By recognizing the importance of the changes, the government is demonstrating its commitment to the well-being and rights of its workforce.
The “Bangladesh Labour (Amendment) Bill, 2023” was passed on Thursday 2nd November 2023 in the Parliament with a facility to upsurge maternity leave to 120 days from 112 days (16 weeks).
State Minister for Labour and Employment Begum Mannujan Sufian moved the bill which was unanimously approved in the House with Deputy Speaker Md Shamsul Haque Tuku in the chair.
According to the proposal, no employer is permitted to hire any woman in their business for 60 days immediately after the birth of her child, nor is any woman allowed to work during that period in any establishment.
This significant step towards improving labor laws reflects the government’s commitment to addressing specific labor issues, including the freedom of association and the rights to collective bargaining. The bill’s passage has been hailed as a positive development by trade union leaders, labor law experts, labor rights activists, and civil society representatives, who have long advocated for amendments to the labor laws in the country.
Bangladesh Labour (Amendment) Bill, 2023
- Key Point: Maternity Leave Increase
- Date: November 2, 2023
- Extended: 112 days (16 weeks) to 120 days
Maternity Leave Extension
One of the most prominent changes introduced by the Bangladesh Labour (Amendment) Bill, 2023, is the extension of maternity leave. Previously, female workers were entitled to 112 days of maternity leave, divided into eight weeks before and eight weeks after childbirth. The newly passed bill now extends this to a total of 120 days (approximately 17 weeks), offering greater flexibility for women to take this leave either before or after childbirth, according to their convenience.
This extension is a welcome move, recognizing the physical and emotional demands of pregnancy and early motherhood. It allows mothers to have more time to recover from childbirth, bond with their newborns, and ensure their well-being during this crucial period.
Trade Union Formation
The bill also addresses another long-standing issue concerning the formation of trade unions. Under the previous law, 20% of workers’ signatures were required to establish a trade union, regardless of the company’s size. The amendment now specifies that in companies with over 3,000 workers, only 15% of workers’ signatures are needed, while in companies with fewer than 3,000 workers, 20% of signatures are still required.
This change makes it easier for workers to form trade unions in larger companies, reflecting a more balanced approach to labor rights. It acknowledges the need for collective bargaining and organized labor in workplaces of all sizes.
Trade Union Signature Requirements
Previous Law: 20% of workers’ signatures required, regardless of company size
Amendment:
- Companies with over 3,000 workers: 15% of workers’ signatures
- Companies with under 3,000 workers: 20% of signatures
Challenging the Labour Appeal Tribunal
Another significant change introduced by the Bangladesh Labour (Amendment) Bill, 2023, is the process for challenging the decisions of the Labour Appeal Tribunal. Previously, such challenges could only be made in the High Court Division of the Supreme Court. The amendment now allows for these challenges to be brought before the Appellate Division, as the tribunal is headed by a High Court judge.
This change is expected to streamline the process of challenging labor-related decisions and make it more accessible for workers and employers alike. It reduces the burden on the High Court Division, allowing the Appellate Division to handle labor-related cases more efficiently.
Progressive Step Forward
The passing of the ‘Bangladesh Labour (Amendment) Bill, 2023’ is a progressive step forward for workers’ rights in the country. The amendments address key concerns raised by trade unions, labor law experts, and labor rights activists. These changes not only enhance the welfare of female workers during pregnancy and early motherhood but also make it easier for workers to exercise their right to form trade unions and challenge labor-related decisions.
It is important to note that these amendments are part of the government’s broader efforts to align labor laws with international labor standards and recommendations provided by the European Union. By recognizing the importance of these changes, the government is demonstrating its commitment to the well-being and rights of its workforce.
In 2006, the first labor law was passed in the country. The Act was subsequently amended several times. Western countries had some remarks and concerns about this law. At the end of the government’s present term, the law was again amended.
Labor Law Act 2006
As per the state document in question, employers are required to grant pregnant women 4 months of paid leave, with 8 weeks to be taken prior to delivery and 8 weeks after childbirth. Additionally, the bill explicitly prohibits companies from requiring female employees to return to work within the initial 8 weeks following childbirth.
In the ready-made garment (RMG) industry, women constitute 65% of the workforce, yet despite their majority presence, securing their rights often involves a struggle. Unlike the banking sector, the garment industry lacks an internal maternity policy, which results in a noticeable disparity in compliance with maternity laws within the RMG sector.
According to a 2015 survey conducted by the Bangladesh Garment Manufacturers and Exporters Association, 82% of the 3255 factories inspected offered maternity benefits, with 65% of them also providing childcare facilities. However, a UNICEF report from the same year presented a contrasting perspective.
This study revealed that many female workers feel compelled to return to work within 8 weeks after giving birth, and some are even pushed to resign ‘voluntarily.’ Furthermore, the quality and availability of childcare accommodation and facilities are often substandard or non-existent. Researchers attributed these shortcomings in childcare support to a lack of demand from mothers.
What are the ILO standards?
ILO (International Labour Organization) standards require a minimum maternity leave period of 14 weeks, and they recommend extending it to at least 18 weeks to ensure that mothers have sufficient time for rest and recovery.
In conclusion, the “Bangladesh Labour (Amendment) Bill, 2023” is a significant development that deserves applause. It reflects the government’s commitment to improving labor laws and ensuring a more just and equitable working environment for all citizens. The amendments have the potential to have a positive impact on the lives of workers in Bangladesh, ultimately contributing to a more inclusive and worker-friendly labor landscape.
