Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C081

Observation

Direct Request

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The Committee notes the Government’s reply, received by the Office on 9 February 2011, to the observations made by the Bangladesh Free Trade Union Congress (BFTUC), dated 26 August 2010, and the observations of the Bangladesh Employers’ Federation (BEF) transmitted with the Government’s report on 16 September 2012.

Articles 2, 4 and 23 of the Convention. Legislative reforms, reform of the labour inspection system and scope of labour inspection. 1. Legislative reform. The Committee notes that the Government, in reply to the observations made by the BFTUC concerning the absence of specific occupational safety and health (OSH) provisions for the various sectors now covered by the revised Bangladesh Labour Act (BLA), expresses the view that OSH issues are adequately addressed in Chapters 6, 7, 8 and 12 of the Act. In this regard, the Committee notes that the BEF emphasizes the progress already achieved through the adoption of additional provisions in several areas (OSH, social security, maternity benefits, etc.) and refers to continuing legislative reforms. The Committee notes that the Bangladesh Labour (Amendment) Act, 2013 (Act No. 30 of 2013) was adopted in July 2013 and establishes some additional requirements in the area of OSH (such as the creation of safety committees in factories with more than 50 workers, the mandatory use of personal protective equipment and the establishment of health centres in workplaces of more than 5,000 workers, etc.). The Government is requested to keep the ILO informed of any further progress made in the process of reviewing the BLA and to supply a copy of the amended text and any implementing regulations, once they have been adopted.

2. Reform of the labour inspection system. The Committee understands that the BEF emphasizes the need for the legislative amendments to be accompanied by effective labour inspection so as to ensure the effective implementation and enforcement of the new legislation. In this context, the Committee notes the Government’s indications that, in view of the large number of factories and other establishments in the country, the restructuring of the labour inspection system is currently under active consideration (according to the data provided in the Government’s report, the number of (registered) factories increased from 10,500 in 2006 to 26,463 in 2011). In this regard, the Committee notes the information provided by the Government that the Ministry of Labour and Employment (MOLE) is working on a project entitled “Modernization and Strengthening of the Department of Inspection for Factories and Establishments (DIFE)”. The Committee notes that in this framework it is envisaged to: (i) restructure the organization of the DIFE, including through the establishment of additional field and regional offices throughout the country; (ii) increase the total manpower of the DIFE; (iii) improve the material means available to; and (iv) training for labour inspectors. The Committee also notes that an increase in the budget allocated to labour inspection is envisaged for this purpose. The Committee asks the Government to keep the Office informed of any measures taken or envisaged within the proposed restructuring of the labour inspection system, with a view to strengthening it.

3. Labour inspection in export processing zones (EPZs). The Committee recalls the comments previously made by the National Coordination Committee for Workers’ Education (NCCWE), according to which EPZs are totally excluded from the scope application of national labour laws, and that there is a separate Act applicable to workers in EPZs providing for limitations of inspection.

The Committee notes the Government’s indications that industrial relations in EPZs are governed by the 2010 EPZ Workers Welfare Association and Industrial Relations Act (EWWIRA) and the “1989 Bangladesh Export Processing Zones Authority (BEPZA) Instructions (1 and 2)”. It further notes that, under section 40 of the EWWIRA, so-called counsellors are responsible for the enforcement of the EWWIRA and the BEPZA Instructions, and for ensuring the rights of workers and safe and healthy working conditions. Since June 2005, 60 counsellors have been working in the different EPZs in the country, reporting directly to the “managers for industrial relations” responsible for the respective EPZs. The Committee further notes the Government’s indications that the BEPZA conducts training programmes for the members of the elected Workers Welfare Association (WWA) and for the human resources personnel of the respective enterprises, including on OSH, industrial relations, decent working conditions, grievance handling procedures and social dialogue. The Committee also notes that the BEPZA established two training institutes in Chittagong and Dhaka, among others, to raise awareness on workers’ rights and duties.

The Committee notes from the discussions during the International Labour Conference in June 2013 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by Bangladesh, that the BLA is not applicable in EPZs and that, following the expiration of the EWWIRA on 31 December 2013, the Government plans to work with the ILO to find ways of bringing EPZ areas under the purview of national labour law. It also notes the actions that are being taken with assistance from the ILO and other international organizations, a broad range of countries and enterprises in the garment sector to improve safety and health, particularly following the recent events in this sector, which resulted in the deaths of more than 1,000 workers. Noting that the EWWIRA will expire on 31 December 2013, the Committee asks the Government to provide any text governing the status and conditions of service of counsellors as well as the number of counsellors currently working in EPZs and to indicate how the Government assures them stability of employment and independence of changes of government and improper external influences. Please provide further details on the reporting lines in EPZs (in particular, the body or person accountable for “managers for industrial relations”).

Furthermore, the Government is once again requested to provide information on the activities of the bodies responsible for inspections in EPZs, by submitting relevant statistical data on labour inspection activities, including on the number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers, as well as on the number of industrial accidents and cases of occupational diseases. Please also provide information on the total number of workplaces in EPZs and the number of workers employed therein.

4. Labour inspection in the construction sector. The Committee previously noted the BFTUC’s comments that despite the high number of fatal casualties in the construction sector (106 registered deaths in 2009), a separate inspectorate or agency, as foreseen under the Bangladesh National Building Code (BNBC) of 1993, had not been established. In this regard, the Committee notes the Government’s indications that the DIFE assumes the function of inspection in the construction sector in practice, but only performs irregular inspections due to the lack of inspection staff. It further notes that only six cases of labour violations in this sector were recorded during the reporting period. The Committee once again asks the Government to indicate the measures taken or envisaged to ensure that the construction sector is inspected effectively (including the establishment of a separate inspectorate or agency as foreseen under the BNBC, the increase in the number of inspections by the DIFE, the specific training of labour inspectors, etc.) and to provide relevant statistical data on the activities undertaken in this sector.

Articles 7, 10, 11 and 16. Human and material resources of the labour inspectorate. Training of labour inspectors. The Committee notes from the data provided by the Government in its report that the number of labour inspectors has increased by approximately 20 per cent (from 155 in 2006 to 185 in 2011), the number of inspection visits has almost doubled (from 35,950 in 2006 to 61,184 in 2011), and the number of registered factories liable to inspection has more than doubled (from 10,500 in 2006 to 26,463 in 2011). The Committee also notes the general information provided by the Government on the training of labour inspectors.

The Committee further notes an upward trend in the budget allocated to the DIFE, from 36,530,000 Bangladeshi takas (BDT) in 2009–10 (approximately US$468,754) to BDT50,343,000 (US$646,002) in 2011–12, which the Government still considers to be insufficient for the effective performance of labour inspection functions (this amount makes up 7 per cent of the total budget allocated to the Ministry of Labour and Employment (MOLE)). However, the Committee notes that it is envisaged, in the framework of the proposed restructuring of the labour inspection services, to increase the budget allocated to labour inspection and to provide for improved human and material resources. The Committee once again encourages the Government to do its utmost, in the framework of the restructuring of the labour inspection services, to furnish the labour inspectorate with the resources that it needs to operate effectively, in order to ensure that the number of labour inspectors is adequate in relation to the number of workplaces liable for inspection (Article 10 of the Convention), they are provided with the material means and transport facilities necessary for the performance of their duties (Article 11) and they receive adequate training for the performance of their duties (Article 7(3)).

In this regard, the Committee asks the Government to continue to provide information on the total number of labour inspectors and their distribution at headquarters and in the districts, in relation to the number of workplaces liable to inspection and the workers employed therein. Please also provide more specific information on the training that is provided during the period covered by the Government’s next report including on the frequency, subjects and duration of training, as well as on the number of participants.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that the Government has not provided any comments in relation to the functioning of the recording of industrial accidents in practice and the presumed discrepancy between the registered numbers and actual fatalities, as indicated by the BFTUC in 2008. The Committee further notes the Government’s indications that, while it is currently working on the rules for the procedure of notification of cases of occupational diseases, in application of section 82 of the BLA, no cases of occupational diseases have yet been recorded due to the lack of staff to determine such cases and the absence of the required recording devices for this purpose. The Committee asks the Government to provide an appreciation of the functioning in practice of the reporting of industrial accidents and, where applicable, the measures taken for its improvement (awareness raising among employers concerning their obligations in this regard, sanctions imposed for non-compliance, etc.).

It asks the Government to report on progress made in the formulation of the procedural rules for the notification of cases of occupational diseases adopted pursuant to section 82 of the BLA and to provide the Office with a copy, once they are adopted. Please also provide information on any progress made in the development of a relevant system and its implementation in practice (including the recruitment of additional medical inspectors, and the conduct of, or referral for, medical exams by inspectors). In this regard, the Committee would once again like to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases, published in 1996, which contains useful guidance intended for those responsible for the reporting, recording and notification of occupational accidents and diseases and which can be found on the ILO website.

Articles 6, 12(1) and 15(c). Right of inspectors to enter workplaces freely. Status and conditions of service of labour inspectors and duty of confidentiality in relation to complaints. The Committee previously noted the repeated indications by the BFTUC that employers are informed in advance of the date of intended inspection visits. In this regard, the Committee notes the Government’s explanations that, while there is no requirement in the BLA to inform employers in advance about inspection visits, giving prior notice is in some cases necessary for the effective performance of inspections in practice (for instance, where the presence of the employer or his/her representative is required for access to registers and documents). It further notes the Government’s indications that both inspections with advance notice and unannounced visits without prior notice are regularly carried out.

The Committee also recalls its previous comments in which it emphasized, in the context of the comments made by the BFTUC and the NCCWE concerning the fear of workers to report breaches of the law for fear of reprisals, that the granting of appropriate status and conditions of service to labour inspectors, including appropriate wages and career prospects, in accordance with Article 6, and the requirement for labour inspectors to comply with the duty of confidentiality, under Article 15(c), are essential safeguards against improper behaviour.

In this regard, the Committee notes that the BLA, in its amended version of July 2013, still does not contain any legal requirement to refrain from disclosing the identity of the author of a complaint or from indicating that an inspection took place as a result of a complaint. Furthermore, the Government has not provided the Office with any text governing the conditions of service of labour inspectors, as requested. However, the Government states that labour inspectors are granted conditions similar to those of other Government employees, receive wages based on their length of service and have equal career prospects in accordance with the applicable rules, all of which ensures their stability of employment and their independence from improper external influences. In this regard, it notes the Government’s explanations, according to which, as the Committee understands them, the lack of material resources, including transport facilities and the absence of proper training, is more likely to threaten the observance of confidentiality in practice than the other factors mentioned above.

Considering all of the above, the Committee refers to paragraph 263 of its 2006 General Survey on labour inspection and recalls that the performance of a sufficient number of unannounced inspection visits in relation to inspections with prior notice is indeed necessary to enable labour inspectors to discharge their obligation of confidentiality with regard to the source of any complaint and also to prevent the establishment of any link between the inspection and a complaint (Article 15(c)). The Committee once again requests the Government to take appropriate measures to ensure that the duty of confidentiality regarding the existence of a complaint and its source is duly reflected in law and to provide information on the operation and impact of these measures in practice. It also asks the Government once again to keep the ILO informed of the progress made and to provide any text governing the conditions of service of labour inspectors. It also requests the Government to indicate the number of unannounced visits in relation to the total number of inspection visits during the next reporting period and to provide information on the results secured from unannounced visits (violations identified, sanctions imposed, compliance actions taken) in comparison to announced visits.

Articles 17 and 18. Legal proceedings and effective enforcement of adequate penalties. The Committee previously noted the BFTUC’s suggestions for the prosecution of breaches of national labour law, which included: (i) the creation of more labour courts, in addition to the seven labour courts already existing, which might be too remote from the main labour inspection office; and (ii) the recruitment of lawyers to represent inspectors in the filing and prosecuting of cases, which according to the BFTUC, is a function that is extremely time consuming. In this regard, the Committee notes with interest the Government’s information on the establishment of three additional labour courts in the three new administrative divisions Rangpur, Sylhet and Barisal.

The Committee also previously noted the observations made by the BFTUC according to which no cases involving a failure to comply with health and safety duties under the BLA 2006 have been filed in three of the seven labour courts. In this regard, the Government indicates that most cases lodged with the courts relate to OSH, and that the number of cases filed has increased (from 777 cases in 2009 to 1,096 cases in 2011). However, the Committee also notes the Government’s indications that, due to the lack of personnel and relevant data management systems, the cases filed could not be disaggregated according to the legal provisions to which they relate.

Finally, the Committee notes the Government’s indications that the increased level of penalties under the BLA 2006 has had a positive impact on industrial relations. In this regard, it notes that the number of inspection visits increased from 39,123 in 2008 to 61,184 in 2011; the number of violations detected increased from 52,423 in 2008 to 69,539 in 2011; the number of cases filed with the labour courts increased from 910 in 2008 to 1,558 in 2011; and the amount of the fines imposed increased from 1,214,000 Bangladeshi takas (BDT) in 2008 (approximately US$15,578) to BDT1,520,000 (approximately US$19,504) in 2011. The Committee requests the Government to continue to provide information on the number of violations detected (and the number of these violations relating to OSH), the corresponding fines issued and the number of cases filed with the labour courts and their outcome (number of convictions in relation to the infringements reported, amount of fines imposed, etc.).

Articles 20 and 21. Publication of an annual inspection report. The Committee notes that no annual report on the activities of the labour inspection services has been received by the Office and that the last annual report within the meaning of the Convention was communicated in 2003. The Committee notes that the BEF, like the Government in its previous report, emphasizes the importance of keeping systematic records of inspection data (number of inspections, violations detected, corrective measures ordered, outcomes of cases filed with the labour courts, statistics of occupational accidents and cases of occupational diseases, etc.) as a basis for evaluating the effectiveness of the activities of the labour inspection services. In this regard, it also notes that the Government’s indications on the need for technical assistance for the development of improved data management systems. The Committee once again asks the Government to indicate the measures taken with a view to setting up a register of workplaces liable to inspection and the workers employed therein (particularly through inter-institutional cooperation, as recommended in its 2009 general observation), and to provide information on any measures taken for this purpose, with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report in accordance with Articles 20 and 21 of the Convention.

Technical assistance. The Committee notes the Government’s indications on technical assistance needs in various areas, that is the restructuring of the labour inspectorate, the establishment of additional labour courts, the strengthening of the human and material resources, including measuring devices available to the labour inspectorate, training for labour inspectors and the development of improved data management systems. The Committee invites the Government to provide information on any action taken or envisaged related to labour inspection as a result of the technical assistance provided by the Office, particularly in the context of the programme to improve safety and health in the garment industry.

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

[The Government is asked to supply full particulars to the Conference at its 103rd Session and to report in detail in 2014.]