Law Opinion
Workers' rights still in darkness
The government of Bangladesh is going to amend the Labour Act-2006 after the series of tragic industrial devastation that arose questions about the countries continued eligibility for generalised system of preferences for the market of United States and European Union, on accounts of its low standard and occupational safety. Meanwhile, a proposed amendment has been drafted which is expected to be finalised by June this year which claims to bring changes for the betterment of the workers. But it is still in vague whether the changes could bring better result for the workers or not?
The changes of the law are the dire need to ensure the workers' rights especially for the Ready Made Garment Sector (RMG) workers. They are being deprived from their legal right as well as their universal human rights which have been prescribed in the United Nations Declaration on Human Rights (UNHR) and International Covenant on Economics, Social and Cultural Rights (ICESCR). According to Article 23 of ICESCR, every worker has the right to work, to free choice of employment, to adjust and favourable conditions of work and to protection against undue unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to adjust and favourable remuneration ensuring for himself and his family an existence worthy of human dignity and supplemented, if necessary, by other means of social protection. The section also indicated the most important right of the workers to form and to join trade unions for the protection of his interests.
Recently the International Labour Organisation (ILO), European Union (EU), United States (US) and several other groups voiced strong concern over labour conditions in Bangladesh after a building collapse killed over thousands factory workers, and said it was considering action to encourage improvements, including the use of its preference system. They have also sought for the workers for joining in the trade union.
Identified by ILO in the Declaration of the Fundamental Principles and Rights at work labour standards are widely recognised to be particular importance. They are universally applicable, regardless of whether the relevant conditions have been ratified, the level of development of a country or cultural values. These standards are composed of qualitative, not quantitative standards and don't establish a particular level of working conditions, wages or health and safety standards. They are not intended to undermine the comparative advantage that developing countries may hold. Labour standards are important human rights and are recognised in widely ratified human rights instruments including the Convention on the Rights of the Child (CROC), the most widely ratified human rights treaty with 193 parties, and the International Covenant on Civil and Political Right (ICCPR) with 160 parties.
But no Government of Bangladesh is aware about the standards of labours. Another cause of not maintaining the standards of labour are the World Banks famous 'Ease of Doing Business Index' widely used to improve business conditions around the world. Here it is mentioned that environmental regulations is not explicitly mentioned in the 'Ease of Doing Business Index'. This encourages the movement of polluting industries to the developing world where environmental regulations are much weaker, and even when those regulations are on the books they are not adequately enforced.
The proposed amendment could not ensure the workers expectation fully reflected as the new law suggests a four-month maternity leave while all government and private office employees enjoy for 6 months. Another black provision is to be inserted in the proposed amendment Act-2013 is that the owners are empowered to terminate the workers contract for leave of absence upwards of ten days without notice. Under such circumstances, workers are not entitled to any compensation for termination of their contracts. The owners will be also empowered to terminate workers for arson, vandalism and obstruction to work. These provisions are going to be inserted in the proposed amend to curtail the right of the workers to movement against the irregularities of the owners.
The provision of retrenchment of the workers which has been stated in section 20 of the existing Labour Act, 2006, must be amended for the interest of the workers. Here the section says that a worker employed in an establishment may be retrenched from service on the ground of redundancy. It can be consider as a comical section added for only the interest of the owners! The amended law also includes a new clause having a welfare board and welfare fund instead of the previous 5% profit share of workers. It will contravene the interest of workers because welfare fund and profit is completely different thing. The experts expressed their deep concerns over the provision of 5% profit sharing cancellation in the labour law that would go against the interest of the workers.
Though there are some positive changes of the proposed amendment are inserted as instances Labour Department does not need to inform owners for trade union registration and permanent healthcare centre for 5000 strong companies. These two provisions are the hope, if they are implemented properly in the factories or industries. Recognising the workers right with due respect, the government should enhance the prosperity of the industrial sectors especially in the RMG sector. It should kept in mind that Bangladesh Textile story is often been cited as a great success of globalisation, and of the reasons for national progress over last two decades. So think seriously about the sector, please!
The writer is a student of law, University of Rajshahi.
For all latest news, follow The Daily Star's Google News channel.
Comments