requires comprehensive action. Proper enforcement of the Bangladesh Labour Act, 2006 could offer a solution. 

Key provisions include setting a fair minimum wage, ensuring weekly holidays, fostering cooperation between employers and workers, protecting female workers with maternity leave, and providing primary education for workers' children. 

Ensuring the rights of tea workers poses several challenges that must be addressed. It is feasible to provide people with their fundamental human rights by adopting some common measures, such as the appropriate application of the Bangladesh Labor Act, 2006. 

The main provisions of the act that must be adhered to are the following: a suitable minimum wage, required weekly holidays, collaboration between employers and workers, safety for female workers and permitting maternity leave, removal of provident fund disbursements, requirement for primary education for the children of tea workers and guaranteeing their inclusion in the quota system, provision of adequate housing, environment, medical, and transportation facilities. 

The government must acknowledge the struggles of tea workers for a just working environment if tea exports and economic growth are to both soar to new heights.

Rabeya Bashri Ratri is a student at the Department of Law and Human Rights, University of Asia Pacific.

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.