The peril of domestic workers in Bangladesh

A shocking news story took Bangladesh by storm in October 2024 when thirteen-year-old Kolpana was rescued from her employer’s house. Her rescue years later ignited a media frenzy with the general public expressing shock and horror at the extent of her injuries. The young girl’s harrowing account of abuse and isolation sheds light on a particularly vulnerable demographic of the workforce of domestic workers. In that light, a question arises as to why a culture of vulnerability exists around them, and perhaps an analysis of our legal system can shed light on the answer.

Despite the substantial workforce, our law remains surprisingly silent regarding the rights of these workers. The Domestic Workers Protection and Welfare Policy (2015) was an attempt to rectify this situation. However, the Policy failed to clearly define necessary terms or create a feasible system, and as a result, a High Court Division bench even went as far as to deem it ‘vague’ and ‘incomplete’.

The Bangladesh Labour Act, 2006 only last year included ‘domestic workers’ within the definition of workers. In cases of serious abuse, e.g., torture or death, the Penal Code, 1860 and other special criminal laws may be applied. However, these laws do not address certain situations such as discrimination or occupational safety and health violations. It is not enough that domestic workers simply be included in existing Acts, but rather, I would argue that separate legislation is needed. This is primarily due to the social nature of domestic work and the vulnerable backgrounds of the workers.

Furthermore, the large imbalance in power between the worker and the employer is unlike most others. A report by Bangladeshi Ovibashi Mohila Sramik Association (BOMSA) states that about 80 percent of the permanent domestic helpers are minor girl children. Fueled by hopes of a better future, these children are sent to homes within urban regions, but the cruel reality is that these children are denied education, access to adequate healthcare and other basic rights. Adult domestic workers are in similar precarious situations in that they often lack education, and employers often capitalise on their vulnerabilities. In fact, full-time housemaids are said to work anywhere from 8 hours up to 15 hours a day. From age to economical background, these workers are at a disadvantage and require a specific sort of legal protection.

When it comes to such specific legislation, Bangladesh may look to other countries for inspiration or guidance. For example, the Philippines, similar to Bangladesh, relies heavily on domestic work, but in contrast, the Philippines has advanced miles ahead in terms of rights for domestic workers. The Domestic Workers Act is a landmark piece of labour and social legislation that extends labour rights, benefits, and protection to an estimated 1.9 million domestic workers in the Philippines. It covers a range of jobs including persons performing general household work, it sets the minimum age of employment to fifteen, and mandates that the employer shall safeguard the health and safety of the domestic worker in accordance with law in addition to the rights and privileges accorded to workers including the right to education and training, access to outside communication and the guarantee of privacy among others. Brazil is another interesting case as a 2013 Constitutional Amendment allowed domestic workers all fundamental labour rights guaranteed to a typical employee, such as extra pay for night-shift work, family bonuses, severance pay, indemnity fund system (FGTS), and occupational accident insurance, a large stride forward in terms of social protection legislation.

The fabric of society is built upon its citizens, and as such, the law cannot remain blind to the needs and rights of a particularly vulnerable and vast swathe. Simply roping in such a large, unseen group of people into a law not intended for them is not an adequate solution to uphold Bangladesh’s constitutional and international obligations. Instead, new specific legislation is necessary, and the lawmakers must focus on social protection and creating an equitable legal framework.

The writer is official contributor at the Law & Our Rights, The Daily Star, and student of Department of Law, University of Dhaka.