|
a.
The Right of Association: Bangladesh's Constitution
guarantees freedom of association, the right to join
unions, and, with government approval, the right to form
a union.
With the exception of workers in the railway, postal,
telegraph, and telephone sectors, government civil
servants are forbidden to join unions. However, some
workers covered by this ban have formed unregistered
unions. The ban also applies to security-related
government employees, such as in the military and
police. Civil servants forbidden to join unions, such as
teachers and nurses, have joined associations which
perform functions similar to labor unions.
b. The Right to Organize and Bargain Collectively:
Unions in Bangladesh are highly politicized. Virtually
all the National Trade Union centers are affiliated with
political parties, including one with the ruling party.
Pitched battles between members of rival labor unions
occur regularly. Some unions are militant and engage in
intimidation and vandalism. General strikes were used
successfully by the political opposition in early 1996
to pressure the government to call elections and step
down. Rising political tensions again led to several
general strikes during 1997 and 1998. General strikes
cause economic and social disruption through lost
production and, more significantly, transportation
delays causing missed shipping dates for exports.
Strikes
motivated by labor issues are not uncommon. Port
workers' strikes and/or "slowdowns" occurred
regularly in 1998, partially in reaction to a proposed
private container port.
The Essential Services Ordinance permits the government
to bar strikes for three months in any sector deemed
"essential." Mechanisms for conciliation,
arbitration and labor court dispute resolution were
established under the Industrial Relations Ordinance of
1969.
There
have been numerous complaints of garment workers being
harassed and fired in some factories for trying to
organize workers. Workers in Bangladesh's EPZs are
prohibited from forming unions, though some workers have
skirted the ban by setting up associations. The
government has not fulfilled promises that labor law
restrictions on freedom of association and formation of
unions in the EPZs would be lifted in 1997.
c.
Prohibition of Forced or Compulsory Labor: The
constitution prohibits forced or compulsory labor. The
Factories Act and the Shops and Establishments Act, both
passed in 1965, set up inspection mechanisms to guard
against forced labor, but resources for enforcement are
scarce. Nevertheless, there is believed to be little use
of forced labor, though conditions for some domestic
servants resemble servitude, and some trafficked women
and children work as prostitutes.
d.
Minimum Age for Employment of Children: Bangladesh
has laws that prohibit labor by children. The Factories
Act bars children under the age of 14 from working in
factories. In reality, enforcement of these rules is
inadequate. According to United Nations estimates, about
one third of Bangladesh's population under the age of 18
is working. In a society as poor as Bangladesh's, the
extra income obtained by children, however meager, is
sought after by many families.
In
July 1995, Bangladesh garment exporters signed a memorandum of
understanding that has virtually eliminated child labor in the
garment export sector. Under the MOU, schools and a stipend program
were established for displaced child workers. By November 1998,
hundreds of schools serving thousands of former child workers were
in operation. A system of fines and possible suspension of
import/export privileges exists, and a monitoring system has been
set up by the International Labor Organization.
e.
Acceptable Conditions of Work: Regulations regarding minimum
wages, hours of work and occupational safety and health are not
strictly enforced. The legal minimum wage varies depending on
occupation and industry. It is generally not enforced. The law sets
a standard 48-hour workweek with one mandated day off. A 60-hour
workweek, inclusive of a maximum 12 hours of overtime, is allowed.
Relative to the average standard of living in Bangladesh, the
average monthly wage could be described as sufficient for minimal,
basic needs. The Factories Act of 1965 nominally sets occupational
health and safety standards. The law is comprehensive but appears
to be largely ignored by many Bangladeshi employers. 
|
General Section
