Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Bangladesh (Ratificación : 1972)

The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) and the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 1 September 2025.

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 353rd Session (March 2025), taking note of the report submitted by the Government on 4 February 2025 on the progress made with the implementation of the road map of actions, the Governing Body: (a) urged the Government of Bangladesh to fully commit to a timely implementation of its road map of actions in all its priority areas and take all necessary action to that effect; (b) welcomed the measures taken by the Government to advance the labour reform agenda and encouraged the Government and the social partners to pursue 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 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 356th Session (March 2026); and (d) deferred the decision on further action in respect of the complaint to that session. (GB.353/INS/9(Rev.1)/Decision)

Legislative developments. Following its previous comments, the Committee notes with interest the adoption of the Bangladesh Labour Act (Amendment) Ordinance 2025, amending the Bangladesh Labour Act, 2006 (BLA). According to the report of the Government, these amendments were adopted following consultations with relevant stakeholders. The Government also states that significant progress has been made to amend the Bangladesh Export Processing Zone (EPZ) Labour Act, 2019 (ELA), and that as at June 2025, the Tripartite Standing Committee has convened three meetings to review amendment proposals. The Committee further notes the launch of the joint Two-year Action Plan 2025–27 to align the ELA with ratified ILO Conventions and the Government’s indications on the ILO’s technical assistance provided in the context of its legislative reforms. The Committee recalls the importance of enacting reforms to both the BLA and the ELA and requests the Government to continue to provide information on legislative developments, including on the implementation of the Two-year Action Plan 2025–27 and on amendments to the Bangladesh Labour Rules. The Committee expects that the legislative amendments will take into account all the outstanding issues concerning the application of the Convention raised by the Committee in these comments.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and Special Economic Zones (SEZs). Following its previous comments regarding the application of section 34 of the Bangladesh Economic Zones Authority Act, 2010 (BEZA Act), the Committee notes the Government’s indication that the BLA is now fully applicable in SEZs and that inspectors of the Department of Inspection for Factories and Establishments (DIFE) can carry out tests, examinations, or inquiries beyond the inspection checklist, if deemed necessary. The Committee notes that, according to the Government, segregated data is not yet systematically compiled, but the DIFE has conducted approximately 68 inspections in EPZs during the reporting period, identifying 1,000 violations. The Government further indicates that, over a period ending in June 2025, the DIFE inspected 267 factories, of which 82 were announced and 185 unannounced inspections, covering 414,821 workers. In this respect, the Committee also notes the observations of the TU-ILS Committee, which: (i) indicate that the DIFE’s inspections and enforcement actions often appear to disproportionately target small enterprises; (ii) consider that the inspection regime remains fragmented, and that section 168 of the ELA continues to restrict labour inspectors by requiring authorization from the Bangladesh Export Processing Zone Authority (BEPZA) prior to inspections; and (iii) question whether labour inspectors have authority to conduct test or examinations beyond those approved in the BEPZA-approved checklists. The Committee requests the Government to provide its comments in response to these observations. The Committee also requests the Government to continue to take measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs without restrictions, including through legislative reforms amending the ELA, to ensure legal certainty. It requests the Government to continue to provide information on how the DIFE conducts labour inspections in EPZs, including on the number of announced and unannounced inspections conducted.

Articles 5(b) and 15(a). Cooperation with employers and workers. Impartiality of labour inspectors. Following its previous comments regarding investigations into labour inspectors for issues of impartiality, the Committee notes the Government’s indication that the latest amendments to the BLA transfers some functions of OSH inspectors, such as licensing and conciliation, to other designated roles, to reduce administrative burdens and strengthen the impartiality and credibility of the inspection system. In this regard, the Committee notes that the BLA, as amended, provides for the establishment of an alternative dispute resolution authority for the settlement of individual and collective disputes, under section 348C of the BLA. The Government also refers to the establishment of a disciplinary cell to investigate allegations of misconduct, including the completion of investigations into four cases that resulted in disciplinary actions.

Regarding collaboration with the social partners, the Committee notes the Government’s indication that the labour inspection checklist includes a task for labour inspectors to consult with workers’ representatives during inspections. The Committee nevertheless notes the TU-ILS Committee’s observations that there is: (i) a low reporting rate for cases of corruption, due to fear of reprisal or lack of trust in the follow-up; and (ii) insufficient structured mechanisms to ensure stakeholder engagement. The Committee requests the Government to provide its comments in respect of these observations. The Committee also requests the Government to continue to take the necessary measures to ensure the full application of Article 15(a) of the Convention, in law and in practice. The Committee requests the Government to pursue its efforts in strengthening collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Articles 7, 10 and 11. Human and material resources of the Labour Inspectorate. Training. The Committee notes the Government’s indication that, according to the labour inspection assessment conducted in 2025 with the technical assistance of the ILO, the DIFE’s resources remain insufficient and that enhanced inspector training is recommended. The BEF, in its observations, also considers it beneficial to strengthen the training of the DIFE inspectors. The Committee notes the Government’s indication that measures under way include institutionalizing the National Occupational Safety and Health Training and Research Institute as a permanent OSH training centre and strengthening the DIFE’s legal unit for case preparation and follow-up. Regarding the number of staff, the Committee notes the Government’s indication that there are currently 432 labour inspectors for 724 approved positions (compared to 442 labour inspectors employed in 2024). The Government further indicates that the DIFE continues to face practical and legal challenges in recruitment and retention, and that expanding the grades available to labour inspectors is expected to improve retention within the inspectorate. The Committee also notes the observations of the TU-ILS Committee that the high vacancy rate among approved inspector positions remains a structural challenge. The Committee once again requests the Government to strengthen its efforts for the recruitment of the approved labour inspector positions, to ensure the effective application of Article 10 of the Convention.The Committee requests the Government to continue to indicate the measures taken in this regard, including the number of labour inspectors in the DIFE compared to the number of approved posts, and to provide further information on measures taken to ensure that labour inspectors are adequately trained for the performance of their duties.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. The Committee notes with interest that section 319 of the BLA has been amended, to provide that the Chief Inspector, Deputy Chief Inspector, Assistant Chief Inspector and inspectors can, with necessary assistance and at any reasonable time, enter, inspect, investigate, and conduct examinations in any place, premises, vessel, or vehicle considered or used as an establishment, with prior notice to the authority or without such notice, in accordance with the prescribed Standard Operating Procedure. The Committee also notes with interest the insertion of a new section 319A in the BLA, setting out the duty of confidentiality of labour inspectors in relation to complaints.

Regarding application in practice, the Committee takes due note of the Government’s indication, in response to the Committee’s previous comments, that the DIFE conducted a total of 44,853 inspections in the period 2024–25, of which 8,926 were announced and 35,927 were unannounced (compared to 25,161 announced and 23,226 unannounced inspections in 2023–24). The Government indicates that 816,499 labour law violations were identified in that period. Moreover, the Committee notes the Government’s indication that, through Strategic Compliance Planning, the DIFE has carried out inspection initiatives in targeted high-risk sectors such as the construction sector, rice mills, bakeries, and steel rerolling. The Government indicates that once the Labour Inspection Management Application (LIMA) 2.0 is rolled out, it will enable disaggregated reporting by sector, type of violation, and enforcement outcomes. Regarding the confidentiality of complaints, the Committee notes that, according to the Government, workers can submit complaints anonymously through the toll-free helpline of the DIFE, or through the LIMA system, using a dedicated complaint submission form, where anonymity can be selected. The Government indicates that where anonymity is selected in the form, the inspectors will ensure full confidentiality throughout the investigation process. Nevertheless, the Committee notes that, according to the TU-ILS Committee, workers’ awareness of complaint mechanisms remains limited and that there continues to be risks of retaliation against workers who submit complaints. The Committee requests the Government to provide its comments in response to these observations. Taking due note of the information provided, the Committee requests the Government to continue to provide information on inspections carried out (disaggregated by announced and unannounced visits) and on the number of complaints submitted in practice.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. Following its previous comments, the Committee notes with interest the newly adopted amendments to provisions of the BLA pertaining to penalties, including amendments to sections 266, 283, 284, 285, 286, 289 and 290 of the BLA, which increase the amounts of fines for various offences. The Committee also notes that a section 319(5A) of the BLA, as amended in 2025, provides that the Government shall formulate Standard Operating Procedures to ensure a uniform process for taking subsequent actions, monitoring, and filing cases in the Labour Court in cases of violations of the law by the management authority. In response to its previous comments, the Committee also notes the Government’s indication that the legal unit of the DIFE remains staffed by two legal officers. There is also one inspector and one office assistant. The Government indicates that legal officers mainly handle cases at the level of the Supreme Court, while labour inspectors handle the cases in labour courts. In this regard, the Committee notes the observations of the TU-ILS Committee, indicating that there is limited capacity within the DIFE’s legal unit and insufficient follow-up on inspection-related cases. Furthermore, the TU-ILS Committee alleges that employers frequently ignore hearing notices, with no consequences, and that the DIFE lacks the authority to compel attendance. On the issue of labour courts, the Committee notes the Government’s statement that it is still working to add two additional courts to the existing 13 that are currently operational. The Committee requests the Government to continue to take all the necessary measures to ensure that penalties for violations of legal provisions enforceable by labour inspectors are adequate as well as effectively enforced, in accordance with Article 18 of the Convention. It requests the Government to provide information in this regard, including on the number of cases filed by labour inspectors and their follow-up. The Committee also requests the Government to provide further information on the application of Standard Operating Procedures and its impact on labour inspectors’: (i)ability to initiate prompt legal proceedings without previous warning, in accordance with Article 17(1); (ii) and discretion to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17(2) of the Convention.

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