Despite pledging to achieve SDGs by 2030, both industrialists and the government have not prioritised the crucial matters of enhancing worker protection and upholding their rights.
Thousands of workers have been waiting for justice from labour courts of the country, mainly due to slow trial proceedings and negligence of officials as well as lawyers.
Consequently, those seeking justice endure years of hardship due to the backlog. Many workers are even reluctant to pursue their rights through the courts, citing the associated difficulties.
Labour court sources said that currently, the country's labour courts are grappling with a backlog of 23,830 pending cases. Among these, around 11,000 cases are concentrated in the Gazipur court. Additionally, there are approximately 600 cases awaiting resolution at the Labour Appellate Tribunal (LAT).
According to the Bangladesh Labour Act, 2006, the cases should be disposed of within 60 days. If the cases cannot be disposed of within 60 days, the court can extend the deadline for another 90 days with a valid reason.
On the contrary, victims say there is a rare example of finishing a trial in any labour case within the stipulated 150 days.
The eighth goal of Sustainable Development Goal (SDG) states protecting labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.
Talking to The Business Post, advocate Md Salim Ahsan Khan said, “The cases filed by labourers are increasing vastly due to industrial dispute where most cases are wage related. Labourers don’t get their wages from their respective companies for long. Even workers are sacked mentioning that not to maintain labour law.”
Labour act should be labour friendly
Speaking at a stakeholders’ meeting titled “Recommendations on the Amendment of Bangladesh Labour Act, 2006” on Thursday, the programme officer of Solidarity Centre-Bangladesh Mohammad Nazrul Islam said the Labour act should be labour friendly to ensure their rights.
The recommendations from experts and leaders of trade unions should be consider in labour act.
He added, “We must protect all workers those who are doing temporary and permanent jobs as they contribute to the country’s economy. Unfortunately, our country’s labour act has been considering company owners not labours.”
Nazrul said housewives and workers of informal sectors should be focused in the labour act. The trial must be completed in short time. Cases have to be settled quickly.
“Provident and gratuity fund must be ensured for sake of workers. And, workers will do trade unions openly, and speak freely as per International Labour Organisation (ILO) convention. Worker harassment must be stopped,” he also said.
Tannery Workers Union (TWU) president Abul Kalam Azad told the Business Post that productive employment and decent work for all is a goal of SDG.
“To ensure labour rights, industrialists and government must work cordially. The discussion among owners, workers and trade union leaders should be held but the chance is gradually coming down in industries. As a result, industrial dispute goes up here,” he added.
Labour act is being improved here. But practically worker rights are not improved. So the number of cases is increasing across the country, he also said.
Victim Md Rafiqul Islam, former Joint Secretary General of Federation of Bangladesh Chambers of Commerce and Industry said that he used to work at the FBCCI for 21 years.
“As per FBCCI rules, I will get gratuity and other service benefits worth Tk 40 lakh. But he including 62 staffs was forced to resign in 2020”, he added.
"We opted not to pursue the labour court due to its prolonged proceedings. Instead, taking into account the broader context, our lawyer advised us to approach the High Court. Our case has been with the Appellate Division for more than a year, but the hearing has not commenced. We remain hopeful that the proceedings will initiate in the near future."
FBCCI Vice President Rashadul Hossain Chowdhury said both industrialists and workers are not aware of labour rights, and their own responsibility. So, the industrial dispute is increasing in the country.
“Bangladesh is committed to achieve SDGs by 2030. So, the government, and apex body leaders are working cordially. All stakeholders have to be responsible as well,” he added.
Replying answer on the case, Rashadul said they have nothing to do as the issue has been at court. Now the court will decide what would be next.
Rich people want influence
"There are instances in the labour court where cases filed as far back as 2010 are still awaiting a hearing, often due to negligence or procedural complexities. LAT Chairman MA Awal told stakeholders during a meeting, “After assuming my position at LAT, Dhaka, I observed numerous cases where both the plaintiff and defendant remained inactive, prompting me to take action.”
He added that rich people tend not to file cases; instead, they seek to exert influence. In the past month, I resolved approximately 100 cases. However, there are currently around 600 pending cases at our tribunal, he added.
Director of Bangladesh Institute of Labour Studies Nazma Yesmin said, in accordance with the ILO Convention 87 and 98, trade unions and collective bargaining rights should be exercised without any hindrance. It will strengthen workers to negotiate for better working conditions and fair wages.
