Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Bangladesh (Ratification: 1972)

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The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), communicated with the Government’s report. The Committee also notes the reply of the Government to the observations submitted by the TU-ILS Committee in 2022.

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 349th Session (November 2023), taking note of the report submitted by the Government on 19 September 2023 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 350th Session (March 2024); and (ii) defer the decision on further action in respect of the complaint to that session or any subsequent session.

The Committee takes note of the additional information provided by the Government on 19 September 2023 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. Following its previous comments on the labour law reform, the Committee notes the Government’s indication in its report that the tripartite working group, headed by the Joint Secretary of Labour, has finalized a draft amendment of the Bangladesh Labour Act, 2006 (BLA) and submitted its recommendations to the Tripartite Law Review Committee (TLRC). According to the Government, the amendment process is expected to be completed by December 2023, and it “will be more [in] compliance with ILO labour Standards.” The Government further indicates that the Bangladesh Export Processing Zone Authority (BEPZA) has formed a 15-member tripartite committee, responsible for amending the Export Processing Zone (EPZ) Labour Act, 2019 and that technical notes were prepared on the EPZ laws with the technical support from the ILO, with discussions being held to hold consultative workshops on their content. The Committee nevertheless notes the observations of the TU-ILS Committee, that there has been no agreement reached on 51 issues discussed by the TLRC. The Committee notes that the forthcoming legislative amendments provide an opportunity to resolve once and for all the outstanding issues of compatibility with the Convention. Noting also the trade union’s observations,the Committee expects that the amendments to the BLA and the EPZ Labour Act will take into account all the outstanding issues concerning the application of the Convention raised by the Committee in these comments, and requests the Government to continue providing detailed information on the progress of its legislative reform.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and special economic zones (SEZs). Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 290 of the EPZ Labour Rules of 2022, labour inspectors of the Department of Inspection for Factories and Establishments (DIFE) are only required to give written or oral intimation to the Executive Chairman of the BEPZA to conduct inspections in the EPZs, and do not need prior approval. The Government indicates that the BEPZA is currently working on the revision process of the EPZ Labour Act, in consultation with social partners and stakeholders, and that the Act will be amended by 2025. The Committee also notes the EPZ inspection checklist communicated by the Government. The Committee further notes the indication by the Government that as of July 2023, the DIFE has inspected 52 factories within EPZs with the overall compliance of the factories concerned having been found to be satisfactory in general.The Committee requests the Government to continue to take the necessary measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs and SEZs without any restrictions, including by amending section 168 of the EPZ Labour Act which provides that DIFE inspectors are required to receive approval from the Executive Chairman of the BEPZA prior to the inspection of EPZs. In addition, the Committee requests the Government to indicate whether labour inspectors of the DIFE can carry out tests, examinations, and enquiries that are not covered by the EPZ inspection checklist but that they consider necessary to verify the strict observance of the relevant legal provisions. In the absence of information in this regard, the Committee once again requests the Government to provide detailed information on the number of inspections in the EPZs and SEZs undertaken by the DIFE that were announced, as compared with those that were unannounced, the number and nature of violations detected in each group, and the measures taken as a result of such violations. The Committee also requests the Government to indicate the number of workers employed in the EPZs and SEZs and those covered by the 52 inspection visits indicated by the Government.

Articles 5(b) and 15(a). Cooperation with employers and workers. Impartiality of labour inspectors. Following its previous comments, the Committee notes that the Government denies all previous allegations of the TU-ILS Committee regarding corruption and political or undue pressure on labour inspectors during inspections. The Government further states that there are institutional mechanisms in place to deal with malpractice, and that any written allegation of corruption or undue exercise of power would be investigated. Regarding the Hashem Food Factory incident in 2021, the Government indicates that the inspection occurred during the COVID-19 lockdown, and that the focus was on preventing the spread of COVID-19. The Committee also notes, however, that according to the TU-ILS Committee, factory operations at the Hashem Food Factory restarted soon after without the necessary changes, and that labour inspectors of the DIFE visit small establishments and shops instead of factories, because of the informal relationships between factories and labour inspectors. The TU-ILS Committee also alleges that labour inspectors do not sufficiently collaborate with the ready-made garment Sustainability Council (RSC) and that the National Industrial Health and Safety Council, which has identified 5,000 factories requiring safety changes, does not have workers’ representation. The Committee requests the Government to provide its comments in respect of each of these observations. In addition, the Committee requests information on any instance in which inspectors were investigated for charges of being corruptly or politically influenced in the performance of their duties, and the results of any such investigations. The Committee also requests the Government to take measures to further improve collaboration between officials of the labour inspectorate and employers and workers or their organizations.

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. Following its previous comments, the Committee notes that, according to the Government, as of 30 June 2023, there are 711 sanctioned posts compared to 575 sanctioned posts in 2022, of which 396 posts are filled (366 noted in 2022). The Government also indicates that there are 133 posts to be filled by promotion (2 for joint inspector-general and 131 for assistant inspector general). The Committee notes the statistics provided regarding the number of inspection visits conducted in the year 2022–23, with 47,826 inspection visits in total. Regarding material resources, the Committee notes that the statistics provided by the Government are similar to those of 2022, and that the labour inspectors have at their disposal two cars (previously five), three jeeps, 27 microbuses, 158 motorcycles, 40 scooters, 292 laptops and 339 desktop computers. The Government also indicates that the annual budget allocated for the DIFE has increased almost ten times since 2013 from 56.12 million Bangladeshi taka to 524.1 million taka in 2023. Noting that a considerable number of labour inspectors’ posts remain vacant,the Committee requests the Government to intensify its efforts toincrease the number of labour inspectors through recruitment and promotion of inspectors. The Committee requests the Government to continue to provide statistics on the number of labour inspectors in the DIFE, including the number of posts filled by recruitment of new labour inspectors and those filled by promotion.

Article 6. Status and conditions of service of labour inspectors. Following its previous comments, the Committee notes the information provided by the Government on the current workforce of the DIFE, including the number of approved and filled posts for inspectors, and the information comparing the remuneration and conditions of employment of labour inspectors with tax collectors and the police. The Committee takes note of this information, which addresses its previous request.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. Following its previous comments, the Committee notes the statistics provided by the Government concerning the number of inspection visits conducted by labour inspectors of the DIFE in the year 2022–23. In particular, the Government indicates that a total of 47,826 inspections were conducted in 2022–23, with 19,229 announced and 28,597 unannounced inspections, out of which 3,150 were conducted by the DIFE as a result of a complaint. Regarding the confidentiality of complaints, the Committee notes the Government’s indication that complaint boxes are set up during inspections outside the range of camera surveillance, to allow workers to submit complaints anonymously. In addition, the Government indicates that workers can submit grievances against DIFE officials in cases where union members or workers who submitted a complaint face negative consequences from labour inspectors disclosing information. The Committee also notes the observations of the TU-ILS Committee, that: (i) there should be more unannounced inspections; (ii) labour inspectors may not conduct inspection visits at night; and (iii) there are limitations to the scope of labour inspection, as labour inspectors may not inspect sectors falling outside the scope of BLA. The Committee requests the Government to provide its comments in respect of these observations. The Committee further requests the Government to continue to provide information on the number of inspection visits disaggregated between announced and unannounced inspection visits, separately noting the number of inspections resulting from complaints, along with information on the number and nature of violations found in response to each category of inspection visit. The Committee requests the Government to continue providing statistics on the use of the helpline and other mechanisms to submit anonymous complaints, including the number of inspections conducted as a result of a complaint and the outcome of such inspections.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. Following its previous comments, the Committee notes that, according to the Government, the legal unit of the DIFE is fully functional and has one Legal Officer (with another who has yet to join), an inspector and other staff members. The Committee also notes the statistics provided by the Government indicating that in the year 2022–23, there were 495 cases solved in court with fines imposed in all of them, that the total amount of money collected from fines was 1,163,667 taka, equivalent to US$10,559 or an average of US$21.33 for each case where a fine was imposed, and that 653 cases are still pending. The Committee notes the Government’s indication that increasing penalties for relevant violations is being considered in the labour law reform. The Committee notes that, according to the additional information provided by the Government concerning the implementation of the third priority area of the road map of actions, a proposal to set up a fully-fledged Labour Court in Faridpur is currently awaiting approval. Noting that the Government had previously indicated that the legal unit would be expanded to nine officers, the Committee requests the Government to pursue its efforts to fill in the posts of the legal unit of the DIFE. The Committee urges the Government to take measures to ensure thatpenalties for labour law violations are sufficiently dissuasive and to clear the backlog of labour cases. The Committee further requests the Government to provide statistics on the number of violations detected by labour inspectors, and the provisions to which they relate. The Committee also requests the Government to provide information on any progress made in the establishment of a Labour Court in Faridpur.

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 2024.]