Bangladesh Action Plan
Presented By : Dr. Syed Abul Ehsan
Joint Inspector General (Admin & Development)

Department of Inspection for Factories& Establishments

Presentation Outline• Introduction to Bangladesh• Overview of labour rights and Labour Laws in Bangladesh (1881-2015)• Constitutional Scheme•

ILO Core Conventions and Bangladesh• Background of BAP• Government inspections for Labour, fire and building standards• Readymade Garment(RMG/Knitwear Sector)• Export Processing Zones(EPZs)• OSH Related Policy and Laws Of Bangladesh

The Geographic Location of BangladeshIntroduction to Bangladesh• Bangladesh emerged as an Independent nation through ahistoric war in 1971 under the supreme leadership ofFather of the nation Bangabandhu Sheikh Mujibur
Rahman.
• The total area of Bangladesh is 1,47,570 sq. km. with apopulation of 163 million. (Source: Bangladesh Economic Review 2016-17)• The total labour force of this country is around 59.5 million
where 41.8 million are male and 17.8 million are female.
(Source: Bangladesh Economic Review 2016-17)

Introduction to Bangladesh (Contd…)• Bangladesh maintained an average GDP growth rate ofover 7% in the last 5 years and the current GDP growth is
7.86%. (Source: Bangladesh Economic Review September-2018)• The per capita income is 1751 USD according to the last
economic review. (Source: Bangladesh Economic Review September-2018)• Bangladesh has a vision to reach the Upper Middle Income
Country status by 2021.

The historic 7th March speech of Bangabandhu Sheikh
Mujibur Rahman as part of the world’s documentary
heritage recognized by UNESCO

National mausoleum

Central Shaheed Minar

Nation pay homage to language
martyrs in central Shaheed Minaron 21 February, 2018

Overview of labour rights
Bangladesh (1881-2015)

and Labour Laws in• The labour law system in Bangladesh is more than a century old• The first labour law was enacted in the Indian sub-continent during
the British period, in 1881
• The British Government introduced the Factories Act (1881),
Workmen's Compensation Act (1923), Trade Unions Act (1926),
Trade Disputes Act (1929), Payment of Wages Act (1936), Maternity
Benefit Act (1939), and the Employment of Children Act (1938)
were remarkable labour laws enacted during the British period• Almost all the laws during the prepartition period were kept inforce with some modifications and amendments, in the form ofadministrative rules, by the Pakistan Government in 1947
• After the independence in 1971, the Bangladesh government
retained the previous laws through the Bangladesh Laws Order(President's Order No. 48)

Continued…..
• Additional laws in response to the changing circumstances and needs ofthe working class and the country• In 2006, the country adopted the revised Bangladesh Labour Law of 2006
as Bangladesh Labour Act (BLA)• The BLA was amended in 2013.
• In 2018 revised BLA has approved in cabinet meeting, right now it is underprocess of parliamentary approval.
• The BLA is fairly comprehensive and progressive• The law is a consolidation and updating of the 25 separate acts
• The comprehensive nature of the law can immediately be gleaned from its
coverage -- conditions of service and employment, youth employment,maternity benefit, health and hygiene, safety, welfare, working hours andleave, wages and payment, workers' compensation for injury, trade unions
and industrial relations, disputes, labour court, workers' participation incompanies profits, regulation of employment and safety of dock workers,
provident funds, apprenticeship, penalty and procedure, administration,
inspection, etc.

Constitutional Scheme Bangladesh was established mainly throughmovement of straggle and labourers
 Between 1947-1971, labour movement wasprominent and established East Pakistan
 Dominance of labour rights are integral part inindependence movement
 Labour rights had been the prime issue in theelection manifesto of Awami league – the present
ruling party
 The dominance of labour rights and human rights
issues are prevalent in the Constitution of
BangladeshContinued…...
 Proclamation of the Independence• “We the elected representatives of the people of Bangladesh,as honour bound by the mandate given to us by the people of
Bangladesh whose will is supreme duly constituted ourselves
into a Constituent Assembly, andhaving held mutual consultations, and in order to ensure forthe people of Bangladesh equality, human dignity and social
justice”
 Preamble of the Constitution“ Further pledging that it shall be a fundamental aim of the Stateto realise through the democratic process a socialist society,free from exploitation a society in which the rule of law,
fundamental human rights and freedom, equality and justice,political, economic and social, will be secured for all citizens”

Continued…..
 Provisions of the Constitution
Article 14: Emancipation of peasants and workers“ It shall be a fundamental responsibility of the State to emancipate
the toiling masses the peasants and workers and backward sectionsof the people from all forms of exploitation”
Article 20: Work as a right and duty
“ (1) Work is a right, a duty and a matter of honour for every citizen
who is capable of working, and everyone shall be paid for his workon the basis of the principle “from each according to his abilities,
to each according to his work”.
(2) The State shall endeavour to create conditions in which, as a
general principle, persons shall not be able to enjoy unearned
incomes, and in which human labour in every form, intellectual andphysical, shall become a fuller expression of creative endeavour andof the human personality”.

Continued…..
Article 34: Prohibition of forced labour(1) All forms of forced labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law.
(2) Nothing in this article shall apply to compulsory labour–(a) by persons undergoing lawful punishment for a criminal offence; or(b) required by any law for public purposes.
Article 38: Freedom of association“ Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions
imposed by law in the interests of morality or public order :Provided that no person shall have the right to form, or be a member of the said association or union, if(a) it is formed for the purposes of destroying the religious, social and communal harmony among thecitizens ;(b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion,
race, caste, sex, place of birth or language ;(c) it is formed for the purposes of organizing terrorist acts or militant activities against the State or the
citizens or any other country ;(d) its formation and objects are inconsistent with the Constitution.”

Continued…..
The labourers can lodge a petition with theHigh Court under article 102 if any workers’
right are violated
The press is independent and therefore, theworkers may invoke them to tell in favour ofthemILO Core Conventions and Bangladesh Bangladesh has ratified 35 International Labour
Conventions
 7 Core Conventions Bangladesh has ratified out of 8 :(1) ILC 29 (Forced Labour)(2) ILC 87 (Freedom of Association and Protection of
the Right to Organize)(3) ILC 98 (Right to Organize and Collective
Bargaining)(4) ILC 100 (Equal Remuneration)(5) ILC 105 (Abolition of Forced Labour)(6) ILC 111 (Discrimination in Employment andOccupation)(7) ILC 182 (Elimination of the Worst Forms of Child
Labour)

Continued………………
Subject

Convention

C087

Freedomofassociation
and C98
collective bargaining
Elimination of all
forms of forced C029
C105
labour
C138
Effective abolition of C182

child labour
Elimination
discrimination
employment

C100

of C111
in

Title












Year of
Ratification

1972
Freedom of Association and Protection of the 1972
Right to Organise, 1948
Right to Organise and Collective Bargaining
Convention, 1949
1972
1972
Forced Labour Convention, 1930
Abolition of Forced Labour Convention, 1957
Not ratified
2001
Minimum Age Convention, 1973

Worst Forms of Child Labour Convention, 1999
Equal Remuneration Convention, 1951
1998
Discrimination (Employment and Occupation) 1972
Convention, 1958

Background of BAP• Suspension of GSP facilities for Bangladesh on
27 June 2013 availing since its inception• GSP provided `Bangladesh Action Plan-2014’
to implement as a precondition for the
restoration of the facilities

4 Pillars of BAP (16 points)
I. Government Inspections for Labor, Fire
and
Building Standards (1-5)
II. Ready Made Garments (RMG)/Knitwear
Sector (6-11)
III. Export Processing Zones (12-14)
IV. Shrimp Processing Sector (15-16)

Government inspections forLabour,fire and building standards
1.
(a)Increase the number of labor, fire and building inspectors
DIFE: Before up gradation of Department of Inspection for Factories andEstablishment (DIFE) total manpower was 314 including
183(factories inspector 103 and shops & establishment inspector80) inspectors
 Upgraded the Department of Inspection for Factories andEstablishment (DIFE) with 993 manpower including 575 inspectors
 A new Organogram with 3380 manpower has already been sent toMinistry of Public Administration.
 Remediation Coordination Cell (RCC) which are solely responsible
for ensuring Fire, Electrical and Structural safety for RMG sectors
has formed with the financial help of ILO.

Government inspections forLabour,fire and building standards
 According to organogram Industrial Safety Unit,
Occupational Safety & Health Institute will
formed.
 Industrial Safety Unit will ensure the safety of allindustry with a dedicated Design Team with theassistance of DIFE enlisted Engineering firms.
 Occupational Safety & Health institute is a
research based academy which mainly deal with
Occupational safety & Disease.

Continued…..
DFSCD:
 Before reform total post for inspectors in the
Department of Fire Service & Civil Defense (FSCD) was
only 50
 Reform conducted in the FSCD with the creation of
218 new posts of warehouse inspectors in the
Department created and the recruitment wascompletedRAJUK:
 There are 48 existing post for inspectors in RAJUK RAJUK selected 91 inspectors and related engineers forappointment subject to the completion of internal
process

Continued…..
(b) Training given to the inspectors
 Trainings have been given to the inspectors and they arecontinues process With the cooperation of ILO, DIFE commenced the foundation
training for inspectors since 16 August, 2015
 Last year Hundred Training Programs were conducted to overthousand participants.

(c) Establish clear procedures for independent andcredible inspections
 There are clear procedures for independent and credible
inspections
 ILO has been working on the issues and concerns

Continued…
(d) To conduct effective inspections in the RMG &knitwear, shrimp sectors, EPZs
The inspections are being carried out pursuant to
the provisions of the laws and administrative
instruction thereto.
(e) Budget allocation
After upgradation of DIFE, the budgetary
allocation has increased. In last five years budgetof DIFE increased immensely it crossed 6 core(2013) to 35 core BDT (2018).
Otherorganizations’ budget has been increased
immensely.

Continued…
2. Increase fines and other sanctions
 There are several provisions in the laws relating
to fire, labour and building safety for failure tocompany with labor, fire or building standards tolevels sufficient to deter future violations
 FSCD, DIFE, RAJUK and other relevant authorities
are implementing the provisions of the laws
 34 factories entirely and 35 factories partiallyhave been closed by the Review panel working
under the National Tripartite Committee (NTC)

Continued…...
3. Plan to assess the structural of building and fire safety of RMG
factories and initiate remedial actions
 Combined together the Accord (1505), the Alliance (893) andNational Initiative (1549) have inspected total 3780 factories .
 34 factories have been closed entirely and 35 factories havebeen partially closed
 19,618 worker are affected due to closure and partial closure of
the RMG factories
 The factories out of the coverage of the assessment have been
invited by DIFE to enlist under the National Initiative Detailed Engineering Assessment (DEA) recommended and enlisted
26 engineering firms and 19 firms for electrical and fire safety aredesignated to do so.

Continued…..
4. Create a publicity accessible database/matrix of all RMG
 The publicly accessible database of all active exportoriented RMG factories on 30 March 2014 under DIFE The website is being updated on a regular basis.
 The Government, with support from ILO, launched a
dedicated, transparent and publicly accessible databaseof all active export-oriented RMG factories on 30 March2014 under DIFE
 Labour Inspection Management System (LIMA) has
already Launched The database contains all the relevant information of thefactories along with report of the assessment, andremediation plan

Continued……
5. Establish directly in consultation with civil society
an effective complaint mechanism

A telephone help line (0800445500) for
workers to make and resolve grievance
relating to workplace safety and rights at DIFE Calls received to be dealt with DIFE, FSCD or
Department of Labour (DoL) In the initial phase, the help line targets ready-madegarment workers in the Ashulia area and later in theother areas

II. Readymade Garment(RMG/Knitwear Sector
6. Reform of Lawa) Implementing Rules
 More than 26 labour related laws was amalgamated and the Bangladesh
Labour Act (BLA) 2006 was made
 There is no precedence for such Rules to the BLA
 The Rules to the BLA are applicable for 27 sectors
 The Rules to the Bangladesh Labour Act (BLA) was drafted and widely consultedamong the relevant stakeholders
The Draft Rules was sent to the Ministry of Law, Justice and Parliament Affairs for vetting on 18
June 2015
The Law Ministry has been working on the Draft Rules
After vetting the Rules will be published in the official Gazette.

(b) EPZ Law

A comprehensive “Bangladesh EPZ Labour Act, 2014”, has been drafted, and in principle approvedby the Cabinet
The law will be sent to the Parliament though final cabinet approvalContinued…….
7. Registration of trade union and complaints
 Registration of 333 unions after amended of BLA
 Launching of an on-line registration system officially for
trade unions and trade union federations in April 2015
 Protection of Labour unions and their members by thevarious provisions of the amended BLA
 January and June 2015, the DoL received the complaints
and it settled 179 complaints and lodged five criminalcases
 A dedicated telephone help line (0800445500) for
workers to make and resolve grievance relating toworkplace safety and rights

Continued……
8. Publicly report information on the status and final
outcomes of individual union registration applications• An on-line registration system for trade unions and tradeunion federations was officially launched by DoL with thesupport of ILO in April 2015
• Labour unions and their members are protected throughvarious provisions of the amended Labour Act• According to the Labour Act, the Department of Labour
received the complaints and dealt with them in due time.
• Between January and June 2015, a total number of 184
complaints had been brought before the Department ofLabour, all of them had been investigated, 179 settled and five
had been filed as criminal cases.

Continued…..
9.
(a) Registration of NGOs (BCWS and SAFE)
Bangladesh Center for Worker Solidarity (BCWS) and Social
Activities for the Environment (SAFE) are continuing theiroperation since August 2013.
b) Drop or expeditiously resolve pending criminal
chargesagainst labor activists
As of date, all charges (9 cases) against Babul Aktar andKalpona Aktar have been withdrawn(c) Aminul Islam case
Charge sheet against Mustafizur Rahman has been filed andin-absentia trial of the Aminul Islam case has commenced.

Continued…..
10. Publicly report on the database /matrix identified
above or anti-union discrimination
 DoL and DIFE received the complaints and dealt withthem in due time Between January and June 2015, a total number of 184
complaints had been brought before the Departmentof Labour, all of them had been investigated, 179
settled and five had been filed as criminal cases.
 A process is ongoing to set up a dispute settlement andmediation system with the Department of Labour to help
address anti-union discrimination and terminations.
 A pilot hotline/telephone service has been launched toaddress labour disputes and grievance related issues.

Continued…..
11. Training of Industrial Police The Ministry of Home Affairs regularly organizes
training programmes for industrial police The training programmes include training oftrainers, in-service training for industrial police,
basic training for industrial police, fire
extinguishingandmanagement
course,photography and videography course, training on
accounting, orientation course etc as well as
Bangladesh Labour Act, Geneva Convention, UN
Human Right Charter and other issues relevant toindustry and labour.

III. Export Processing Zones(EPZs)
12. Repeal or commit to a timeline for
expeditiously bringing the EPZ law into
conformity with international standards
A comprehensive “Bangladesh EPZ Labour
Act’’ has approved in cabinet and it is underprocess of parliamentary approval.
The Draft law is expected to be vetted by the
Ministry of Law
The Draft Law to be sent to the Parliament
though final cabinet approvalContinued…..
13. Assurance the protection of EPZ workers’
freedom of association including prohibiting
blacklisting befor the new law
 There is no report of any blacklisting since early2013 Since 1 January 2014, they have been allowed theright to strike in EPZs
 More than 220 WWAs have already been
constitued with the rights to collective bargaining An aggrieved worker has full freedom to go EPZ
Labor Tribunals and EPZ Labor Appellate Tribunal.

Continued…..
14. The enforcement of the existing EPZ law and that require the sameinspections standards and procedures as in the rest of the RMG sector
 Authority of the Executive Chairman of BEPZA in the EWWAIR Act, 2010
have been reduced by delegating some of the responsibility to the headsof each EPZ
 BEPZA has established a fund and is implementing “Constitution andOperation Procedure of EPZ Workers’ Welfare Fund-2012” in accordancewith the EWWAIR Act, 2010
 BEPZA has appointed 3 Conciliators and 3 Arbitrators for the resolution of
disputes and legal supports
 8 labour courts for eight export processing zones and one appellate
tribute for settling labour-related disputes in EPZs
 114 labour cases have been filed in those courts and among those 42 havebeen settled by the courts and the others are awaiting to be settled
 The respective law has respective jurisdiction

Continued…..
15. Publicly report on anti-union discrimination or otherunfair labor practice complaints
 Online trade union registration system with the
Department of Labour The industrial disputes to be resolved under alternate
dispute resolution
 A process is ongoing to set up a dispute settlement andmediation system with the Department of Labour to help
address anti-union discrimination and terminations.
 A pilot hotline/telephone service has been launched toaddress labour disputes and grievance related issues.
 An online registration process and electronic databaseestablished within the Department of Labour is helping
facilitate trade union registration and transparency

OSH Policy 2013: Major Issues• Necessary measures to ensure workplace safety andhealth protection in light of international Conventions(Article 3.a.1).
• To implement national laws and regulations in relation
with workplace safety and occupational health (Article
3.a.2).
• Inclusion of OSH issues in the policies and programs of all
related Ministries and agencies (Art. 4.a.13).

OSH Policy 2013: Major Issues (Contd…)• Establish labour courts in the industrial zone as theworkers and trade unions can have easy access to thecourts for implementing the mandatory provisions of OSH(Art. 4.a.15).
• Impose mandatory terms and conditions upon theConstruction agencies to follow the OSH polices during
govt. run construction works (Art. 4.a.22).

The Bangladesh Labour Act 2006 : Major
Provisions Related with OSH•

No child shall be employed or permitted to work in any occupation
or establishment and No adolescent shall be employed or
permitted to work in 38 hazardous sectors. Adolescent shall be
employed in other working areas with certificate of fitness.

• Every woman worker shall be entitled to maternity benefit.
• Another Five (5) chapters of BLA describe the health, hygiene,Safety ,Compensation for Injury caused by Accidents and Welfare
Measures.

Sector wise accident for OSH issues

Status of workplace accident in Bangladesh (Formal Sector) (Source: DIFE)
Year/number
Injured
Dead
Total

2015
334
77
411

2016
229
165
394

2017
591
116
707

No of dead person in Bangladesh of OSH related accident (Bothinformal and formal sector) (source: OSHE Foundation)
Year
Dead

2014
465

2015
951

2016
1240

2017
1242

Sector wise accident for OSH issues (Contd…)
Sector wise dead person in Bangladesh of OSH related accident(Both informal and formal sector) (source: OSHE Foundation)

Othersdaily labour

sectoragriculture

2017

Garments

2016

Transport
Construction
0

100

200

300

400

Number of dead workers

500

600

for the patient hearing

THANKS