Introduction

Employee labor rights were introduced to safeguard employees. Labor rights are a collection of concepts
concerned with equality and justice. The labor rights principles are based on the idea of living a life free
of fear, harassment, and discrimination, and of labors exercising all of their rights. It handles a variety of
working concerns, such as the number of hours worked, salaries, and unemployment benefits. It is
critical to understand fundamental workplace laws and regulations in the event that a situation occurs
that violates employee labor rights. Labor rights such as freedom of association, the right to strike, the
prohibition of slavery, and the right to fair and reasonable working conditions are critical.

When companies treat their employees with dignity and respect, the workplace may become a place of
self-actualization. When employees are mistreated and their rights are not respected, it may have a
detrimental influence on society and cause problems in the country's economic situation. Employees
have rights that protect them in every work situation. These rights include equitable working hours,
lunch and leave breaks, working in a healthy atmosphere, and salary rates. If any of these rights are
violated, workers have the right to speak up and demand their rights under the Labor Law Act.

What are labor rights?

Labor rights, often known as workers' rights, are a set of legal rights and asserted human rights
concerning labor interactions between employees and their employers, which are typically achieved
through labor and employment legislation. In general, these arguments about workers' rights are about
negotiating wages, benefits, and safe working conditions. The ability to unionize is one of the most
important of these rights. Unions use collective bargaining and strike action to raise the pay of its
members and otherwise improve their working conditions. Labor rights can also take the form of worker
control and self-management, in which workers have a democratic role in decision-making and policy-
making.

There are various labor rights accessible in Bangladesh, and we will cover four of them: -
1- Wages: - Previously, gratuity on discharge was not included in wages, but the new law incorporates
it as part of the salary. The term 'gratuity' has also been defined for the first time in a legislation
(Section 2(10), where it is defined as the sum of earnings of at least 30 days' payable to a worker
who worked in a factory for not less than 6 months at the expiration of her/his employment).
Similarly, provident fund is considered wages and is payable within 30 days of the termination of
employment.

2- Working hours and departure: The 2006 Act made little changes to working hours and leave, with the
exception of reducing workday hours to 8 hours per day from 9 hours before, and allowing for a one-
hour lunch break that is not included as part of the working day. In the 2006 Act, the festival holiday was
extended by one day, and sick leave was extended to include full average salary. The new law extends
maternity leave to sixteen weeks, up from twelve weeks, and shortens the qualifying service time, which
must be completed before receiving benefits, to six months, down from nine months.

3- Safety: The 2006 Act mandates that specific new measures be implemented in all facilities to
guarantee worker safety. These precautions concern, among other things, fire, personal harm caused by
excessive weight carried by a worker, building machine safety, and so forth. Section 72 of the Act
requires the upkeep of all floors, stairwells, and passageways, among other things. Section 74 of the Act
makes it illegal to hire a person to lift, transport, or move any weight that is so heavy that the worker
will be injured. Section 61 of the 2006 Act mandates safety precautions for buildings and machinery.

4- Death benefit: - Provision for death benefits payable to newspaper workers under a Wage Boar
award. The new Act states that if a worker dies after completing three years of continuous employment
with an employer, the worker is entitled to benefits equal to 30 days' pay for each completed year of
service, or six months thereof, or a gratuity, whichever is greater. This bonus will be added to the
worker's other emoluments during retirement.

Labor Law in Bangladesh

Service Rule and Service Policy: The Labor Act of 2006 and its subsequent Rules established
detailed provisions for workers' service rules, policy, identity card, and service book. Section 5
of the Bangladesh Labor Act of 2006 explained the provision regarding appointment and identity
card. This section states that no employer shall employ any worker without first providing that
worker with a letter of appointment, and that every such employed worker shall be provided with
an identity card with a photograph. Sections 6 and 7 state that every employer must provide a
service book for each worker he employs, at his own expense, and that the service book must
include the worker's personal and job-related information.
Provident Fund: Sections 268 to 273 of the Bangladesh Labor Act-2006 and its subsequent
Rules detail the provisions for provident funds. Section-264 states that a private-sector
establishment may establish a provident fund for the benefit of its employees. Subsection-9 of
this Section stated that after one year of service in the establishment constituting the provident
fund, every permanent worker shall subscribe to the fund, every fund, every month, a sum not
less than 7% and not more than 8% of his monthly basic wages, unless otherwise mutually
agreed, and the employer shall contribute to it.
Safety and Security: Section 62 of the Bangladesh Labor Act of 2006 states that every factory
building must have an adequate number of "fire exits," which must be clearly marked in red
letters. There should be a proper fire alarm system in place to alert workers when a fire breaks
out in the factory. During working hours, no factory room may be fastened from the outside in
such a way that it cannot be opened from the inside. Firefighting equipment should be adequate
and effective, and employees should be trained to use it. Section-64 states that only adult male
workers in tight-fitting outfits should be employed to work on moving machinery. Furthermore,
Sections 34 to 40 state that no young person (aged 14 to below 18 years) should be allowed to
work on dangerous machinery. Only young people who have been properly trained can operate
such machinery. They must carry out their responsibilities under the supervision of a well-trained
and knowledgeable individual. Before assigning such a task to a young person, the proper
authority must certify his ability to perform such a task.
Maternity Benefits: Sections 46 and 47 of the Labor Law Act of 2006, as well as the subsequent
Rules, contain detailed provisions regarding maternity benefits and leave. Section 46 states that
every woman employed in an establishment is entitled to, and her employer is obligated to pay,
maternity benefits for the eight weeks preceding the expected day of her delivery and the eight
weeks immediately following the day of her delivery. According to Section 47, any pregnant
woman entitled to maternity benefits under this Act may, on any day, give notice to her
employer, either orally or in writing, that she expects to be confined within the next eight weeks.
Wage Structure: Sections 120 to 124 of the Bangladesh Labor Law Act, 2006, and the
subsequent Rules, have detailed provisions regarding wage and overtime pay. Sections 121 and
122 state that every employer is responsible for the payment of all wages required to be paid
under this act to workers employed by him, and that every person responsible for the payment of
wages under Section-121 shall fix periods, to be known as wage periods, in respect of which
such wages shall be payable, and that no wage period shall exceed one month. Section 123 states
that all workers' wages must be paid before the seventh day.
Compensation for Injury by Accident: Sections 150 to 155 of the Bangladesh Labor Law Act-
2006, as well as the subsequent Rules, contain detailed provisions regarding compensation for
accidental injury. Section 150 states that if a worker sustains personal injury as a result of an
accident occurring during the course of his employment, his employer is obligated to pay
compensation. The employer is not obligated to pay compensation.

Issues Regarding Labor Law in Bangladesh

➢ Safety Concerns: Laborers in Bangladesh are presently confronting a slew of safety concerns. Most
clothing factories, in particular, are unlicensed and dangerous. They also lack any type of emergency
escape and fire distinguishes service. During any type of incident, such as Rana Plaza, Tazreen Fasion, or
if the structure catches fire, the death rate becomes unacceptably high. Again, if the workers begin to
protest, the boss frequently employs goons to knock them down unlawfully. They also use threats and
other types of harassment, as well as dismissing union members.

➢ Salary Issues: Despite generating billions from labor, their salary rate is too low. Even basic human
necessities are out of reach for the majority of people. According to them, the majority of their children
become child laborers by dropping out of school early in order to support them with employment and
cash. They generally labor on a daily basis here, but their employer frequently does not pay them on
time, instead promising to pay them later. The tight rules of the companies are often a factor in wage
difficulties. They reduce the worker's income if he or she misses one day due to illness. Again, there are
no provident funds, and they seldom receive gratuity bonuses to help them live a decent life in the
future.

➢ Women's Rights: The RMG industry is the most promising labor sector in Bangladesh (Readymade
garments). Almost 80% of the workforce are female. Females also work in the home and construction
sectors. These women are frequently harassed by their coworkers and their employers, and they are
frequently unable to file a complaint. Once again, girls are frequently paid less than males. Women are
typically not compensated if they are pregnant and unable to work due to maternity issues.

➢ Child Labor: In order to supplement the family income, parents frequently force their children to
work as well. Here, the employer also assigns them to work since they must pay less to the youngsters
than the average worker.

Here, some examples are,

The Rana Plaza clothing factory collapsed in April 2013. Approximately 1200 workers were murdered
and 2000 workers were injured in this event. The structure houses five garment manufacturers. At the
time, the majority of the individuals in the building worked in the clothing industry. This is regarded as
the deadliest structural breakdown accident in contemporary human history. During the 17-day search
and rescue operation, 2438 individuals were evacuated, more than 1000 people died, and many more
were left with life-altering injuries. The structure was in poor condition and may fall at any time.
Nonetheless, the factory owners pushed the workers to labor in such conditions, resulting in thousands
of dead bodies and injuries.

Despite the fact that the catastrophe occurred six years ago, the victims of Rana Plaza are still not
receiving enough compensation. The compensation for each worker was established at 15 lakh taka,
while the welfare money was collected at around 200 core taka.

It has been 6 years, yet the verdict is still waiting, and the trial is not proceeding as quickly as it should.
Sohel Rana, the plant owner, was sentenced to jail following the four-day event. If Rana and 37 others,
including government officials, are proven personally responsible for the building falling, they would
face the death sentence.

This chapter of this Assignment investigates the inability of all parties engaged in the Bangladesh
garment sector to effectively help the victims of the Rana Plaza collapse in April 2013 and the tragic fire
at the Tazreen Fashions factory in November 2012. Survivors we spoke with say the compensation
they've gotten so far hasn't been enough to cover their medical bills and lost wages; many are still
suffering from their injuries, and the costs are piling up.

The Rana Plaza Donors Trust Fund, led by the International Labor Organization, was established in
January 2014. The fund, which is made up of Bangladesh officials and representatives from the garment
industry (both local and foreign), trade unions, and non-governmental groups, intends to provide a
“systematic and transparent claims process.” It has paid the first installment, which amounts to
approximately 40% of the total compensation payable to each victim, with the remainder to be paid
based on future contributions.

Many foreign shops have contributed to the fund, even those that did not do business with the Rana
Plaza companies. Other retailers related to Rana Plaza, on the other hand, have either not given at all or
have provided only a tiny amount. Human Rights Watch wrote to the firms that had not paid into the
fund in April 2014. Among those who responded, several stated that they had contributed money
directly to NGOs or other victim-supporting organizations rather than the ILO-chaired fund. Others
denied doing business with the Rana Plaza factory or that their suppliers had done so without
authorisation.

While some observers have suggested that the Rana Plaza fund could be a model for future industrial
disaster responses in Bangladesh and elsewhere, and while some aspects of how the fund was
established and managed are indeed worthy of emulation, the fund should not be considered a success
or a model unless and until it is replenished and full compensation is paid to claimants.

Again, On November 2012 another terrible fire incident happened in the Ashulia district of Dhaka,

Bangladesh. The name of the garment factory was Tazreen fashion. At least 117 people were
confirmed dead in the fire & over 200 were injured. It is presumed that the fire incident caused

by short circuits started on the fire ground floor of the nine-story factory. The workers on the

above floor trapped. The fire was able to quickly spread to others floors, complicating

firefighting operations.

The Tazreen Claims Administration Trust (TCA) was created in September 2015 to compensate missing,
permanently disabled, and deceased workers and their families.

Due to the government's incompetence, there has been no substantial progress in the trial after 7 years
of the Tazreen fashion case. Due to a lack of suitable witnesses and the sluggish development of the
trial, the cases are currently pending at the Dhaka First Additional District & Session Judges Court.

The victims were reimbursed slowly, in Tazreen manner, but they were compensated. Tazreen Claims
Administration Trust (TCA) was established to compensate injured, crippled, or deceased workers and
their families.

In addition the long term medical care budget allocated of approximately USD 350,000.

Similar to the Rana Plaza and Tazreen fashions, another issue occurred with KTS clothes. Kts Garments is
a four-story structure located in Chittagong's BSCIC industrial sector. On February 23, at least 55
employees are murdered in a catastrophic fire. It is thought that the cause of the occurrence was a short
circuit. 35 unidentified remains were discovered and buried as unclaimed bodies. When the fire started,
the workers tried to flee, but the main stairs were completely engulfed in flames and there was no
emergency exit. The plant also lacks a fire alarm, which is prohibited by the industrial legislation. As a
result of this tragic catastrophe, 55 employees were murdered.

Many workers perished after jumping out the window to rescue lives. The victims of the injured
individuals were provided medical care, but the dead workers were not compensated.

This case's judgment is likewise pending. As the accused were summoned in 2010 for failing to comply
with the Court's instructions.

The problem of worker safety and working conditions, as well as industrial infrastructure, is raised again
in Kts Garments. The suitors argued that the respondents' failure to charge those responsible for the
deaths, ensure agreement with fire safety measures, and injuries suffered by workers, as well as the
failure of legal bodies to discharge their functions under health and safety, workers' rights, and
environmental laws.

Recommendation to Solve These Issues

Many workers in Bangladesh have become isolated from their rights. However, things and

situations are changing now days. Government has become more aware and stricter about labor

rights. After all labors are the backbones of any industries and it is very important to fulfill their
rights. Some of the recommendations are discussed below to improve and maintain labor rights: -

 Companies buying from Bangladesh manufacturers should undertake frequent factory

inspections to ensure that factories follow company standards of conduct and the
Bangladesh Labor Law.
 Extend factory inspections and labor rights safeguards to the Export Processing Zones.
 Investigate any credible claims of labor inspector corruption and punish those who are
involved.
 Instead of depending solely on the judiciary to resolve disputes, strengthen the labor
department so that it has stronger authority to sanction owners and unions for unfair
labor practices. These should include penalties and other punishments to prevent future
breaches.
 Work with unions and factory owners to guarantee that employees' right to freedom of
association is protected.
 Encourage people to support the formation of autonomous unions and safeguard the safety of
both union members and leaders. Adopt and make public written policies banning
discrimination against employees, such as punishing or terminating employees based on
pregnancy or union membership.
 Press international labor and employer organisations to support full compensation for
employees or relatives of workers murdered or injured in various textile companies.
 As appropriate, provide technical support to ensure that labor inspections conducted by the
Ministry of Labor are comprehensive and transparent, and that they result in successful
regulatory enforcement measures in line with the law.
 Companies should engage with unions and labor rights attorneys to ensure that pricing and
sourcing contracts appropriately represent and integrate the cost of labor, health, and safety
compliance. Such contracts should cover the cost of the minimum wage, overtime payments,
and other legal benefits. It is also necessary to guarantee that workers' rights to organize unions
and negotiate collectively are respected.
 Respond to labor department complaints as soon as possible, and guarantee that workers may
communicate their concerns without fear of harassment from managers and supervisors. It is
also critical to direct the police to properly investigate allegations of physical assaults and
identify perpetrators.
 Conduct effective and fair investigations into any claims of maltreatment of workers, including
beatings, threats, and other abuses, and punish those guilty. Develop and implement a strategy
to increase the number of government labor, fire, and building inspectors, enhance their
training, develop clear processes for independent and credible inspections, and boost the
resources available to them to perform successful inspections.
 Establish an efficient complaint process so that workers may report violations of safety
standards and workers' rights without fear of reprisal.
Conclusion

To safeguard employees, the Labor Rights Act was enacted. An employee needs equality, fairness,
security, and justice as a worker. Furthermore, an employee's rights include a safe working
environment, regulated working hours, and fair pay. One of the most fundamental of these rights is the
ability to organize a union. Unions use collective bargaining and industrial action to raise their members'
pay and generally improve their working conditions. Labor rights can also take the form of worker
control and self-management, in which employees have a democratic voice in decision and policy
making. Workers in Bangladesh are dying on the job, are subjected to sexual harassment, are paid
unfairly, and work in hazardous conditions. Many sad occurrences are recalled by the Rana Plaza or
Tarzeen Fashion cases. Many people perished on the scene, while many more lost their capacity to
work. Some efforts should be made to keep the personnel in good condition. International labor
standards, where appropriate, give technical support to guarantee that labor inspections conducted by
the Ministry of Labor are comprehensive and transparent, and result in successful regulatory
enforcement measures in line with the law.

The Bangladesh government should conduct effective and fair investigations into all complaints of
worker abuse, including pay violations, unsafe working conditions, and unsanitary conditions.
Companies should consult with unions and labor rights attorneys to ensure that pricing and sourcing
contracts appropriately reflect and corporate labor rights.
References

✓ Blast (Bangladesh Legal Aid & Services Trust),

https://www.blast.org.bd/issues/justice/229

✓ Bbc News, Rana Plaza collapse: Sohel Rana jailed for corruption,

https://www.bbc.com/news/world-asia-41082448

✓ C&A Foundation, Tazreen compensation finalized,

https://www.candafoundation.org/latest/news/2016/07/tazreen-compensation-finalised

✓ Definitions, Labor Rights,

https://www.definitions.net/definition/LABOR+RIGHTS?fbclid=IwAR2PfCf-
FErphe6i96ANBc4xucuxlDOXxAx8iwBosJIJkvsM0Vi8yypR3A

✓ Bdnews24, Staff Correspondent, 35 workers killed in Kts Garments Fire,

https://bdnews24.com/business/2006/03/02/35-workers-killed-in-kts-garments-fire-buriedunclaimed-
due-to-lack-of-id-cards

✓ The Daily Star, Staff Correspondent, Rana Plaza compensation not adequate:

expert, https://www.thedailystar.net/business/rana-plaza-compensation-not-adequate-expert1395415

✓ Dhaka Tribune, Staff Correspondent, No significant progress in trial six years

after Tazreen Fashions fire,https://www.dhakatribune.com/bangladesh/2018/11/23/nosignificant-

progress-in-trial-six-years-after-tazreen-fashions-fire

✓ Bangladesh Labor Rules 2015,

https://www.academia.edu/30335627/Bangladesh_labor_rules_2015_english_version