Labour laws fail to match global standard

The draft of the labour law reform has reportedly been finalised by the Ministry of Labour and Employment notwithstanding complaints from workers, one of the two principal stakeholders. Before presenting this draft at the governing body meeting of the International Labour Organisation (ILO) to be held in Geneva from March 10-20, it has been placed for a review by the chief adviser. There has been a long demand for aligning the country's labour law with global standards from different associations and organisations. The Office of the United States Trade Representative (USTR), a staunch advocate for strengthening labour rights globally, urged Bangladesh to make its domestic labour laws compatible with international standards. Along with seeking improvement in labour rights across the globe, the USTR has raised this important issue in its Trade Policy Agenda 2025 and the Annual Report 2024 published on Tuesday last.

Now the workers' representatives have complained to the Tripartite Consultative Council (TCC) that the amendments to the Labour law were made keeping primarily the garment workers in focus. The majority of the 0.765 million workers in the formal and informal sectors were not taken into account. They have alleged that even the definition of a worker is found wanting. Provident fund and gratuity are reportedly not made mandatory. Maternity leave for garment workers is for the duration of four months instead of six months the government employees are entitled to. About this right for women workers in the informal sector, the draft law is silent. Workers' concern about job security and the liability of factory management for any accident on way to workplace and back home has been ignored. In case of the most contentious issue of trade unionism granting freedom of association and collective bargaining as provided by the ILO also is not going to be complied with.

With many such fundamental drawbacks, the proposed reform is not going to be pro-workers at all. There is no question of elevating it to anywhere near the international standards. Both American and European labour laws have undergone changes for the better in 2024. Now the moves initiated in those two export destinations of Bangladesh make it incumbent on this country also to improve its labour laws. The European Union (EU) is going to implement the Corporate Sustainability Due Diligence Directive (CSDDD) next year. Under this provision, not only will the European companies be required to adopt sustainable and responsible corporate practices but also compel businesses in Bangladesh, as value chain partners, to comply with similar requirements in their operations. To make the incumbency a more inclusive global legal binding, the updated OECD (Organisation for Economic Co-operation and Development) Guidelines for Multinational Enterprises 2024 have suggested integration of responsible business practices across all stages of the value chain. This means Bangladesh also comes under the purview of the OECD guidelines. Thus, apart from the ethical concerns, labour rights are going to be a stronger determinant phenomenon in forging and maintaining trade and economic relations.     

The labour reform commission formed to suggest practical recommendations was supposed to be aware of such developments on the international labour front. Before this, at intersessional meeting of the US-Bangladesh Trade and Investment Cooperation Forum Agreement (Ticfa) Council in Dhaka on April 21, 2024, the US presented a Labour Action Plan. Under this, various steps were suggested for improvement of the whole gamut of labour rights situation including violence and harassment and unfair labour practices. All such international pressures failed to make the required improvement for the country's proposed labour laws drafted now.

In this context, it is pertinent to remember how the Generalised System of Preferences (GSP) facility was suspended. Following the collapse of Rana Plaza, the US made it clear that Bangladesh had failed to make enough progress in ensuring workers' rights and safety. So, it did not deserve the GSP facility any more. The USTR has made a review of the situation in 2024 along with its engagements with US apparel brands and trade associations to make it a point that the minimum wages for Bangladesh garment workers received a fair review and their rights to freedom of association and collective bargaining improved to an international standard.

Now the reluctance on the part of the reform committee and commission to go the whole hog is certainly not helping the matter. The garment owners complaining labour unrest should know that the management-labour relations cannot improve without allowing the workers to enjoy the benefits and rights they genuinely deserve. Had they improved the working environment in the factories to the satisfaction of the international advocacy groups such as USTR, facilities like restoring GSP might not be a distant dream. That would have brought about a paradigm shift in the productivity of Bangladesh garment factories.

However, garment workers are not all. When the apparel sector is unwilling to grant the fundamental rights and freedom to its workers, their peers in the informal sector can hardly hope any better. In fact, in the majority of such informal enterprises, job security, minimum wages and workplace safety are more conspicuous by their absence. It is an exploitative manufacturing regime that prevails in this country. True, things cannot be brought in order overnight but at least, attempts should be made perceptible for starting a pragmatic change in the situation. With the denial of workers' rights proving endemic, the system also fails to live up to the cherished dream of a country free of discriminations as enshrined in the ethos of July-August uprising.

nilratanhalder2000@yahoo.com