COVID-19 Impacts on Workers of Chattogram in Bangladesh: An Analysis

MD, HASAN ALI JOY

ID: 21354005

MASTER OF LAWS IN HUMAN RIGHTS

CHITTAGONG INDEPENDENT UNIVERSITY

2022
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COVID-19 Impacts on Workers of Chattogram in Bangladesh: An Analysis

MD, HASAN ALI JOY

ID; 21354005

A Dissertation submitted to the School of Law in Fulfillment the requirements for

the degree of Master of Laws in Human Rights

CHITTAGONG INDEPENDENT UNIVERSITY

2
 PERMISSION TO USE

In presenting this thesis in fulfillment of the requirements for the award of LL.M in Human
Rights from Chittagong Independent University, I agree that University Library may make it
freely available for inspection. I further agree that permission for copying of this thesis in any
manner, either in whole or in part, for the scholarly purpose may be granted by my supervisor(s)
or, in their absence, by the Dean, School of Law. It is understood that any copying, or
publication, or use of this thesis or parts thereof for financial gain shall not be allowed without
my written permission. It is also understood that due recognition shall be given to me and to the
Chittagong Independent University for any scholarly use, which may be made of any material
from this thesis. Request for permission to copy or to make use of the material in this thesis, in
whole or in part, should be addressed to:

Assistant Dean

School of Law

Chittagong Independent University

Chittagong, Bangladesh

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 ABSTRACT
Bangladesh’s commitments to promoting employees’ rights devolve from its ratification of
several international treaties, the Constitution and national laws. However, the application of
these laws has been poor and the State’s investment policies have derogated in many cases from
employees’ rights. It will explain in details the Employee Rights and Labour sector of
Khatungonj Chattogram in Bangladesh. Everything about employment law and theirs rights that
you need to know and be aware of. Businessmen and experts have said that if the supply chain of
the country's premier port and largest commodity market Khatugonj do not remain as usual, the
supply of products, including essential commodities, will fall short. Prices of products will surge
unusually too as importers bring goods through the port and most retailers across the country
buy goods from Khatungonj. The government has imposed strict restrictions on the movement of
public transport as part of a countrywide lockdown. The Purpose of the study is to find out the
Labour Law Practices between Local Govt. Organizations and Foreign organizations operating
in Bangladesh and also the impact on COVID-19 pandemic.

An empirical study is conducted to identify the findings. Respondents are from both types of
organizations. But in some aspects local organizations have done well in terms of Labor sector
practices within the organizations. The government has to ensure an uninterrupted supply chain
while maintaining the safety of labours, drivers and helpers. Learning from the experiences of
other affected countries, that have managed to de-bottleneck their supply chains, we have to act.
The study will open the new avenue of research in the field of employee rights and workers in
Bangladesh. The primary data were collected through in-depth interviews, focus group
discussion and key informant interviews. The findings revealed that COVID-19 implicated
detrimental consequences in terms of health, safety and security, and social relations. The
workers also faced a livelihood crisis as their earnings were curtailed. Overall, the existing
literature mostly focused on economic perspectives during pandemic situation. Having
inadequate health care systems and poor socio-economic infrastructure, Bangladesh has been
braving to contain the impact of current COVID-19 pandemic since March, 2020. To curb the
diffusion of COVID-19, the local government has responded to the outbreak by enforcing a set of
restricted measures on economic and social activities across the country.

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Keyword: COVID-19, Labour workers, Khatungonj Chattogram, Chattogram Port, Lockdown,
Port employees, RMG workers, Loss of Income, Employment, Business, Transport goods,
Employees right, Bangladesh.

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 ACKNOWLEDGEMENT

All praises and salutations are due to Almighty Allah, the Most Glorious and the Most Merciful,
for blessing my life and granting me the wisdom to complete this thesis. My special and
unquantifiable appreciation goes to my distinguished and learned supervisors Mr. Md. Hasnath
Kabir Fahim, Lecturer, School of Law, Chittagong Independent University invaluable
contribution, constructive criticisms, guidance and perseverance throughout the period of writing
this thesis. Their roles contributed immensely to the successful completion of this thesis. I owe
profound gratitude to my friends and teachers of Chittagong Independent University for the
opportunity and support throughout the period of my study. I must not forget to extend my
gratitude to all the participants that participated in this study. They have impacted in multiple
ways to complete this thesis.

My profound gratitude goes to my Honourable parents Mr Haji Md. Zobaer and Mrs Kohinoor
Sultana for their immeasurable love and support. I wish to specially recognize the sacrifice and
encouragement from my beloved brother Mr Md. Noky Ali and Mr Md. Reza Ali for seeing me
through this study and for being patient. I wish to conclude by extending my appreciation to all
those that contributed to the successful completion of this thesis. May Almighty Allah reward
you all in this world and hereinafter. During research period, I achieved a lot of experience
contrary to the theoretical knowledge, some faults or errors may arise as of my electronic
mistake. The proper guidance of my supervisor made it possible for me to ensure this research
paper successfully.

…………………………………………………………

Name: Md. Hasan Ali Joy

ID No: 21354005

Program: LL.M in Human Rights

Semester: Spring 2022

School of Law, Chittagong Independent University

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 DECLARATION OF STUDENT

I hereby declare that I have complete this thesis entirely myself and that it describes my own
research and this dissertation has not been previously submitted for a degree or diploma at any
other higher education institution. To the best of my knowledge and belief the thesis contains no
material previously published or written by another person except where due reference is made.

…………………………………………………………

Name: Md. Hasan Ali Joy

ID No: 21354005

Program: LL.M in Human Rights

Semester: Spring 2022

School of Law, Chittagong Independent University

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 APPROVAL FROM THE SUPERVISOR

This is to certify that the dissertation Impact of COVID-19 on the workers of Chattogram in
Bangladesh is done by Md. Hasan Ali Joy for fulfillment of the requirement for the degree of
LL.M in Human Rights from Chittagong Independent University. The dissertation has been
carried out under my guidance and is a record of the bonafide work carried out successfully.

…………………………………………………

Md. Hasanath Kabir Fahim

Lecturer

School of Law

Chittagong Independent University

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 Table of Contents
Serial No Contents Page No
1-8 Impact of COVID-19 on the workers of Chattogram in 1-36
Bangladesh
1 Permission to Use 3
2 Abstract 4-5
3 Acknowledgement 6
4 Declaration of Student 7
5 Approval From The Supervisor 8
1 CHAPTER-ONE 11
Introduction
1 Introduction 11
2-2.2 CHAPTER-TWO 12-13
Methods and Data Collection
2.1 Study Region: Chattogram 12
2.2 Data Collection 12-13
3-3.11 CHAPTER- THREE 13-24
COVID-19 Impacts on workers of Chattogram
3.1 Introduction 13-15
3.2 Impacts of COVID-19 on Informal Sector in Bangladesh 15-16
3.3 Lockdown and Socio-economic Impact 16-17
3.4 Lockdown and Sustainability 17
3.5 Impacts on Warehouse and Distribution Activities 17-18
3.6 Impacts on Port Employees and Workers 18-19
3.7 Impact on RMG Sector of Chattogram 20-22
3.8 Role of Stakeholders 22
3.9 Labour Conditions in Export Processing Zones 22-23
3.10 Violations of Labour Rights and Women’s Rights in the Construction 23
Sector
3.11 Domestic Workers 24
4 CHAPTER-FOUR 25
Disputes between Workers and Employees at
Workplace
4.1 Cases of Labour Court in Bangladesh 25
5-5.17 CHAPTER-FIVE 26-31
Provisions under Labour Laws of Bangladesh
5.1 Legal Framework 26
5.2 International Commitments 26
5.3 Constitutional Guarantees 26
5.4 Statutory Framework 27
5.5 Working Hour 28

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 5.6 Wages, Safety and Welfare 28
5.7 Termination Procedure 29
5.8 Retirement 29
5.9 Paid and Unpaid Holidays 29
5.10 Non-payment or Late Payment of Wages and Benefits 29-30
5.11 Employee Absence 30
5.12 Dirty Drinking Water and Unsanitary Facilities 30
5.13 Physical Assault 30
5.14 Failure of Government and Company Interventions 31
5.15 Violations of Maternity and Social Welfare Programs 31
5.16 Access to Judiciary: Low Awareness 31
5.17 Safety and Occupational Hazards 32
6 CHAPTER-SIX 33
Recommendation
6.1 Recommendation 33
7 CHAPTER-SEVEN 34
Conclusion
7.1 Conclusion 34
8 CHAPTER-EIGHT 35-36
References

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 Impact of COVID-19 on the workers of Chattogram in Bangladesh

Chapter-One

1. Introduction

In Bangladesh, the COVID-19 patient was first affirmed on 8th March 2020. On 26th March,
considering the rapidity of the virus dispersion, the government decided to implement a
countrywide lockdown. The situation was worst as there was no transport to return from the
villages. It was rapidly reported in various news and public health experts urged that the opening
of such a dense labor-oriented sector will be suicidal during this crucial period of infection.

Supplies from Chittagong port and the country's largest wholesale commodity market
Khatungonj have taken a big hit owing to the shortage of goods carrier vehicles. Transport
workers are declining to drive vehicles amid the coronavirus scare. Following a nationwide
lockdown from Thursday, the supply of goods from Chittagong port fell by more than 80 percent
and over 90 percent from Khatungonj for the shortage of commercial transport vehicles.

The Chittagong Port Authority and Chittagong Custom House have kept their activities running
to keep exports and imports unaffected amid the lockdown. But for a lack of goods carriers,
businessmen are not getting benefits, said Oahidur Rahman, a Khatungonj-based importer. The
shortage of trucks is also harming trade in Chittagong's Khatungonj. Businessmen and experts
have said that if the supply chain of the country's premier port and largest commodity market
Khatugonj do not remain as usual, the supply of products, including essential commodities, will
fall short. Prices of products will surge unusually too as importers bring goods through the port
and most retailers across the country buy goods from Khatungonj. The government has imposed
strict restrictions on the movement of public transport as part of a countrywide lockdown.

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 CHAPTER-TWO

Methods and Data Collection

2.1 Study region – Chattogram

Chattogram is one of the densely populated cities and the second-largest urban areas in
Bangladesh. The city has been playing an essential role in the country's economy and regional
connectivity within the subcontinent. There is a seaport and three export processing zones
(EPZs), namely Chittagong EPZ (CEPZ), Karnaphuli EPZ and Korean EPZ, located in
Chattogram, with thousands of factories. The majority of the residents of Chittagong, especially
those living in the southern part of the city, are day laborers and garment workers, as the three
EPZs are located here. The city witnessed the first COVID case on April 2, 2020 and the first
death on April 9, 2020 (Dhaka Tribune, 2020). Till December 2021, total deaths accounted for
1,332, with 102,271 positive test results (The Business Standard, 2021). Besides health impacts,
the lockdown also impacted employment as well as the economic condition of people around the
world. The shutdown of garments and factories has directly affected, decreased work hours,
bonus payments and other financial issues. Studies show that the average monthly income fell to
its lowest point in April, averaging BDT 5,425 when factories were forced to close for a month
by the government (Hossain et al., 2021). Furthermore, people who do not work in the garment
industry but are associated with it, such as those in the transportation sector, small businessmen,
hawkers and small shop owners, are affected. This made the lives of the lower-income groups in
Chattogram vulnerable. In this study, we have addressed the socioeconomic and mental impacts
of the COVID-19 situation and the lockdown on the poor residents of Chattogram City.

2.2 Data Collection

This study was conducted across Chittagong City, targeting the lower-income group of people;
most of them are garment workers, khatungonj labours, drivers, rickshaw pullers, mechanics, and
daily income earners. Though there are many poor income respondents in the study area we were
capable of taking the responses of only 120 people. Since these groups of people typically have
minimal Internet access, we decided to perform physical interviews at a distance of at least 2
meters.

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For primary data collection, I have conducted field surveys with a group of five people in
Chittagong port area, where most of the residents are garment workers, as well as day laborer,
transport labor. I chose respondents using convenience sampling, which is the most popular
nonprobability sampling technique. I have followed both quantitative and qualitative approaches.
I have collected the sociodemographic data, psychological, livelihood impact and supply of
different services during the COVID phase. This study collected these data through a
questionnaire consisting of questions. The questionnaire was prepared in both English and the
native language of Bangladesh, Bangla and interviewed randomly. The secondary data has been
collected from the “COVID-19 Dynamic Dashboard for Bangladesh and other news, reports,
published articles reviewing existing literature, journals, newsletters and governmental
documents.

CHAPTER- THREE

COVID-19 Impacts on workers of Chattogram

3.1 Introduction

Bangladesh is a densely populated country. The labour sector holds a huge number of workers
who work and live in congested areas. The case of a confirmed patient of COVID-19 was
doubling during the first week of inception. The pandemic situation led to a livelihood crisis all
over the world especially the marginal community; informal workers fell into an extreme crisis
(Chriscaden, 2020; Mustajib, 2020). In the case of Bangladesh, the economic hit of the COVID-
19 jeopardized the impressive reduction of the poverty rate (Deutsche Welle, 2020). The poverty
and livelihood impact of COVID-19 have two side interruptions: the supply-side and the demand
side. The supply-side shock emanates from the shutdown of economic activities, whereas the
demand-side shock comes from falling exports and supplies. According to a survey by SANEM,
a 25% negative shock on households' expenditure leads to a rise in the poverty rate in
Bangladesh from 20.5% in 2019 to around 41% (Raihan, 2020). However, as the labour sector of
Khatungonj in Chittagong encompasses a lion's share of economic activities and employs 2
million workers, there are complex implications of the COVID-19 situation on labour workers.
Most of the respondents admired that they faced less or more livelihood crises during the
situation. One of the respondents shared that,

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 “I could not pay house rent, and shopping bills due in the previous months as the mills
was closed and we did not earn regular wages except basic income”(Personal
correspondence, 19 October 2020).

The livelihood challenges identified by researchers are the inability to manage daily expenditure,
house rent, and foodstuffs. In addition, using monthly savings and borrowing from informal
sources are also identified. The supply-side shock disrupted the availability of commodities
during the lockdown. As a result, the price of several products was increased and it became
challenging for labour workers to manage the expenditures with their limited earnings. In this
situation, the expenditure theme became "Budget of survival" (Deutsche Welle, 2020).

When interviewing Md. Abdul Mannan, President of Chittagong District Covered Van and Mini
Truck Owners Group and Goods Transport Owners Federation told,

"Around 8,000-10,000 vehicles carrying goods – mainly trucks, covered vans, and lorries
would leave Chittagong port and Khatungonj for other parts of the country. The number
fell to 500 to 400 in the last two days. The drivers and helpers are refusing to run the
vehicles. Almost all the vehicles are lying idle. At the same time, long-distance drivers
who need to take a break on the way are declining to work. This is because everything
has been closed, including shops and roadside tea stalls. Those who agree to do the work
want double their wages."

Port sources said 5,000 trucks, covered vans and Lorries enter the port for goods delivery and
shipment every day. On Friday and Saturday, only 1,423 and 326 TEUs (twenty-foot equivalent
units) containers were delivered, which figure had been 3,873 on average the previous week.
Every day around 500 trucks leave Khatungonj with goods for other parts of the country. But the
normally bustling market has thinned out owing to shortages of goods carrying vehicles.

Syed Chhogir Ahmed, general secretary of Khatungonj Trade and Industries Association said,

"The usual daily transaction at the market is around Tk2,500 crore. But now it is
fluctuating between Tk200 and Tk150 crore as we cannot deliver goods. Plus, at the
beginning the government only allowed grocers to keep their shops open. Later they also

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 allowed us to do the same but now we are facing a crisis of goods transportation. We
hope the administration will work out a solution soon by sitting with transport owners."

Meanwhile, businessmen have said that fares for trucks and covered vans have almost doubled as
there are not enough commercial transport vehicles for carrying goods. The truck fare from
Chittagong to Dhaka, which was Tk12, 000 to Tk13, 000, has jumped to Tk28, 000. For carrying
goods from Chittagong to such northern areas of the country as Dinajpur, the truck fare was
Tk18,000. But it is anywhere from Tk32, 000 to Tk36, 000 now. The fare of a covered van from
Chittagong to Dhaka, which was between Tk16, 000 and Tk18, 000, has now shot up to between
Tk30,000 and Tk32,000, according to businessmen and the Goods Transport Owners Federation.

There is over 160 tea estates in Bangladesh, producing around 63.85 million kilograms of tea of
tea per year, most of which is consumed domestically. Bangladesh is the 10th largest producer of
tea in the world. Tea is the second largest export oriented cash crop of Bangladesh. The industry
accounts for 1 percent of national GDP. Tea-producing districts include Sylhet, Maulvi Bazar,
Habiganj, Brahmanbaria, Rangamati, Chittagong and Panchagarh. More than 300,000 plantation
workers are employed in Bangladeshi tea gardens, and 75 percent are women.

3.2 Impacts of COVID-19 on Informal Sector in Bangladesh

The COVID –19 pandemics disrupted workers livelihood opportunities in Bangladesh's

informal sector, including their socioeconomic, physiological, psychological and cultural
correlations. Lockdown and quarantine interventions abruptly altered their employment
contracts, social security and job requirements, rather than expanding their leisure horizons,
such as visiting their hometown during religious festivals, participating in family programs or
hanging out weekly. Furthermore, employees in the informal sector became ill as a result of
COVID-19 and developed minor complications after recovery.

Specifically, the analysis aims to identify the danger and fragility that arose from the
emergence of COVID-19 via an exploratory study so that policymakers can enact
protective measures for this vulnerable population, which makes up the majority of the country's
labor force. The situation of the informal workers' jobs before and after the pandemic is
very different, as they have to change their profession and job institution many times. Their
happiness, jobs and productivity, putting them at risk of falling into poverty. Since they are

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involved in the income-generating process and more than half of their children's respondents
have no interest in education. The health service was disrupted in the first quartile of the
pandemic, out of the three quartiles listed. The lockout imposed by COVID-19 has disrupted the
usual rhythm of family relationships by not ensuring that basic needs are met.

IN Bangladesh, home-based workers are generally tailors, handicrafts workers, Kerchupi10,

handloom artisans, agricultural workers, parlour workers etc. The reasons why women take up
home based work are varied: some do not have enough time to take up other kinds of work and
prefer the flexibility that home based work offers, some do not have permission from family
members to work outside their homes or some are scared to go work outside of house. Women
working in Bangladesh are more likely to be engaged in the informal sector than the formal one,
as there is a lack of formal sector job opportunities in Bangladesh. The most rapidly expanding
sector that employs women is the garments sector, where the majority of women employed in the
formal sector are engaged.

3.3 Lockdown and Socio-economic Impact

The effect of the COVID pandemic on the poor is increasing day by day, owing to job losses and
other income shocks and diminished livelihoods. Poor households and those who rely on
informal jobs are among the most disadvantaged members of society. The urban areas around the
world have become the epicenter of this COVID pandemic. The long-term lockdown has caused
serious economic loss to the city and disrupted the normal life of the people. Reduction of
earning opportunities has significantly affected the ability of people to buy foods, travel
restrictions have profoundly impacted the supply of fresh food, and the strict restrictions have
had high costs for many (Sakamoto et al., 2020).

The lower-income groups, especially slum dwellers are the biggest sufferer of this pandemic.
This study assessed the socioeconomic impacts of the COVID-19 outbreaks on the livelihood of
the poor income groups of Chittagong City, where most of the people are garment workers. The
immediate effect for those who had employment was that they were lost. The closing of the
garment factories meant that those who had previously worked there were not compensated.
Many who relied on petty trading were unable to do so any longer in addition to being physically
prevented from trading, there were no buyers.

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According to (Bodrud-Doza et al. 2020), many middle and lower-income people in Bangladesh
lost their jobs and income sources during the pandemic. (Ibrahim et al. 2020) reported that the
loss of salaries and employment in Bangladesh would further marginalize more than 10 million
people. The three month-long lockdowns made the poor more impoverished. Many slum
dwellers in Chittagong City said they had nothing to eat and some said they hadn't lit their stove
for many days.

This study shows that the financial crisis of the slum dwellers has significantly increased the
stress and affected their livelihood. Analysis shows that the scores of the stress and livelihood
were high to extreme, which indicates the serious impacts of COVID outbreaks and lockdown on
the socioeconomic conditions of the lower-income people. This also increased domestic
violence. Similar livelihood impacts have been illustrated by (Paul et al. 2020) on the lower-
income people across the different cities of Bangladesh.

3.4 Lockdown and Sustainability

COVID-19 poses a serious threat to the attainment of SDGs (Sakamoto et al., 2020; Josephson et
al., 2021) and leads to severe and acute economic losses in many countries (Martin et al., 2020).
When the countries around the world continue to strive to achieve the SDGs by 2030, the
COVID-19 has become a major obstacle to progress. Developing countries are more affected by
this progression than developed countries (Josephson et al., 2021). Bangladesh is no longer an
exception. Bangladesh is one of the high-risk countries during the COVID-19 pandemic due to
several vulnerabilities (Sakamoto et al., 2020). Due to lockdown, the second largest foreign
exchange earning source, garment factories were widely hampered due to the close of imports
and exports, which profoundly affected garment workers, especially the working class. This
study assessed the impacts of COVID-19 outbreaks on lower-income people, especially those
living in the slums beside the CEPZ. The results of this study illustrated the severe
socioeconomic impacts of the COVID-19 outbreaks on the slum dwellers.

3.5 Impacts on Warehouse and Distribution Activities

In recent days, warehouse and distribution activities shifted from a simple transport procedure to
an integrated system based on large distribution centers which include large buildings with
storage, cross-docking, customization, light processing (minor modification/final adjustment)

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and information management (Monios et al. 2018). With the shifting of ports to outer city areas,
much of the distribution activities have moved inland which resulted in less congestion in the
port areas (Monios et al. 2018). Chittagong Port also has had a similar progression in recent days
with 19 Inland Container Depot (ICD) out of port areas.

Full or partial lockdown in many nations affects not only consumer demand but also in the
industries. Consumer demand fell as well as industries were closed. The businessmen practised
hoarding in many cases. Oil prices sharply declined globally, as there was less demand.
Consequently, storing oils by the liquid bulk trader for future price development resulted in a
shortage of storage capacity. Essential bulk goods such as grain (rice, wheat) experienced the
same. Contrary, non-essential bulk cargo export was close to zero. Due to the sales collapse, the
automobile market faced an extremely critical situation. The warehouse became full as the
traders failed to release their new cars.

According to CPA Container Manual, in Chittagong Port, container cargoes are shipped or
released directly through port or ICD for staffing, un-staffing, storage and customs procedure.
Due to the closure of industry during the lockdown period, import cargo unloading became at a
standstill. Besides, limited custom activities and transport shortage cause a record of container
stock at the port yard (Shamsuddin Illius 2020). In response to this situation, the National Board
of Revenue (NBR) issued an official order allowing direct transfer of shipments to private ICDs
from fixed 38 cargoes to all products until June 30 (The Daily Star 2020).

3.6 Impacts on Port Employees and Workers

When the question asked about the impacts on the port employees and workers, most of the
interviewees tabled that COVID-19 had tremendous impacts on the port workers. According to
the medical department, till the 30th of July 2020, almost 500 people were affected by the
COVID-19 and 40 people died due to COVID-19. Thus, the question was asked about measures
taken by the CPA to fight against COVID-19.

According to the marine department, the measures taken by CPA were sufficient. Officials from
VTMIS added that during pandemic CPA reduced human gathering in the port premises. CPA
reduced the paperwork by the implementation of submitting the online document. All the bills
including water bills, tug bills, pilot booking, cancellation and letter from ships were received

18
and distributed via email. According to the traffic department, the reduction of the human
gathering was introduced by distributing the workforce into three groups. In the traffic
department, the 1st group worked for 1 week and went for quarantine, then the second group
worked in the second week, after the second week, the third group worked in the third week and
in the fourth week, the first group came back to work after quarantine. By introducing this
rotation and rostering system, the traffic department reduced the impact of COVID-19 and kept
the port operational.

On the contrary, representatives from the ship agent’s association argued that this rotation system
reduced the efficiency of the port. Besides, the marine department mentioned that, to protect
operational people from infection, they provided personal protective equipment (PPE), sanitizer,
gloves and goggles. Moreover, people were instructed to maintain social distancing. According
to the medical department, CPA started an Isolation Centre and COVID-19 unit to provide
treatment to the COVID-19 patient. Besides, CPA is trying to provide an incentive to the
frontline workers including pilots, tug master and crews to recognize their heroic contribution
during the pandemic situation.

During the initial COVID period, CPA was halted due to container congestion. In this regard,
facilitating container stuffing and unstuffing operation outside of port premises (preferably ICD)
can give a flow in container operation. Besides, custom permits only limited types of import
cargoes through ICD. Allowing all types of import cargoes through ICD can reduce container
congestion significantly. Despite continuous efforts, there are still a lot of paper documentation
requirements for both export and import operation. Process optimization with the help of
atomization and procedural simplification could be the key to system optimization. Chittagong
Port can optimize the vessel call procedures by introducing an online vessel call management
system where the pre-berthing documentation, berthing meeting, vessel scheduling, loading and
unloading schedules could be managed centrally. Besides, extended atomization can be
introduced in port yard operations in all possible segments. These will accelerate the process as
well as increase transparency on the port operation.

Again, due to the limited operation of custom and bank in COVID, the importer could not
complete the lengthy paper process in most cases and was unable to release cargo within the
scheduled time. Furthermore, with the aid of IT-based custom activities and a port community

19
system, the CPA can customize the procedures to further accelerate the efficiency in both export
and import operation. Here, the proposed ‘National Single Window’ (NSW) can be an effective
model. As per the project documentation, NSW described it as the single electronic gateway that
permits traders to submit all import, export and transit documents required by customs and other
key regulatory agencies instead of a complex paper-based procedure. Simultaneously,
introducing an online bank payment system can quicken the process further. CPA is also facing a
continuous shortage of cargo capacity which requires immediate attention. CPA should establish
efficient coordination with transshipment ports to reduce the container congestion on its
premises. In the long run, CPA also has to accelerate all the ongoing and forthcoming
development projects to prepare for the growing demands.

On the other hand, CPA needs to decentralize their dependability on road networks which
currently facilitating the majority of the cargoes. Inland waterways and rail networks should be
improved to versatile the choice of transportation. Establishing ICD based on IWT and rail
networks can attract the respective mode of transportation. Besides, human workforces are
mostly affected in an emergency like a pandemic. CPA’s strategy of work shifting/rotation can
be permanently taken into consideration as an alternative plan. Accordingly, the existing
workforce can be distributed in several groups to create availability as a reserve team in any
situation.

3.7 Impact on RMG Sector of Chattogram

Factory owners were found double standard stance following pandemic measures after granting
the stimulus package. During the ongoing infection while COVID-19-related infections and
death rates are increasing, the BGMEA suddenly declared that garment factories would be re-
opening from 26 April 2020 with the permission of the government so that shipments of
previously ordered clothing items could be completed. RMG workers were reportedly contacted
by the management of the factories and told if they do not return to work they would lose their
jobs as well as any outstanding salary. One of the key informants asserted that,

"The factory owners do not care about workers' health issues. After the Rana plaza
incident, though some of the fire safety and security measures were taken, health issues
did not get attention up to the mark." (Personal correspondence, 8 March, 2022)

20
There is a BGMEA hospital at Seaman’s Hostel area in Chittagong, there is a banner posturing
“Isolation Center”, but no workers were reported to be taken over there. The role of trade unions
in the RMG sector is highly important. Though freedom of association is the constitutional
declaration, RMG workers were found highly restrained to join in a trade union (Sultan, et. al.,
2020). Moreover, during the focused group discussion, they were asked whether they had got
any support from a trade union or any other organization. They were asked what the trade union
was. Surprisingly, most of the workers were unfamiliar with the term "trade union". Though
there are some worker leaders, they are not financially and organizationally competent to assist
workers in the COVID-19 situation. Last but not the least, the role of civil society, NGOs, media
is appreciable. Bangladesh Institute of Labor Studies (BILS), the prominent think tank and NGO
on labor issues in Bangladesh arranged several seminars, dialogues advocating labor rights issues
during COVID-19. Some of the media and social organizations also responded to support
workers during the crisis.

The COVID-19 situation has significant social and psychological implications (Saladino, 2020).
Psychological and social well-being is affected significantly by "stay at home" orders, social
distancing and other safety precautions needed to contain the pandemic (American Psychological
Association, 2020). In this regard, factory and mills workers are more vulnerable as most of the
workers are women (UN WOMEN, 2020). The study also explored that this situation acutely
induces domestic violence, social conflict and endangers family relations. To answer the query, a
respondent smiled and shared,

“My husband is unemployed since lockdown as he is a motor driver, carrying goods in

the local area of Chittagong. As the income shrunk, quarreling mode remained between
us.” (Personal correspondence, 20 February, 2022)

There are some elements related to the pandemic that affect a large portion of the population,
such as separation from loved ones, loss of freedom, uncertainty about the advancement of the
disease, and the feeling of helplessness (Lai et. al., 2020). In this regard, the respondents shared
that they did not face such kinds of problems. But few of the respondents informed that they felt
insomnia. One of the workers shared satisfactory opinion such as,

21
 "Our factory provides masks, checks temperatures, and provides hand sanitizers at the
entry of the factory. Each worker was also provided with an umbrella so that they
maintain distance on the way to the factory."(Personal correspondence, 13 February
2022)

The overall observation is that the Labour workers are sympathetic to each other. They are also
satisfied with minimum livelihood. Thus, their physiological conditions were stable during this
time. But, as most of the respondents were female while the interviewer was a male, due to the
conservative socio-cultural norm, there is a probability of hesitation to share about family life.

3.8 Role of Stakeholders

Related to the RMG sector, the key stakeholders are government, factory owners, trade unions,
NGOs, and the workers. The role of the government is central in this aspect. The other actors are
also important as they participate in various parts of the policy cycle. For example, the factory
owners are dominant stakeholders who have social responsibilities and legal obligations to
maintain Occupational Health and Safety (OHS) measures.

The trade unions are politically mandated by the workers to be the watchdog of their rights and
be their representatives in raising voice against the exploitations. The NGOs and other social
organizations have responsibilities to conduct research, arrange dialogues, and take part in policy
recommendations. To combat the economic and social crises and to ensure the recovery of the
economy, the government has announced 19 stimulus packages accounting for around 3.7% of
the country's GDP (Raihan, 2020). From this package, 50 billion BDT was allocated to export-
oriented RMG industries to pay wages for three months.

3.9 Labour Conditions in Export Processing Zones

Labour conditions in EPZs remain governed by the 1980 Export Processing Zones Act and are
overseen by the Bangladesh Export Processing Zone Authority (BEPZA).6 Workers in EPZs are
not allowed to form trade unions, although they are permitted to form weaker Workers’ Welfare
Associations (WWA), under the 2019 Bangladesh EPZ Labor Act.7 The Bangladesh EPZ
Labour Act was meant to address some of the gaps in the legislative framework concerning
EPZs. However, labour leaders opposed the government’s decision to bring workers of all EPZs

22
under the new law. Labour leaders argued that the move would deprive workers of their
fundamental rights under the BLA and that two types of laws for workers were discriminatory
and in violation of International Labor Organization (ILO) standards, including ILO Conventions
87 and 98. Concerns center primarily on the EPZ Labour Law’s limitations and restrictions in
regard to the exercise of freedom of association and collective bargaining by workers. The EPZ
Law deviates from the BLA notably on two important issues: freedom of association, including
the right to trade unions and labour inspections.

3.10 Violations of Labour Rights and Women’s Rights in the Construction Sector

Workers in Bangladesh’s growing construction sector work in hazardous conditions with very
little or no protection from human and labor rights violations. Although the BNBC stipulates
specific working conditions applicable to the construction sector such as requirements that
anyone working with concrete must wear helmets and gloves, and that construction companies
are to ensure that any open space that may pose any danger or risks of falling from the floors are
to be covered or cordoned off these requirements are often ignored by both construction
companies, who are more interested in ensuring projects are finished quickly and the authorities,
who have shown little interest in enforcing these basic rules.

Work undertaken by construction workers is hard, strenuous, and hazardous and includes
different types of skilled and unskilled work in various trades, such as excavation work,
plumbing, masonry, pile-driving, painting, glaziers, electrical work, metal fabrication, roof
casting, and more. Construction workers mainly work in three positions according to their trade:
head mistri (head mason), mistri (mason), and jogali (helper).

Although accurate and up-to-date statistics on deaths and injuries in the construction sector are
hard to come by, there are indications that the numbers are likely high. Bangladesh’s geographic
particularities, which make the country prone to a variety of natural disasters including cyclones,
floods, and river erosion, have compelled many people, especially those from poorer and
marginalized sections of the society, to migrate from their districts of origin to bigger cities in
order to find work.

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3.11 Child Labor

The Bangladeshi Law states that no children below the age of fourteen should be allowed to
work in any factory. In case a child is above fourteen years of age, he will be allowed to work as
a trainee or if he has received a certification of fitness and government permission that clearly
states his capability to be exposed to a work environment. It is important to note that not all labor
laws in Bangladesh are enforced. For example, child labor is a common practice in Bangladesh,
despite what the law states. It is common to find children as young as six- or seven-years-old
working.

3.12 Domestic Workers

There are around 2 million domestic workers in Bangladesh and most are women and girls. Child
labour is rampant in this kind of work: the ILO estimates that there are 420,000 child domestic
workers in Bangladesh.

There are usually three types of domestic workers: workers who are,

1. Paid wages and living with the employer;

2. Working for food and living with employer; and
3. Contractual workers who live on their own, who work for particular time in a day and who
usually have multiple employers.

The working conditions of domestic workers in Bangladesh are among the most indecent and
exploitative. They do not have weekly leave or sick leave. For many, they can only dream of
earning a living wage, receiving a festival bonus, medical treatment cost, rest time, and even
have their own room in the household. Most of the live-in domestic workers sleep on the floor of
the drawing room. They very frequently experience physical assault, verbal abuse, threats of
being dismissed, stress from overwork and unreasonable amounts of work, mental frustration,
lack of recreation, insecurity etc.

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 CHAPTER-FOUR

Disputes between Workers and Employees at Workplace

When there are disputes between workers and employers or violations of the Labor Act the law
specifies that the case should be handled in a labor court. This comprises a judge, a
representative of the employer and a representative of the workers. But the labor courts have a
reputation for being slow and ineffective

4.1 Cases of Labour Court in Bangladesh

1. In Labour Act, 2006 worker means any person, including an apprentice employed in any
establishment or industry, either directly or through a contractor, to carry out any skilled,
unqualified, manual, technical, commercially promotional or clerical hire or reward work,
whether the terms of employment are expressed or implied, but does not include a person
employed primarily in managerial or clerical work. Any employee can demand his rights if
hampered before the Labour Court and any person is abiding by the decisions of the Labour
Court, can be seen in the case of James Finlay & Co. Ltd Vs. Chairman Second Labour Court,
1980, 9 CLC (AD) where the Labour Court held that the application was maintainable and
ordered the reinstatement of the employee concerned. Against this decision, the appellant
company moved the High Court of Bangladesh under Article 102 of the Constitution. The
appellant company did not succeed before the High Court Division.

2. The employees have also some rights at the time of termination that the employer cannot fire
or discipline for his misconduct unless the charges brought against him are reported in writing
and a copy of the accusation shall be given to him with duration of at least seven days to explain
along with the chance to be heard. In the case of Md. Sadek Ali vs. Government of Bangladesh
and Others Writ Petition No. 7903 of 2011, the General Manager of the Mills terminated the
worker from service. In so doing did not serve him any prior notice or give him an opportunity of
being heard in any manner. The court held writ petition does not appear to be maintainable and
gave the consideration to the Management of Crescent Jute Mills Ltd. to take the proper
decision.

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 CHAPTER-FIVE

Provisions under Labour Laws of Bangladesh

5.1 Legal Framework

Bangladesh’s commitments to promoting workers’ rights devolve from its ratification of several
international treaties, the Constitution and national laws. However, the application of these laws
has been poor and the State’s investment policies have derogated in many cases from workers’
rights.

5.2 International Commitments

Bangladesh ratified the International Covenant on Social, Economic and Cultural Rights in 1998,
with reservations placed on Articles 1,2,3,7 and 8. The ILO Declaration on Fundamental
Principles and Rights at Work, 1998 (86th session) is also relevant. Bangladesh has ratified ILO
Convention 87 on Freedom of Association and Protection of the Right to Organize, 1948, ILO
Convention 105, on the Abolition of Forced Labour, 1957 and ILO Convention 182, on the
Worst Forms of Child Labour, 1999. It has signed but not yet ratified the Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families in 1990.

5.3 Constitutional Guarantees

The Fundamental Principles of the State policy provided for in the Constitution relating to
workers are to be found in:

 Article 14, which requires the State to emancipate peasants and workers from all
forms of exploitation;
 Article 15, which holds the State responsible to ensure the right to work, that is the
right to guaranteed employment at a reasonable wage having regard to the quantity
and quality of work, and reasonable rest, recreation and leisure;
 Article 20(1), which recognizes work as a right and requires that, “everyone shall be
paid for work on the basis of the principle from each according to his abilities, to each
according to his work.”

26
  In addition, the fundamental rights guaranteed in Chapter III, especially relevant to
workers’ rights, include:
 Article 34, which prohibits all forms of forced labour and makes it a punishable
offence; and
 Article 38, which guarantees the right to freedom of association and to form trade
unions.

5.4 Statutory Framework

The Bangladesh Labour Act, 2006 adopted by Parliament replaced earlier legislation, including
the Factories Act, 1965 and the Factories Rules, 1979, which had established a framework for
safeguarding workers’ rights and decent conditions of work in industrial establishments. The
new Act codified 25 labour laws and reaffirmed the rights of workers to:

 Proper wages and benefits that ensure an adequate standard of living for workers and
their families.
 Equal pay for equal work and non-discrimination.
 Regulated time of work and prohibition on forced labour or slavery.
 Safe, secure and healthy working environment.
 Fair compensation in cases of work-related death or injury.
 Right to organize trade unions for collective bargaining.
 Freedom of children from exploitation.
 Proper sanitation facilities, dining facilities, maternity leave, childcare facilities and
human resource development.

Whilst there are some positive changes in the Act, much of the legislation is almost identical to
the previous laws. So, for example, the Act does not impose new legal obligations upon
employers and others in relation to health, safety and welfare. However, the obligations will,
under the new law, apply to a wider range of premises, and include new offences and stricter
sentencing provisions with changes in the prosecution process.

27
5.5 Working Hour

The 2006 Labour Act states the daily and weekly basis of working hours along with the overtime
hours and their payment. The daily working hours shall be 8 hours with an interval as under
section 108. Then weekly working hours shall be 48 hours up to 10 hours per day and 60 hours
per week and on average 56 hours per week. There has a limitation for Women Workers that no
shift from 10.00 pm to 06.00 am without the woman worker’s consent. It is to be mention that
double employment is not allowed for any worker. Wages include salary, any bonus, or
remuneration for overtime or any other remuneration payable in the course of employment.
Wage is a right of an employee but under Labour Act 2006 the wages were not fixed rather it set
a procedure for fixing the minimum wages rate. The maximum wage period is one month.

5.6 Wages, Safety and Welfare

The employees’ rights of wages, security and others but since early march 2020 the coronavirus
cases continue to increase, the employees have also the right to a healthy and safe workplace.
Every workplace or industry should determine the guidelines for safety and control the
transmission and impact of covid-19.

The provision to keep the workplace clean and safe states section 51 of the Labour Act, 2006 that
every establishment must be kept clean and free from effluvia arising from any drain, privy or
any other nuisance. In particular, it can be said that dirt is to be removed by sweeping the floors,
workrooms, staircases and passages of the establishment on a daily basis.

Thus, by keeping the workplace clean the transmission of the covid-19 can be stopped. Then
under Section 116, states that, all workers are entitled to sick leave with full wages for 14 days.
These two weeks is also the time taken to be able to detect whether someone has in fact
contracted Covid-19 and is mild.

Thus, this can be saying that these provisions are the rights of each employee during this
pandemic and if any contravention results in such loss of life, the punishment can be up to four
years of imprisonment and/or a fine of up to Taka one lakh. Therefore, if an employer fails to
uphold these safeguards, they would be liable to fine or imprisonment.

28
5.7 Termination Procedure

The employee or the employer can perform the termination process. The employer can terminate
an employee’s contract if it is proven that the employee is convicted or guilty of a crime such as
fraud, murder, or stealing. Even deliberate disobedience on the part of the employee is reason
enough for the employer to terminate their contract. However, an employer can terminate the
employee in lieu of notice without pay or need of a prior warning in extreme cases. In other
instances, a three-week notice period is granted to the employee. It should be noted that the
termination procedure for permanent or temporary employees varies, so it’s good for new
employers to get familiar with the process for each termination.

5.8 Retirement

An employer can retrench an employee on retirement grounds from the operation of any
institution if any work has been in continuous service under an employer for at least one year, in
the case of such worker being retrenched, the employer shall offer him one month’s notice in
writing specifying the reasons for his withdrawal or pay him salaries for the duration of notice in
lieu of such notice. If these conditions do not fulfill by the employer and employee can go before
the court for demanding his right.

5.9 Paid and Unpaid Holidays

Some of the holidays that the Bangladesh labor law has sanctioned include weekly holidays,
personal leave, sick leave, festival leaves, maternity leave, and annual leaves. Casual leave days
are granted due to an illness, minor accidents, or some other urgency that keeps the employee
from performing their duties at the workplace. In Bangladesh, casual leaves amount to 10 days in
a year and are paid leaves. 14 days of sick leave are granted to employees in Bangladesh in lieu
of a doctor’s certificate. Annual leave may vary depending on the industry.

5.10 Non-payment or Late Payment of Wages and Benefits

Workers in almost all of the factories complained that managers did not pay wages or benefits in
full or on time. This included pay for overtime, maternity benefits, the Eid holiday bonus, and
compensation for working during vacations.

29
For example, Nazimuddin reported such abuses were common at his former factory:

They didn’t give us the yearly bonus, they didn’t us give a yearly increment; they didn’t
give us money for earned leave. Basically, the factory management didn’t ever follow the
labor law.

5.11 Employee Absence

If an employee remains absent without warning for more than 10 days, the employer can have
been released from service on and from the date of such absence, that is if the employer had
enquired about the reason for the employee’s absence.

5.12 Dirty Drinking Water and Unsanitary Facilities

A common complaint is that the factories do not provide clean drinking water to their employees.
This is in clear breach of the Labor Act, which stipulates that every factory must provide “a
sufficient supply of wholesome drinking water.”

In one factory that supplies clothes to Canada and the US, workers said the drinking water
container was so dirty it once had worms in it. “The water is dirty and smelly so we have to take
water from the taps inside the toilets. But we don’t like doing that so have to bring water from
home,” one man said.

Another female worker, working as a sewing operator in a factory in Dhaka, said it was filthy.
“The drinking water has such a bad smell, it’s not even drinkable. The washrooms are really
dirty,” she said.

5.13 Physical Assault

Some workers involved in setting up trade unions have faced extreme violence by managers or
by local criminals, known locally as “mastans,” who at times openly admit to acting on behalf of
factory managers. In one case a worker was beaten by a man he described as being an influential
political person connected to the factory owner. In another case a pregnant worker was beaten by
a man wielding a curtain pole. In yet another case a female worker was hospitalized after being
attacked by men with cutting shears.

30
5.14 Failure of Government and Company Interventions

The poor and abusive working conditions in Bangladesh’s garment factories are not simply the
work of a few rogue factory owners willing to break the law. They are the product of continuing
government failures to enforce labor rights, hold violators accountable, and ensure that affected
workers have access to appropriate remedies. While the Bangladesh government has taken steps
since the tragedy of the Rana Plaza to strengthen its capacity to monitor factories and enforce the
law, it bears responsibility for its failure over the years to enforce labor rights. The companies,
predominantly western, that source garments from Bangladesh also have a responsibility to take
action to counter such abuses. Almost half of the respondents have been in their jobs for less than
5 years, and these were mostly the garment workers. Almost a quarter of respondents reported
having worked in their sectors for over 16 years, and these were mostly waste pickers garment
workers and construction workers.

5.15 Violations of Maternity and Social Welfare Programs

Bangladesh Labour Law provides that every worker in the formal sector, having completed one
year of service, is entitled to paid leave. No factory provides maternity leave for four months
and most factories give maternity leave only without pay. Participants also report that female
workers many times do not want to bear child because of fear of losing the job. Very few
garments factories have introduced provident fund and gratuity for the workers. Group insurance
is also not effective in most of the garments factories. In construction sector, workers are
completely deprived of all these programs. The street vendors, waste pickers, construction
workers, and home based workers rest when they have the time as needed. Factory workers get
one day of leave in a week. Domestic workers who live with the house owner stated that they
generally do not get time to take rest, even when they are sick. Sometimes they do not get
festival leave.

5.16 Access to Judiciary: Low Awareness

Very few workers get the opportunity to take legal measures concerning conflicts with
employers. They usually inform the police about such issue and a few take actions through the
workers association. A large numbers of workers do not know whether they can take legal
measures against their employers.

31
5.17 Safety and Occupational Hazards

Despite the fact that construction work is generally hazardous, construction workers are rarely
provided with adequate safety gear. Female construction workers are often seen working
barefooted or wearing rubber sandals, and many work wearing saris, which provide little
protection from injuries. They work under the sun breaking bricks or stones, carrying heavy
construction materials without any safety equipment such as gloves, goggles and helmets.
Sometimes they make their own handmade gloves or wrap pieces of cloth around their heads to
protect their hands and heads. In most working sites, there are no first aid boxes or facilities
available for medical treatment and neither the company nor contractors provide workers money
or facilities for treatment, even when they are engaged in risky or hard jobs, such as loading and
unloading construction materials, including stones, from ships.

32
 CHAPTER-SIX

6.1 Recommendations

The COVID-19 situation has not ended yet. The impact of this pandemic is overwhelming and it
is not possible to find concrete implications within this time. There might be a short-term and
long-term impact. Furthermore, employees in the informal sector became ill as a result of
COVID-19 and developed minor complications after recovery. Specifically, the analysis aims to
identify the danger and fragility that arose from the emergence of COVID-19 via an exploratory
study so that policymakers can enact protective measures for this vulnerable population, which
makes up the majority of the country's labor force. Based on the findings and discussion with
experts, this research proposes the following policy recommendations:

1. Health Safety Scheme: a health safety scheme should be enacted following health
insurance strategy and the establishment of clinics/hospitals dedicated to the garments
workers. This scheme can be financed by social welfare funds jointly contributed by the
government, buyers, and factory owners. Besides, the knowledge of occupational health
and safety should be disseminated among workers. To do this, an occupational health and
safety officer should be appointed in every factory.
2. A Common Dialogue Forum: There is a communication gap among workers, trade
union leaders, factory owners, and the government. A common knowledge-sharing forum
will facilitate confidence building. This forum will find an inclusive solution for all the
stakeholders and reduce skepticism about each other.
3. Strict Surveillance of Safety measures: As some of the factory owners are reluctant to
follow health safety and security compliance, strict monitoring is essential. Thus, the
government should increase its institutional capacity in terms of proper monitoring of
compliance. Besides, some other institutions such as the regular trial of labor court
should be ensured

33
 CHAPTER-SEVEN

7.1 Conclusion

Coronaviruses are continually changing due to mutations, and these alterations sometimes result
in new viral strains. The outbreaks of each variant spread quickly, resulting in many infected
cases, including deaths. To minimize the rapid transmission of the virus, governments around the
world were compelled to impose lockdowns several times. The severity of COVID–19 outbreaks
has significantly deteriorated social, economic and psychological conditions and affected
livelihoods all over the world. Despite the fact that all socioeconomic classes have been affected,
the poor have become more vulnerable.

The COVID-19 epidemic has put people's lives in jeopardy in developing countries, where the
majority of people depend on daily income. This study documented the impacts of the pandemic
on the livelihoods of lower-income groups on a micro scale in the context of a densely populated
city and also illustrated the impacts of the pandemic on attaining SDGs. The long-term
lockdowns exacerbated the financial crisis among the lower-income groups, led to extreme
livelihood impacts, psychological stress, deteriorated food habits, increased domestic violence
and affected access to basic service facilities and educational activities. The COVID-19
pandemics disrupted workers' livelihood opportunities in Chattogram, Bangladesh's informal
sector, including their socioeconomic, physiological, psychological and cultural correlations.
Lockdown and quarantine interventions abruptly altered their employment contracts, social
security and job requirements, rather than expanding their leisure horizons, such as visiting their
hometown during religious festivals, participating in family programs, or hanging out weekly.

In this research, I identified some of the short-term impacts and underlying facts over RMG labor
issues. To understand long-term implications, broader economic and public policy issues should
be explored. Moreover, as the sector is highly integrated into the global supply chain, the issue is
more pervasive than any other sector. This research tried to find some of the basic socio-
economic consequences of COVID-19 on RMG workers, formal and informal workers in
Bangladesh that revealed an immediate picture of the situation. This picture will contribute to
future policy initiatives to maintain a sustainable working condition and ensure resilience in the
sector.

34
 CHAPTER-EIGHT

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