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Labour law implementation: A key to fair employment practices

Labour law implementation: A key to fair employment practices
Photo: BSS
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On the auspicious occasion of 140th May Day celebration, I pay homage to the working class people who fought as well as sacrificed their lives for the establishment of the workers’ rights.

It is true that behind every machine and market lies human effort. Labour laws make sure that effort is respected and rewarded. Reviewing the history of labour law shows that during British and Pakistani rule, around 50 labour-related laws were enacted, but most of the laws served the interests of employer. Even the definitions of the same terms varied across those laws.

After 1947, against Pakistan’s oppression, exploitation, and discriminatory policies, long struggles and movements culminated in the great Liberation War of 1971, through which the people of this country achieved independence. It is noteworthy that most labour laws in post-independence Bangladesh were originally enacted during British or Pakistani times.

Therefore, to review and adapt these laws for an independent country, on June 29, 1992, Justice Abdul Kuddus Chowdhury was appointed Chairman of a 38-member “National Labour Law Commission, 1992,” comprising representatives of employers, workers, ministries, and legal experts. The committee reviewed all labour related laws and discussion with all stakeholders and prepared a report, submitted to the government on March 31, 1994.

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After threadbare discussions, 25 existing labour laws were repealed, and on October 11, 2006, the government enacted the “Bangladesh Labour Law (BLL), 2006.” This law contained 21 chapters, 354 sections, and 5 schedules. Later, amendments of BLL were made three times—on July 22, 2013; October 21, 2018; and April 09, 2026. To ensure proper implementation of the BLL, the “Bangladesh Labour Rules, 2015” were enacted on September 15, 2015, containing 367 rules, 7 schedules, and 81 sample forms.

 Being member of the ILO, Bangladesh has ratified 39 ILO conventions so far. Among these, 10 are considered core conventions: a) Workers’ rights (Conventions 87 of 1948 and 98 of 1949); b) Forced labor (Conventions 29 of 1930 and 105 of 1957); c) Child labour (Conventions 138 of 1973 and 182 of 1999); d) Employment and wage discrimination (Conventions 100 of 1951 and 111 of 1958 ; and e) OHS & decent environment (Conventions 155 of 1981 and 190 of 2019).

ILO expects all member state to properly implement these core conventions. But the harsh reality is that most institutions in Bangladesh show reluctance and slow progress in implementing them. On the other hand, ILO Country Director of Bangladesh, Mr. Max Tunon hopes that the government, workers, and law enforcement agencies will work together to ensure proper implementation of core ILO conventions.

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Looking at Bangladesh’s current economic scenario, it is evident that state activities are still driven by capitalist ideology, which inherently fosters inequality. As a result, inequality is increasing instead of equality. Meanwhile, due to mobocracy, freedom of expression and independent opinion are being restricted.

In this situation, without the active participation of working-class and marginalized people of the society, it is impossible to advance the overall struggle against mobocracy and inequality, even with united efforts of democratic forces in intellectual, cultural, and political spheres.

We want a state where no one abuses power, workers receive their rights and fair wages, every citizen can freely express opinions, no one escapes accountability for injustice, crime, or corruption, freedom of expression is not curtailed, women can move safely, and people of different beliefs and ideologies are not subjected to discrimination, oppression, or exploitation. The workers’ movement will continue until the liberation of neglected, deprived, and oppressed people is ensured.

Although promises have repeatedly been made that labour laws and rules will protect workers’ rights and interests, in practice they have often been ignored. It is true that progress has been made in different amendments, but whether they are being properly implemented remains to be seen. Because whether it is a law or a rule, proper implementation is the most crucial.

We have always observed that BLL and rules are not implemented effectively. To ensure that the benefits of labour law reach workers, transparency and accountability of implementing authorities must be ensured, along with eliminating corruption, discrimination and ensure fair justice.

 Since independence, many promising laws have been enacted and also amended, but due to lack of proper implementation, workers’ right and liberation remains questionable. It is true that labour always keep the wheels of industry turning and accelerate the country’s socio-economic development. Yet their voices have consistently been ignored in state, politics, and society.

We hope that if a labour charter can be formulated based on consensus of all stakeholders, it will be beneficial for the nation and open new horizons for the country’s industrial development in forthcoming days.

The time has come for workers to move forward unitedly, not relying on anyone’s mercy, but by ensuring proper implementation of labour laws and rules, achieving workers’ rights, living wages, decent environment, OHS, fairness and dignity, just transition, and facing any challenges due to automation and 4IR ahead.

MA Taher is Professor, BRAC Business School, BRAC University, Dhaka. 

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