Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Bangladesh (Ratification: 1972)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 1 September 2022, referring to the matters addressed below. The Committee also notes the reply of the Government to the observations submitted by International Trade Union Confederation (ITUC) in 2021.

The Committee notes that the complaint submitted in 2019 under article 26 of the ILO Constitution, concerning non-observance by the Government of Bangladesh of the Convention as well as of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), is pending before the Governing Body. At its 346th Session (November 2022), taking note of the report submitted by the Government on 9 September 2022 on the progress made with the implementation of the road map of actions, the Governing Body, on the recommendation of its Officers, decided to: (i) request the Government of Bangladesh to report on further progress made in the implementation of the road map of actions to address all the outstanding issues mentioned in the article 26 complaint at its 347th Session (March 2023); and (ii) to defer the decision on further action in respect of the complaint to that session.

The Committee takes note of the additional information provided by the Government on 9 September 2022 on the progress made in the implementation of the road map to address all the outstanding issues mentioned in the article 26 complaint.

Legislative developments. The Committee notes the information provided by the Government in its report concerning the establishment of an 18-member Tripartite Law Review Committee (TLRC) headed by the Additional Secretary (Labour) in March 2022 to work on the labour law reform. A separate 12-member working committee was also formed in July 2022, headed by the Joint Secretary (Labour), to support the Law Review Committee. The Government indicates that these two new committees are tasked to identify the areas in the existing law that need to be reformed in order to bring them in line with international labour standards. The Committee also notes, in the additional information provided concerning the implementation of the first priority area of the road map of actions (labour law reform), that the Bangladesh Labour Rules, 2015 were amended and published through gazette notification on 1 September 2022. Concerning the amendment of the Bangladesh Labour Act, 2006 (as amended in 2018) (BLA), the Committee notes the Government’s indication that the proposed revisions received by stakeholders (government, employers and workers organizations) will be compiled and sent to the TLRC by 30 October 2022. Upon completion of the work by the TLRC, the National Tripartite Consultative Council (NTCC) will be in a position to take up the issue of the amendments of the BLA. The Committee also notes the adoption of the Export Processing Zone (EPZ) Labour Rules in October 2022. The Committee also notes the observation from the TU-ILS Committee which indicates that the TLRC has been recently reformed, but that the legislative reform process is not advancing at the expected speed. The Committee requests the Government to continue to provide detailed information on the progress made in the legislative reform process and on the measures adopted in order to ensure that such process takes into account the outstanding issues concerning the application of the Convention raised by the Committee.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and special economic zones (SEZs). The Committee notes that in reply to its previous request the Government indicates that pursuant to the preamble and section 3(A), 4(d), 7(k) and 5A(2) of the Bangladesh Export Processing Zone Authority (BEPZA) Act, 1980, the BEPZA is the only appropriate authority of the Government for development, operation, management and control of the EPZs. The Government indicates that the BEPZA has been successfully performing its duties and responsibilities of administration and inspection in EPZs for the last four decades. The Government indicates that nevertheless it has adopted measures in order to ensure the operation of the Department of Inspection for Factories and Establishments (DIFE) in the EPZs, namely: (i) modalities of DIFE inspections in the EPZs have been incorporated in the amended EPZ Labour Rules; (ii) an EPZ inspection checklist has been prepared and shared with DIFE on 1 December 2021; (iii) on 16 May 2022, a meeting was held between the BEPZA and DIFE under the chair of the Minister of Law, Justice and Parliamentary Affairs regarding a transparent and accountable mechanism of inspections; and (iv) as of August 2022, the DIFE inspected 25 factories in EPZs and found overall compliances of the factories inspected.

The Committee also notes that the TU-ILS Committee indicates in its observations that there has been no noticeable impact from the development of the EPZ inspection checklist. The TU-ILS Committee adds that pursuant to section 168 of the EPZ Labour Act, the DIFE is only empowered to carry out announced inspections in the EPZs, after the approval of the Executive Chairman of the BEPZA. The trade unions indicate that the legislation should be amended in order to ensure that DIFE is in charge of inspections in the EPZs and that, until then, reports on the inspection of factories within the EPZ area on safety issues should be submitted to the DIFE by BEPZA on a monthly basis.

The Committee notes with concern that, according to section 289 of the EPZ Labour Rules of 2022, the Executive Chairman of the BEPZA remains the authority responsible for inspections in the EPZs. While the Committee also notes that, according to section 290, the inspectors of the DIFE may inspect any industry of any zone established within their jurisdiction by giving an intimation to the Executive Chairman, the rules provide that inspection shall be carried out in accordance with the checklist prepared by the authority. The Committee requests the Government to take the necessary measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs and SEZs without any restrictions. The Committee requests the Government to indicate whether, under the EPZ Labour Rules 2022, DIFE inspectors are required to receive approval from the Executive Chairman prior to the inspection of EPZs, as foreseen in section 168 of the EPZ Labour Act. If such approval is necessary, the Committee requests that the Government provide information on the number of requests made, the number of requests approved, the time elapsed between each request and approval, and any reasons given for each failure to approve. It also requests the Government to provide copy of the EPZ inspection checklist and to indicate its impact on EPZ inspections, including whether labour inspectors are free to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed. Further, the Committee requests the Government to indicate the progress made, in the context of the labour law reform mentioned above, in the amendment of section 168 of the EPZ Labour Act. Noting the information on the number of factory inspections undertaken by the DIFE in the EPZs, the Committee requests the Government to provide further details on the numbers of labour inspections undertaken in EPZs and SEZs that are in operation, disaggregated into inspections by the DIFE and inspections under the BEPZA, including whether the inspections were announced or unannounced, whether in response to a complaint or to an accident, and the number and nature of all violations detected and the measures taken as a result.

Articles 5(b) and 15(a).Cooperation with employers and workers.Impartiality of labour inspectors. The Committee notes thatthe TU-ILS Committee refers in its observation to allegations of corruption and undue pressure on DIFE inspectors in the performance of their duties. The trade unions indicate that labour inspectors are politically influenced or induced for various reasons to overlook safety and law enforcement issues. The trade unions refer in particular to the 2021 fire incident in the Hashem Food Factory where several workers died. According to the TU-ILS Committee, an inspection carried out two weeks before the incident considered the factory in compliance with safety rules. However, according to the trade unions, an investigation after the incident indicated a lack of fire safety measures. According to the trade unions, there is a lack of accountability in the inspection system and there are no penalties or departmental actions applied to labour inspectors when they fail to perform their duties. The trade unions also indicate that while inspections should be unannounced according to the law, there are times when an informal relationship is established between the factory management and the inspectors and, as a result, the establishment receives advanced notice of the inspection. The TU-ILS Committee also indicates that there is limited engagement of workers in the inspection process, noting that the quality of inspections should be ensured through tripartite accountability mechanisms established at the central, territorial and enterprise level. The Committee requests the Government to provide its comments in respect of these trade unions observations.

Article 6. Status and conditions of service of labour inspectors.The Committee notes that in reply to its previous comment, the Government provides the structure of the current workforce of the DIFE with the indication of the number of positions filled and vacant at each grade. The Committee notes the Government’s indication that inspectors normally enter into service at the 10th grade as labour inspector and at the 9th grade as assistant inspector general and that with satisfactory performance inspectors can be promoted to higher level. Concerning the condition of service of labour inspectors, the Committee notes the Government’s indication that labour inspectors are appointed to permanent positions, and that the remuneration and employment tenure are similar to those of tax collectors and the police. The Committee requests the Government to continue to provide information on the structure of the DIFE workforce, including the number of officers appointed at each grade. Noting the absence of information on this point, the Committee requests the Government to indicate the number and grade of labour inspectors that left the DIFE. The Committee reiterates its request for detailed information comparing the remuneration and employment tenures of labour inspectors to those of tax collectors and the police.

Articles 5, 7, 10, 11 and 16. Human and material resources of the labour inspectorate. Frequency and thoroughness of labour inspections. Cooperation with employers and workers organizations.The Committee notes that in reply to its previous comment concerning the staffing of the DIFE, the Government indicates that, as of 30 June 2022, out of the 575 sanctioned posts, 366 are filled (313 in 2020) while 209 remain vacant. The Government also indicates that police and medical checks for additional 54 new recruits are ongoing and that a request will be submitted to the Ministry of Labour and Employment (MoLE) for the recruitment of another 46 inspectors. The Committee notes the Government’s indication that in 2022, the MoLE issued the final order for creation of an additional 136 posts of labour inspectors, and for the creation of eight new field offices. Concerning promotions, the Government states that 11 existing staff of DIFE were promoted to the post of labour inspectors general and that the gradations for the posts of deputy inspectors general and assistant inspectors general are underway. Finally, the Government indicates that a new organogram with 1,791 posts (currently 993 posts), of which 942 are for inspectors, was sent to the Ministry of Public Administration (MoPA) for approval and it is currently under consideration. The Committee notes that according to the TU-ILS Committee, there is a lack of inspectors to cover all the factories in the country. Concerning the number of inspection visits, the Committee notes the Government’s indication on the number of inspections conducted by the DIFE in the first seven months of 2022, disaggregated by sector. The Committee requests the Government to continue to provide information on the progress made in the recruitment and promotion of inspectors, as well as on the approval of the organigram of the DIFE. It also requests the Government to continue to provide information on the number of inspections undertaken by the DIFE, disaggregated by sector of economic activity.

Concerning the material resources available to the DIFE, the Committee notes the Government’s indication that labour inspectors have at their disposal five cars (previously one), three jeeps, 27 microbuses, 292 laptops and 339 desktop computers. The Committee notes that the 425 Android tablets, reported as available to labour inspectors in the previous Government report, are not listed in the material resources at the disposal of the DIFE. The Committee requests the Government to continue to provide information on the material resources of the DIFE, including any IT equipment available to the inspectors during inspection visits and how these material resources are distributed across different offices. The Committee also request the Government to provide information on the annual budget allocated to the DIFE.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints.The Committee notes that in reply to its previous comment, the Government states that: (i) according to the BLA, 2006 and the standard operating procedure (SOP) issued on the basis of the Act, inspectors are entitled to perform announced and unannounced visits; (ii) for special cases such as those involving child labour, complaints investigation, probabilities of hiding evidences etc, an unannounced visit is conducted; (iii) inspectors prefer to conduct unannounced inspections to check if there are concealed issues but that, in cases where a prior document is required, the visit would be announced; (iv) the labour inspector has the discretion to decide whether to conduct announced or unannounced visits. The Government also provides the number of announced (959) and unannounced inspections (4,855) conducted in 2021-2022, collected through the Labour Inspection Management Application (LIMA). In this respect, the Committee notes that the total number of inspections for 2021-2022 collected through the LIMA and offline (43,644) is significantly higher than the total announced and unannounced inspections for the same period. Furthermore, the Committee notes that according to the SOP on Labour Inspection, regular inspections will usually be announced unless that is inconvenient for the performance of the duties of the inspectors. The SOP also provides that a minimum of 50 per cent regular visits should be announced, while special inspections (such as complaint investigation, accident investigation, etc.) are usually unannounced unless the announcement of the visit is necessary, for instance for ensuring the presence of witnesses. The Committee recalls once again the importance of undertaking a sufficient number of inspections that are unannounced to ensure that when inspections are conducted as a result of a complaint without prior notice, the fact of the complaint is kept confidential.

Concerning the confidentiality of complaints, the Committee notes the observation of the TU-ILS Committee indicating that: (i) the hotline provides an opportunity to file a complaint anonymously but sometimes it does not work; (ii) there is no information provided by the DIFE regarding the anonymity of the complaints and therefore workers are not aware that they can file a complaint without fear of retaliation; (iii) currently, an ID card is required to submit a complaint and DIFE should set up complaint boxes in factories to be inspected during inspection (out of the range of CCTV); (iv) there should be sanctions provided in the law for the disclosure of the details of a complaint by DIFE officials. The Committee also takes note of the Government’s indication that the modalities to ensure confidentiality are provided in the relevant SOP. Moreover, the Committee notes that in the additional information provided by the Government concerning the implementation of the third priority area of the road map of actions (labour inspection and enforcement), the Government states that (i) the helpline activated in June 2020 continues to operate and to receive complaints that are now managed through a database; (ii) the officials dealing with the helpline are being trained regularly; (iii) the complaint management cell, established at the DIFE in December 2020, was reorganized in January 2022 and consists of eight labour inspectors tasked to monitor the complaints received and addressed, update the number of complaints received and resolved, and arrange training for labour inspectors.

The Committee requests the Government to provide its comments to the observations of the trade unions. The Committee also requests the Government to continue to provide information on the number of announced and unannounced inspections conducted by the DIFE and to indicate the number of inspections conducted as a result of a complaint, and the outcome of all such inspections. With reference to the discrepancy noted between the total of announced and unannounced inspections and the total number of visits for the same period, the Committee requests the Government to provide more detailed information on the types of inspections conducted, including whether they were announced or unannounced.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. The Committee previously noted that (i) the legal unit of the DIFE counts one officer and (ii) the Government planned to expand it to nine officers. The Committee notes the Government’s indication that in August 2022 one additional post of legal officer was approved. The Government also indicates that, in order to improve the proceedings for the enforcement of legal provisions, two foundation training courses for 60 inspectors were completed in the financial year 2021–22. These courses trained labour inspectors on the main provisions of the BLA, 2006 and Bangladesh Labour Rules, 2015. Concerning the measures introduced or envisaged to ensure that penalties for labour law violations are sufficiently dissuasive, the Committee notes the Government’s indication that there was an increase in the fines for the protection of women workers deprived of maternal welfare benefits and an increase in the amount of compensation in case of death or disability of workers following an occupational accident. In this regard, the Committee notes that, in their observation, the TU-ILS Committee indicates that penalties should be revised in consultation with trade unions. In addition, according to the trade unions, in cases of wage arrears, the existing 25 per cent interest for delayed payment is insufficient and should be increased to ensure effective deterrence. Concerning violations, the Government provides the numbers of cases filed and resolved for the period 2021-2022, including the number of cases of child labour identified. The Committee also notes that, in their observation, the trade unions indicate that labour justice in Bangladesh is long and cumbersome and that therefore it is discouraging for workers to file a complaint. The trade unions also indicate that there is a need to strengthen the enforcement process of labour courts decisions and that both the Department of Labour and the DIFE should be involved in the implementation of labour court judgments. The Committee requests the Government to continue to provide information on the progresses made in the established of a fully operational legal unit in the DIFE. Noting the observation from the trade unions and the limited progress reported by the Government on this matter, the Committee requests the Government to pursue its efforts to ensure that penalties for labour law violations are sufficiently dissuasive. Noting the absence of information in this respect, the Committee once again requests that the Government indicate the specific outcome of cases that are referred to the labour courts (such as the imposition of fines, the amounts collected from fines imposed, and also sentences of imprisonment) and to specify the legal provisions to which they relate. Finally, the Committee requests the Government to continue to provide up-to-date information on the number and nature of violations detected.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2023.]