Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 11 October 2024. The Committee also notes the observations from the Bangladesh Employers’ Federation (BEF) communicated with the Government’s report. The Committee requests the Government to provide its comments with respect of both observations.

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 352nd Session (October–November 2024), taking note of the report submitted by the Government on 24 September 2024 on the progress made with the implementation of the road map of actions and mindful of the recent political changes which led to an interim Government, the Governing Body: (a) urged the Government to fully commit to a timely implementation of its road map of actions and take all necessary action to that effect; (b) welcomed the commitment expressed by the Government to a labour reform agenda and called on the Government and the social partners to reinforce their tripartite consultations on the labour law reform in a constructive manner with a view to bringing about all necessary reforms as a matter of priority, with the ILO technical assistance and the support that could be provided by the secretariats of the Employers’ and Workers’ groups; (c) requested the Government to report by 15 January 2025 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 for transmission to the Governing Body at its 353rd Session (March 2025); and (d) deferred the decision on further action in respect of the article 26 complaint to that session (GB.352/INS/14(Rev.2)/Decision).

The Committee notes the recent political changes which led to an interim Government. It also takes note of the additional information provided by the Government on 24 September 2024 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 comment, the Committee notes the Government’s indication in its progress report on the implementation of the road map that, after the President sent back to Parliament the proposed amendment of the Bangladesh Labour Act, 2006 (BLA) at the end of 2023 with certain observations and he advised the Tripartite Law Review Committee (TLRC) to discuss the scope for further improvements, the Labour Law Working Group of the Ministry of Labour and Employment (MoLE) has been working on preparing a new draft. The Government indicates that the proposed amendments will soon be discussed in the TLRC and will then be placed before the National Tripartite Consultative Council (NTCC); following the NTCC approval, the proposed amendment would then be sent to Cabinet. With regard to the amendments of the Bangladesh Export Processing Zone (EPZ) Labour Act, 2019, the Government indicates that a Tripartite Standing Committee consisting of equal number of representatives from employers and workers has been re-established to work on proposals and has conducted two meetings in February 2024. In addition, the Government indicates that between August 2022 and December 2023, the Bangladesh Export Processing Zone Authority (BEPZA) has conducted several stakeholders meetings. While noting these developments, the Committee recalls the importance of enacting long-needed reforms to both the BLA and the EPZ Labour Act.The Committee once againexpects 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, including copies of all amendments when they are enacted. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and SpecialEconomic Zones (SEZs). Following its previous comment, the Committee notes with interest the Government’s indication that section 34 of the BEZA Act, 2010 has been amended to make the BLA applicable to SEZs. The Government notes that BEZA received approval to establish 97 economic zones countrywide, comprising 68 Government and 29 private SEZs. Therefore, according to the Government, this amendment will bring around 60,000 workers under the BLA, and also entails the right of the Department of Inspection for Factories and Establishments (DIFE) to conduct inspections. The Committee notes that the amended section 34 of the BEZA Act, 2010 establishes that the provisions of the Bangladesh Labour Act 2006 shall, with necessary changes, apply to the economic zones established under the Act.

With regard to DIFE inspections to EPZs, the Government reiterates that: (i) inspectors are empowered to inspect establishments in the EPZs without any prior permission of the BEPZA; and (ii) according to section 290 of Bangladesh EPZ Labour Rules, 2022, DIFE will only provide a notification either in writing or verbally to BEPZA about the inspection. The Government indicates that as of June 2024, DIFE inspected 144 factories within EPZs, and out of the first 139 inspections, 26 were announced inspections and 113 unannounced. In addition, the Inspector General (IG) of the DIFE inspected EPZ factories in six instances. During such inspections, the Government indicates that there was overall compliance of the factories concerned and that DIFE provided some observations on improvement of the service book management, maintenance of first aid boxes, updating of the safety committee register, and so on. The Government also indicates that the inspections covered 245,935 workers and that there are about 486,000 workers in the eight EPZs. The Government adds that in the first six months of 2024, BEPZA inspectors conducted a total of 4,244 inspections and found overall compliance. The Committee requests the Government to provide information on the number of inspections conducted by DIFE in SEZs, as well as the number and nature of violations found, and the sanctions imposed.It also requests the Government to provide information on the practical application of the amended section 34 of the BEZA Act, 2010, particularly indicating any changes in the application of the BLA with respect to SEZs. 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 without any restrictions. In this respect, and the interest of legal certainty, the Committee requests the Government to adopt the necessary measures to amend 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. Noting the Government’s indication that DIFE uses the inspection checklist for inspections in EPZs, the Committee requests once again the Government to indicate whether inspectors 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. The Committee requests the Government to continue to provide detailed information on the number of inspections in the EPZs undertaken by the DIFE that were announced, as compared with those that were unannounced, the number and nature of violations detected, and the measures taken as a result of such violations.

Articles 5(b) and 15(a). Cooperation with employers and workers. Impartiality of labour inspectors. In reply to the Committee’s previous comment concerning the Hashem Food Factory incident in 2021, the Government indicates that a fire broke out only in one of seven buildings (the last of the premises) and that after the accident the affected building was closed and remains closed.

Regarding the TU-ILS Committee’s previous observation concerning the predominance of inspections in small establishments and shops instead of factories because of the alleged informal relationships between factories and labour inspectors, the Government denies these allegations. It indicates that an Annual Performance Agreement (APA) that sets inspections targets is signed between MoLE and DIFE and includes the numbers of inspections in relation to factories, small and medium enterprises, shops and establishments. The Government also provides disaggregated figures of inspections carried out between July 2023 and June 2024 in relation to the type of establishment and indicates that DIFE inspectors use the Labour Inspection Management Application (LIMA) which makes it possible to verify the distribution of inspections. The Government further reiterates that any written allegation of corruption or undue exercise of power is investigated.

Concerning measures taken to further improve collaboration between officials of the labour inspectorate and employers and workers or their organizations, the Government refers to the provisions of the BLA which provide for the cooperation of inspectors with safety committees and for the cooperation with employers and workers or their organizations and to the framework of coordinated monitoring of building safety in the ready-made garment (RMG) sector established between the ready-made garment Sustainability Council (RSC) and DIFE. While taking note of this information, the Committee requests once again that the Government provide details of 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, including with regard to anonymous complaints submitted orally or in writing. The Committee also requests the Government to continue to take measures to further improve collaboration between officials of the labour inspectorate and employers and workers or their organizations, and to provide detailed information in this respect.

Articles 10 and 11. Human and material resources of the labour inspectorate. In reply to the Committee’s previous comment, the Government indicates that, as of June 2024, DIFE has 1,129 approved positions (993 in 2021), of which 724 are for inspectors (575 in 2021), and that currently 442 inspectors are employed (314 in 2021). The Committee notes the Government’s indication that, in order to fill the 282 vacancies, requisitions for the recruitment of 153 inspectors were sent to the Bangladesh Public Service Commission and that the process for filling 101 vacant positions through promotion of labour inspectors is ongoing. While noting this information, the Committee also notes that the number of vacancies continues to constitute approximately 40 per cent of approved positions, and it requests the Government to strengthen its efforts to increase the number of labour inspectors through recruitment and promotion and to indicate the practical and legal challenges encountered in this process. 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.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. Following the Committee’s previous comment, the Government indicates that DIFE conducted a total of 48,387 inspections in 2023–24, with 25,161 announced and 23,226 unannounced inspections. In the same period, a total of 5,797 inspections were carried out as a result of complaints, and of these, 5,550 were settled (96 per cent). The Government further indicates that during 2023–24 a total of 48,472 inspections were carried out by DIFE in sectors which fall outside the scope of BLA. The Government further indicates that there were 329,537 violations identified during unannounced inspections, 402,768 during announced inspections and 22,388 during inspections in relation to complaints. With regard to the nature of the violations identified, the Government indicates that they related to wages, retrenchments, the absence of an identification card and the lack of appointment letters as well as to issues in relation to leave and occupational safety and health, although it does not indicate the distribution of violations across these six categories. With regard to the methods used to submit anonymous complaints, the Government indicates that, in addition to the helpline, workers can submit complaints to DIFE through emails and letters. While noting this detailed information, the Committee requests the Government to continue to provide statistics on the number of inspection visits disaggregated between announced and unannounced inspections, with information on the number and nature of violations found in response to each category of inspection visit and also the number of violations found in each major category. The Committee requests the Government to continue to take measures to ensure the confidentiality of complaints, and to indicate how workers can maintain their anonymity when submitting complaints through the helpline or the LIMA system. The Committee also requests the Government to indicate the number of complaints submitted, the number of those investigated by the inspectors and the outcome of those investigations, including sanctions imposed. Lastly, the Committee requests the Government to indicate which sectors falling outside the scope of the BLA were subject of inspections by DIFE.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. In reply to its previous comment, the Committee notes the Government’s indication that one additional legal officer joined the legal unit of the DIFE in December 2023. Therefore, this unit is now composed of two legal officers, one inspector with legal background and other administrative staff. With regard to the penalties for violations, the Government indicates that the ongoing review of the BLA may provide for an increase of penalties. The Committee notes that, following violations identified by inspectors in 2023–24, 1,386 cases were filed to the courts but that there is no information on the number and amount of fines imposed. The Government also indicates that, to clear the backlog of legal cases, since 2019 six new labour courts have been established. The Government adds that considering the proximity to the existing labour courts, the number of industries and number of pending cases, the previously proposed labour court in Faridpur was not established but that the creation of new labour courts in Mymensingh and Cox’s Bazar are in progress. The Committee requests the Government to continue to pursue its effortsto fill the remaining 7 positions of legal officers in the legal unit of the DIFE. The Committee also requests the Government to provide information on the role of the legal unit of the DIFE in the application and enforcement of sanctions. The Committee urges once again the Government to take measures to ensure that penalties for labour law violations are sufficiently dissuasive and to clear the backlog of labour cases. The Committee further requests the Government to continue to provide statistics on the number of fines imposed, on the outcome of the judicial proceedings initiated by inspectors and the follow up of court decisions by inspectors. The Committee also requests the Government to provide information on any progress made in the establishment of new Labour Courts.

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