Night Work (Women) Convention (Revised), 1948 (No. 89) - Bangladesh (Ratification: 1972)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry), 106 (weekly rest in commerce and offices), and 89 (night work of women) together. 

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee) with respect to all the above Conventions, received on 1 September 2025.

Hours of work 

Article 6(2) of Convention No. 1. Compensation. The Committee notes that the TU-ILS Committee indicates in its observations that in tannery, bookbinding, and printing factories, work beyond eight hours is often not recognized as overtime and therefore is not properly compensated. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that payment of overtime hours is provided in practice in all circumstances at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted to the workers concerned.

Weekly rest 

Article 2 of Convention No. 106. Scope of application. In its previous comments, the Committee noted that section 4(1)(a) of the Bangladesh Labour Act, 2006 (BLA) excludes from its scope of application governmental offices. The Committee observes that this provision is still in force. The Committee also notes that section 4(1)(b), (e) and (f) of the BLA excludes from its application security printing press, shops or stalls in any public exhibition or show which deal only in retail trade, and shops or stalls in any public fair or bazaar established for religious or charitable purposes. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Convention are given full effect regarding workers employed in establishments that are excluded from the BLA.

Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106. Right to weekly rest. In its observations, the TU-ILS Committee indicates that section 103(a) of the BLA, which provides for one day of weekly rest in industrial establishments and one day and a half in shops and other establishments, does not explicitly require that this rest is uninterrupted, leaving room for potential violations, especially in sectors with shift work. The Committee requests the Government to provide its comments in this respect. It also requests the Government to indicate how this provision is applied in practice to ensure that all workers enjoy at least 24 uninterrupted hours of rest per week.

Article 2(2) and (3) of Convention No. 14 and Article 6(2) and (3) of Convention No. 106. Uniformity of weekly rest. Respect for traditions and customs. Further to its previous comments, the Committee notes that according to section 114(2) of the BLA and section 100 of the Bangladesh Labour Rules, 2015 (BLR), the weekly rest day may vary from area to area and may be changed in the public interest. In its observations, the TU-ILS indicates that in factories, workers are often sent on leave in small groups when workloads are low, while in printing and bookbinding industries, there is no fixed weekly rest day. The TU-ILS Committee emphasizes the need to align the granting of weekly rest with local religious and social customs to promote worker well-being and social cohesion. The Committee recalls that the principle of uniformity enshrined in Article 2(2) of Convention No. 14 and Article 6(2) of Convention No. 106 refers to the collective character of weekly rest with a view to ensuring, wherever possible, that it is taken at the same time by all workers on the day established by tradition or custom (2018 General Survey on working-time instruments, para. 202). The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on how it ensures that weekly rest is, whenever possible, granted simultaneously to the whole of the staff of each undertaking and so as to coincide with the days already established by the traditions or customs of the country or district, as required in Article 2(2) and (3) of Convention No. 14 and Article 6(2) and (3) of Convention No. 106. 

Article 5 of Convention No. 14 and Article 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee notes that under section 104 of the BLA workers may, subject to consultation with the representatives of the collective bargaining agent or participation committee, work on the weekly rest day and a compensatory rest day can be added to the festival holiday. In this regard, the Committee recalls the importance of granting compensatory rest within an appropriate lapse of time in order to protect workers’ health and safety and their participation in family life (2018 General Survey concerning working-time instruments, para. 918). The Committee requests the Government to indicate how it is ensured that workers are not required to work excessively long periods without enjoying the weekly rest to which they are entitled.

Night work for women 

Article 3 of Convention No. 89. Prohibition on night work for women. Maternity protection. The Committee notes that, pursuant to section 109 of the BLA and section 103 of the BLR no women shall, without her consent, be allowed to work in an establishment between ten o’clock in the evening and six o’clock in the morning. It also notes that section 46 of the Bangladesh Export Processing Zone Labour Act, 2019 (EPZLA) provides that no female worker shall, without her consent and the consent of the Additional Inspector General of concerned Zone, be allowed to work in any enterprise between eight o’clock in the evening and six o‘clock in the morning. The Committee observes that there is no general prohibition against the employment of women at night, if they so consent. The Committee also observes that there are no provisions concerning the protection of women night workers, in relation to maternity. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work and emphasizing the importance of women night workers who are in this situation being provided with alternative work (2018 General Survey concerning working-time instruments, para. 545), the Committee requests the Government to provide further information on measures taken or envisaged to protect women night workers with regard to maternity. The Committee also recalls that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

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

Article 3 of the Convention. Prohibition of night work for women. The Committee recalls its previous comment in which it noted that, following the adoption of the Labour Act 2006, the prohibition against the employment of women during the night has been significantly relaxed to the extent that women may not be employed without their consent between 10 p.m. and 6 a.m., which implies that they may freely decide to hold night jobs if they so wish. The Committee also drew attention to the fact that action was needed with regard to the outdated Night Work (Women) Convention, 1919 (No. 4), which had not yet been denounced, and therefore the Government remained formally bound by that instrument. In its reply, the Government indicates that, in accordance with the Labour Act, special attention is paid to the protection of women when they are employed during night-time. The Government adds, however, that since the provisions of the Labour Act give effect to Convention No. 89, it does not matter if no action is taken with regard to the original Convention No. 4. The Committee observes, in this respect, that in its current reading section 109 of the Labour Act is not in conformity with either the general prohibition against women’s night work laid down in Article 3 of the Convention or the definition of the term “night” as a period of at least 11 consecutive hours set out in Article 2 of the Convention. In addition, as regards Convention No. 4, the Committee considers that the Government should take the necessary action to remove any contradiction between its international obligations arising from ratified Conventions, that might have grown outdated over time, and domestic legislation in the interest of preserving a coherent body of international labour standards and maintaining a meaningful dialogue with the Organization’s supervisory organs. In this connection, the Committee recalls that Convention No. 89 will again be open to denunciation as from 27 February 2021, while Convention No. 4 may be denounced at any time. The Committee once again invites the Government to give favourable consideration to the ratification of Convention No. 171, and to keep the Office informed of any steps taken with respect to Conventions Nos 89 and 4.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes that following the adoption of the new Labour Act 2006, the general prohibition against the employment of women during the night has been removed. According to section 109 of the Labour Act, women may not be employed without their consent between 10 p.m. and 6 a.m., which of course implies that female workers can henceforth make their own free decisions as to whether they wish to perform night work. The Committee is therefore obliged to conclude that the Convention is no longer given effect in either law or practice.

Under the circumstances, and while noting that the Government is currently in the process of finalizing the Rules under the new Labour Act, the Committee wishes to draw the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee once again invites the Government to consider the possibility of ratifying Convention No. 171 and to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and, therefore, action needs also to be taken in this regard. In its General Survey of 2001 on the night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. The Committee, therefore, strongly encourages the Government to take appropriate action in respect of obsolete Convention No. 4.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee recalls its previous observation in which it noted the Government’s indication that the Tripartite Consultative Council has recommended the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89), and that the matter should then be referred to the Cabinet and the respective Parliamentary Commission for examination. The Committee notes that, according to the Government’s report, there have been no further developments in this regard.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee requests the Government to keep it informed of any progress made or decisions taken in this regard. Finally, the Committee would be grateful to the Government for providing in its next report, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comment, the Committee notes the Government's report. It notes the Government's indication that the Tripartite Consultative Council has recommended the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948. This recommendation will therefore be submitted to the Cabinet and the respective Parliamentary Commission.

The Committee requests the Government to provide information on any developments in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. It also notes the comments of the Bangladesh Employers' Association, which were attached to the Government's report, to the effect that the Government should consider ratifying the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948.

The Committee requests the Government to supply information on any development in this respect.