The draft of Bangladesh Labour (Amendment) Act, 2018 aims to make
labour law worker-friendly while regulating the conduct of workers and
owners in compliance with the standards of International Labour
Organization (ILO). In the proposal, 2 new sections, 4 sub sections and 8
clauses have been added, 6 sub-sections have been repealed and reform
in 41 sections have been proposed. After the Rana Plaza collapse,
Bangladesh had to raise its standard of labour law to international
standards in order to obtain the GSP plus status in the European Market.
The proposed amendment attempts to fulfill these conditions by a
margin.
Under this amendment, the government, after consultations with
different stake-holders, has proposed to reduce the minimum support
needed to form a trade union to 20 percent from 30 percent stipulated by
the existing law. But the ILO Convention prescribes that even if only
10 workers want to form a trade union, they have to be granted
permission. The proposed provision in this regard is not consistent with
the ILO conventions. Moreover, the draft prescribes that a worker of an
industry can be a member of only one trade union and in case of dual
membership, the new law suggested one month imprisonment. The proposed
amendment also curtails discretionary power of the Director General of
the labour department in cancelling registration of a trade union. In
the existing law, to form a trade union, the workers from the informal
sector need identity card whereas there is no authority to provide them
with one.
The proposed amendment does not bring any good news for the domestic
workers who are the most neglected ones in the country. According to the
proposed amendment, the government would prepare a standard operating
procedure (SOP) for registration of the labour organizations. A labour
organization would apply for registration in specific form and the
Director General of the Labour Directorate would resolve the application
within 55 days. Previously the time period was 60 days.
The draft has also incorporated tougher provisions to prohibit
misconducts on the part of owners and workers. A worker or owner would
get one year imprisonment or penalty of Taka 10,000 or both for any
misconduct including violation of the law. The law suggested punitive
actions for workers' acts that include mounting undue pressure, threat
or physical assault to compel the owners to sign any agreement,
disrupting power, gas or water supplies and unlawful shutdowns.
According to the proposed amendment, to organise a strike, the
workers also have to notify the employers 21 days prior to the day of
such event. Then the entire process of strike would require a long
bureaucratic process which can definitely create a bar to legitimate
strikes. In the existing law, there is provision for one year
imprisonment, five thousand Taka fine or both in case of participation
in any illegal strike or lock-out. In the proposed amendment Act, the
punishment has been decreased to 6 months imprisonment. Under the
existing law, there is a provision for a resting room. In the proposed
amendment, along with a resting room, a new requirement of dining room
has also been added if there are more than 25 workers in the factory.
According to proposed amendment, expectant mothers would mandatorily
be entitled to get eight weeks maternity leave and other benefits within
three days of submission of necessary of documents. An owner may face
penalty of Taka 25,000 on charge of depriving an expectant mother from
maternity leave. Under the existing law, a child can be employed for
light work on condition that it would not be harmful to his health and
his education would not be hampered. The draft seeks total ban on child
labour in factories. At the same time the law prohibited engagement of
children and physically challenged persons in any risky job.
Writer : Md Azhar Uddin Bhuiyan (the daily star)
0 Comments