Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Bangladesh (Ratification: 1972)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Bangladesh (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. For many years, the Committee has been referring to certain provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, which impose restrictions on termination of employment by any person employed by the central Government and in essential services, punishable with sanctions of imprisonment. It noted the Government’s information that the above Acts entitle the Government to restrict the sudden termination of the labour relation with an employee only if he/she is engaged in such employment or class of employment which is deemed as essential to the Government, aimed at ensuring the delivery of certain services, which if obstructed would affect the normal life of the people. However, the Committee observed that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, prohibit the termination of employment by workers in essential services without the previous consent of the employer, even if a notice has been given. The Committee therefore requested the Government to repeal the abovementioned provisions so as to bring national legislation into conformity with the Convention.

The Committee notes the Government’s information in its report that the provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958 have never been used in practice. Moreover, section 27 of the Labour Act, 2006 ensures the freedom for all workers to terminate their employment with notice. Referring to paragraph 290 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls, that without being limited to cases of emergency within the meaning of Article 2(2)(d) of the Convention, statutory provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention. While having noted that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, are not being applied in practice, the Committee expects that the appropriate measures will be taken in the near future in order to formally repeal these provisions, so as to bring the national legislation into conformity with the Convention and indicated practice.