Proposed Title: Ensuring Employee’s Safety in Every Workplace: The Legal Framework and The Current

Scenario in Bangladesh

Name of the Researcher: MD.AHSAN-UL-KABIR

Background

As Bangladesh is a developing country, employees' safety and rights are the most important things to sustain
our growth. We have many other sectors to grow, but we need to make sure more security to sustain a working
friendly environment in our country. So, the government of Bangladesh passed laws and rules to ensure safety,
and security and to enforce the rights of an employee. But the scenario is different from the expectation. In the
wake of two major catastrophic factory fire incidences, Tazreen Fashions in 2012 and Rana Plaza in 2013 and
under the pressure from international communities and apparel buyers the government of Bangladesh has
passed an amendment to the existing Labour Act, 2006.1 However, the amendment has introduced enormous
changes into the law, and the issues of protection of rights of the workers and the amount of compensation
regarding accidents and deaths have remained as it was before.

Literature Review:

Shakil Ahmed stated in “Health and Safety Situations of Garments Workers in Developing Countries: A Study
on Bangladesh” that, due to a lack of knowledge, training, employer non-compliance with OSH standards, and
unfavourable worker engagement, the purpose of providing employees with safety and health as intended by the
laws was not achieved.2

However, the authors named Dr Parvez Ahmed and Rehena Parvin (2019) said in their journal called
“Protection of Workers in Workplaces” showed that the serious issue of our laws is that it has yet to punish any
large corporation or its top executives or directors for corporate manslaughter. Furthermore, he also added in
detail that, the law itself seeks the court's justification for recognizing the company's guiding mind, yet the court
has shamefully failed to identify the directing minds of major corporations.

Another author named Ahamed F. (2014) stated in his journal called “Improving Social Compliance in
Bangladesh's Ready-made Garment Industry Faculty of Business, Economics and Law” that, there is a lack of
access to a safe and secured environment in a workplace complying with the Bangladesh Labour Act, 2006 or
the International Labour Organization (ILO) based international standard. Moreover, he presented the scenario

1
Hasan MM, Mahmud A and Islam MS [2017] Deadly Incidents in Bangladeshi Apparel Industry and Illustrating the Causes and
Effects of These Incidents
2
Shakil Ahmed, 'Health and Safety Situations of Garments Workers in Developing Countries: A Study on Bangladesh' [ 2017]
63522
of the Bangladeshi labours where there are some of the worst working environments, poor conditions and
remuneration in the current world.3

Rahman, Khanam, and Nur (1999) said in their journal “Child Labor in Bangladesh: A Critical Appraisal of
Harkin's Bill and the MOU-Type Schooling Program” that, in the ready-made garments (RMG) sector in
Bangladesh, we are considered to have the child labour-related issues for a long period. Most children start their
work at the early stage of their childhood. For this problem, most of them are suffering from serious physical
issues, injuries, and damage. Also, death in the workplace becomes the result of child labour. 4 But the author
named Md. Abdul Halim (2020) specifically showed that, in 2018, section 44 of the Labour Code, 2006 was
amended where the protection regarding child labour and teenage labour was repealed.5

Next, Maheen Sultan (2018), said that still, the women who are working outside are facing security-related
issues. Often the male members of the workplace do sexual assaults but most women cannot find a convenient
way to take action against them, as there are many limitations. The author also showed a lack of large
jurisdiction of the Sexual Harassment Complaint Committees so that, they can hold the employees of the
workplace or the establishments to make them liable for the off-duty conduct. Moreover, she also said that
Trade Unions which are the associations for the protection of employees’ rights should incorporate the agenda
of violence against women in the workplace.

Scope of the Research: 

In this paper, the author will present a critical analysis of the existing laws in Bangladesh, referring to several
cases and legal mechanisms concerning the employee safety ensure in different working sectors in Bangladesh.
The research, there also seeks to clarify the current issues as well as different types of accidents, health hazards,
lack of safety during working hours, and unhygienic working environment with the evidence and legal
reformations. The paper will also include several recommendations so that, it becomes possible to ensure the
safety of the employees.

3
Ahamed F, “Working Conditions in the Bangladesh Readymade Garments Industry: Is Social Compliance Making a Difference”
[2011] Improving Social Compliance in Bangladesh’s Ready-Made Garment Industry. Journal of Labour and Management in
Development
4
Rahman MM, Khanam R and Absar NU, “Child Labor in Bangladesh: A Critical Appraisal of Harkin’s Bill and the MOU-Type
Schooling Program” (1999) 33 Journal of Economic Issues 985
5
Md. Abdul Halim, Textbook on Bangladesh Labour Code (12th Ed, Beacon Publications, 47, North Brook Hall Road, 2nd floor,
Banglabazar, Dhaka, Bangladesh. August,2020)
Research Question: 

Whether Bangladesh is capable to provide sufficient safety for the workers through the existing legal
framework, rules and policies or not?

Research Hypothesis:

In the paper, the author will focus on the drawbacks of legal functions in Bangladesh addressing employee
safety in the workplace. The paper tried to make the readers make familiar with the different types of risks such
as fire accidents, building collapses, machinery-related hazards, health-related issues and the standard
environment of a workplace. So, by focusing on the drawbacks of the laws related to the employee’s safety in a
workplace, several laws including legal provisions are required to reform in a particular manner that, the law
becomes more powerful and more convenient to ensure the occupational safety with security in an
establishment.

Methodology:

This research was designed based on primary and secondary data collection tools. To do this research paper the
author used secondary sources such as books, journals, articles, newspapers, legal documents, and websites to
gather information. The reports of different national and international labour organizations are the primary
sources of secondary data such as OSHE, BFSCD, Bangladesh Workers Safety, BILA, BLAST, and many
more. In terms of primary sources, I will also use the various Acts and laws regarding my research on employee
safety in the workplace.

Chapterization:

The research paper has been divided into five different chapters. I may also include sub-chapters to clarify more
about the research. The major chapters are given below.

 Introduction,
 Legal Aspects
-Bangladeshi legal mechanism
-Legal mechanism of other states
  Current scenario of Bangladesh and implementations,
 Recommendations
 Conclusion.

Bibliography:

Primary sources-

1. The Bangladesh Labour Act, 2006 ( Act No XLII of 2006 )

2. The Bangladesh Labour Rules, 2015
3. Bangladesh Worker’s Welfare Foundation Act, 2006
4. Bangladesh Worker’s Welfare Foundation Rules, 2010
5. The Bangladesh Export Import Processing Zone Authority Act, 1980 (Act No. XXXVI of 1980)

Secondary sources-

Books:

1. Justice Md. Azizul Haque, Bangladesh Labour Law (1st, Mr Jishan Prodhan, 14, Purana Paltan, Dhaka,
Bangladesh) 2016
2. Md. Abdul Halim, Textbook on Bangladesh Labour Code (12th Ed, Beacon Publications, 47, North
Brook Hall Road, 2nd floor, Bangla Bazar, Dhaka, Bangladesh. August 2020)

Journals:

1. Rahman MM, Khanam R and Absar NU, “Child Labor in Bangladesh: A Critical Appraisal of
Harkin’s Bill and the MOU-Type Schooling Program” (1999) 33 Journal of Economic Issues 985
2. Shakil Ahmed, 'Health and Safety Situations of Garments Workers in Developing Countries: A
Study on Bangladesh' [ 2017] 63522
3. Dr Parvez Ahmed, Rehana Parvin, ' PROTECTION OF WORKERS IN WORKPLACES: A
COMPARATIVE STUDY OF LABOUR LAWS OF THE UK, THE USA AND BANGLADESH'
[ 2019] <https://green.edu.bd/wp-content/uploads/PDFs/Journals/GURSS/v-2-i-1/
PROTECTION_OF_WORKERS_IN_WORKPLACES.pdf>
 4. Ahamed F, “Working Conditions in the Bangladesh Readymade Garments Industry: Is Social
Compliance Making a Difference” [2011] Improving Social Compliance in Bangladesh’s Ready-
Made Garment Industry. Journal of Labour and Management in Development
<http://www.nla.gov.au/openpublish/index.php/lmd/article/viewFile/2269/3148> accessed June 12,
2022

Articles:

1. Rasheda Khanam, ' Child labour and school attendance: evidence from Bangladesh. Published in:
International Journal of Social Economics' [ 2006] e.g. AL e.g. 2, 77-98
2. Sultan M, “Sexual Harassment of RMG Workers” (The Daily Star February 14, 2018)
<https://www.thedailystar.net/star-weekend/labour-rights/news/sexual-harassment-rmg-workers-
1673149> accessed June 12, 2022