October 2017

WATCH REPORT PROMOTING WOMEN READY-MADE GARMENT WORKERS’ RIGHTS THROUGH LABOUR REGULATION Jakir Hossain Mostafiz Ahmed

Summary

Women workers’ are the life-line of Bangladesh’s ready-made garment (RMG) industry that has been playing a significant role in economy by earning lion’s share of export income (around 81 percent) and creating jobs for millions of people, and majority of whom are women. Bangladesh has a range of instruments to promote and protect workers’ rights. However, workers in general and women workers in particular are often deprived of many of their rights owing to lacking provisions and/or enforcement of labour regulation. The objective of this report is to identify the most prominent issues that are affecting women workers at their workplace and how these issues can be addressed through labour law regulation The report analyses the coverage and gaps in the Bangladesh‘s labour regulatory frameworks with respect to women workers’ issues and rights entitlements, and provides recommendations for addressing the gaps/deficits in order to make it more women friendly.

Women workers’ issues and challenges at RMG workplace: a gender perspective RMG workers irrespective of gender are plagued with various common problems (e.g. insufficient wage, irregularity in timeliness of wage payments, unsafe working conditions, and inadequate representation). However, despite the common problems, women workers have many other issues that need to be taken care of especially in areas of workplace discrimination and career prospect, harassment, work and working time, occupational health and safety, welfare provision, social protection, and freedom of association and collective bargaining.

Although gender-based wage discrimination in the RMG sector is low, discrimination exists in areas of equal treatment— women workers are often forced to do overtime more than the men, and the deduction from the overtime allowance is more frequent for women workers. They face severe discrimination with regard to the scope of promotion, and their career prospect in the sector is limited—only 5-10 percent of the women workers to become supervisors (The Daily Star, March 8, 2015). Their workplaces are not free from sexual harassment, which ranges from simple insults and demeaning remarks to unwelcome touching and grabbing.

Maternity leave is a highly important issue for women RMG workers. Wide variation exists in providing maternity leave in the sector. There are factories that violate the provision in different ways e.g. leave without payment, payment for fewer months than the stipulated months mentioned in law. Few RMG workers get the day care facilities, and, in many garment factories, mothers do not have space or time to breastfeed. Breastfeeding rate by workingwomen in garment factories is as low as 10 per cent (UNICEF 2015).

Long working hours along with night duty affect women’s health more adversely than that of male workers and they face severe problem of work-life imbalance. Workplaces of these workers are not gender sensitive— there are insufficient numbers of toilets for women; no arrangement of sanitary napkins at workplace; and most of the factories also do not arrange for women doctors for women workers. Besides, disproportionate representation of women workers in different channels of negotiation and bargaining (e.g. trade unions, participation committee, safety committee, welfare committee, canteen management committee) is also widely marked.

Rights provision for women garment workers: coverage and deficits Existing regulation in BLA 2006 on discrimination and harassment is narrow. The Act lacks specific provisions on discrimination related to workplace facilities and treatment. The Act does not explicitly address the issue of sexual harassment and violence, and lacks mandatory provisions.

The BLA 2006 complies with international norms regarding average daily and weekly work hours, but contradicts with night duty provision for women workers. Although the Act includes provision of rest, it lacks the realization of nature of job in RMG. With regards to maternity leave, the Labour Act lacks realization of the need of the women workers. The present amount of leave (sixteen weeks—8 weeks prior child birth and 8 weeks after) is also discriminatory in comparison to the women employees of public sector where they enjoy six-month maternity leave. BLA 2006 also lacks voluntary leave provision during menstrual-cycle, which has been introduced in some countries (e.g. Japan, Italy, Korea, Taiwan, Indonesia) and

gradually becoming a popular demand of the women workers. The labour Act has made provisions on gender-segregated toilets. However, the Act

has not fixed the required ratio of toilet according to the number of women workers. Although BLA 2006 has several provisions on welfare facilities favorable for women, workers enjoyment of these facilities are subject to the pre-requisite number of workers (e.g. twenty-five women workers for separate rest room, forty workers for day care facility) reflecting that the Act lacks adequate realization of gender/women workers’ issues. Neither the Labour Act 2006 nor the Labour Rules 2015 fixes provisions on preserving sanitary napkins at convenient and easily accessible places. Furthermore, the BLA also lacks provision of ‘mandatory female doctor’ at the workplaces of women RMG workers.

With regard to gender-specific social protection, he Labour Act has introduced maternity benefits. However, it is narrow in its coverage as it only ensures cash benefit (wage). The broad spectrum of maternity protection is absent in labour law. The law also has not provided any direction on workers’ popular demands, as part of social protection, of accommodation (residential arrangement) of the women workers of RMG. As regards to voice and representation, the current regulatory framework has provisions on trade union, participation committee, and safety committee. However, there are restriction and scope of inadequate representation of women workers. Moreover, the existing provision of selecting worker representatives in participation committee and safety committee have the scope of disproportionate selection of women workers and formation of men dominated committees, whereas the whole of the RMG sector is women workers dominated.

Advocacy pointers for women workers’ rights Reviewing the workplace issues and problems of women RMG workers face, and analyzing the coverage and gaps in current labour regulatory frameworks of the country, with regard to issues and rights, it has been evident that, despite having several provisions for workers’ rights in general and women workers’ rights in particular, the frameworks lack specificity and mandatory provisions in promoting women workers’ rights. The relevant stakeholders in the sector need to promote the issues yet to be covered by country’s labour regulation. The following recommendations for inclusion in Bangladesh’s labour law may serve as advocacy pointers.

1. Rationalization of the rest period (frequency and time) considering the nature of work; 2. Provisions for six-month maternity leave; 3. Provision of ‘menstrual leave; 4. Promotion to upper positions in a factory be based on ratio of male and female

workers; 5. Specific provision on to prevent sexual harassment; 6. Provision of gender segregated toilet according to ratio of women/men workers in a

factory; 7. Removal of number-binding for day-care and rest-room facility for making available to

all workers irrespective of the workforce size of the establishment; 8. Provision on arrangement of sanitary napkins at convenient and easily accessible

places at the factory; 9. Provision of mandatory female medical personnel (doctor) in the factory; 10. Provision on medical care/treatment facility as part of maternity benefit and long-term

leave during pregnancy related complexity, abortion and pre-mature birth; 11. Provision on residential arrangement (accommodation); 12. Provisions for proportional representation of women in safety committee,

participation committee, and canteen management committee.

Contents

1. Introduction ...................................................................................................................................... 5

2. Women Workers’ Issues and Challenges at RMG Workplace: ......................................................... 7

A Gender Perspective ............................................................................................................................... 7

Workplace discrimination and limited career prospect ...................................................................... 7

Many facets of harassment.................................................................................................................. 8

Maternity leave without due benefits ................................................................................................. 8

Inadequate arrangement of daycare and breastfeeding.................................................................... 8

Long working hour and night work ..................................................................................................... 8

Gender insensitive workplace .............................................................................................................. 9

Limited voice and representation for women workers ...................................................................... 9

3. Rights Provision for Women Garment Workers: Coverage and Deficits ................................... 10

Workplace discrimination and harassment ........................................................................................ 10

Occupation health and safety ........................................................................................................ 13

Welfare and Social Protection ........................................................................................................... 13

Freedom of association, collective bargaining and social dialogue ............................................. 15

4. Conclusion: ...................................................................................................................................... 16

Advocacy Pointers for Women Workers Rights .................................................................................... 16

Advocacy pointers ............................................................................................................................... 16

1. Introduction Bangladesh’s ready-made garment (RMG) industry has been playing a significant role in economy by earning lion’s share of export income (81.23 percent) and creating jobs for millions of people. The global economic restructuring and trade liberalization, neoliberal policies, Multi-Fibre Agreement (MFA), government policies etc. have been the driving force for this rapid expansion (Ahmed 2004; Feldman 2009; Kabeer 1991; Kabeer and Mahmud 2004a, 2004b; Zaman 2001). RMG started to get bigger primarily as an export-­­oriented industry during the late 1970s and early 1980s, and has boomed over last four decades. From just fifty factories in 1980 the RMG industry has jumped to several thousand factories. According to an estimate currently BGMEA has over 4300 member factories. On the other hand, BKMEA has 2000 members. The RMG sector currently is second largest exporter in the world only after China. Export volume of this sector has mounted from US $ 31.57 million in 1983-84 to US$ 28.14 billion mark in 2016-17. The growth of employment in this industry is exponential—from few thousands in 1980 to several millions at present. RMG directly employs 4.2 million people (EC 2016)—of whom majority is women.1

Bangladesh has a range of instruments to promote and protect workers’ rights including national laws, trade agreements and treaties, contractual obligations, collective agreements, and codes of conduct. Bangladesh’s laws related to workers had been in the process of development. The evolving nature of the standards makes it difficult to establish causal relations between whether the rights legislation, rights conditions, and the corporate codes have particular outcomes in terms of the changing dynamics of national legal standards. It is neither known whether translation from labour standards to workers’ rights takes place, nor do we know if the transformative action is at play, to what extent that is a reflection of overall standards provisions, and whether it has differential outcome for different forms of rights for women workers. It is important to identify most prominent issues that are affecting workers’ life at workplace and how these issues can be addressed through labour law. An annual watch report on the labour law implementation in the Bangladesh’s RMG sector is carried out under the OIKKO (‘unity’) project (Box 1), that contributes to the realization of fundamental rights of workers in the Bangladesh ready-made garment (RMG) industry. The advocacy through the Civil Society Organization (CSO) platform formed by the OIKKO project would empower female factory workers and strengthen labour right actors, from the grass-roots level up, to join forces for promoting the enforcement of the labour law and for pursuing further reforms in the sector. The action also aims to address the limited influence of civil society has had to date on compliance, respect for workers’ rights, and workplace conditions in the RMG sector, and bridge the disconnect between workers and their representatives.

The objective of this watch report is to identify the coverage and gaps in the law with respect to women workers’ issues with a particular focus on women worker’s wellbeing and entitlements and to provide recommendations for addressing the gaps or accelerating progress made. To that end, the specific objective is to identify the priority issues excluding the physical safety and security components and focusing more on social compliance and wellbeing related standards, and recommend actions for future advocacy. The report is a qualitative one encompassing secondary literature reviews, focus groups,

1 It has been widely understood, though based on limited data that women made up around 80 per cent of the labour force of the garment industries. Recent data, however, shows a much lower percentage. A 2015 survey by Asian Centre for Development reported that 65 per cent of workers in the RMG sector were women. The study by EC (EC 2016) puts the number at 55 per cent. In the factories under the ILO RMG programme (Better Work Bangladesh), it was found that 58 per cent of the labour force consisted of women

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and key informant interviews of trade union leaders. It reviews Bangladesh’s labour provisions in line with international labour standards. The recommendations arising out of the analysis is based on legal review, focus groups with women garment workers) and key informant interviews with representatives of trade unions and civil society).

The watch report is organized into three core sections. The second section has focused on two aspects—women workers’ involvement in RMG and the workplace issues for women garment workers. Third section is about the labour regulation. This section has examined the coverage and deficits of rights and issues of women worker. The fourth section draws conclusion and recommends advocacy pointers for ensuring rights of women garment workers.

Box 1: Brief introduction to Oikko (Unity) – United for translating rights into action NOW With funding from European Union (EU), Austrian Development Agency (ADA) and CARE Austria, CARE Bangladesh is implementing Oikko, a three years long project which began in March 2015. The project is working with female workers from RMG factories located in Dhaka, Gazipur and Chittagong and present being implemented in collaboration with three partner NGOs (SHEVA Nari O Shishu Kallyan Kendra, Agrajattra and Karmojibi Nari). The overarching objective of this project is, "To strengthen and unite the civil society that would promote implementation of fundamental labor rights in the RMG sector in Bangladesh." The project works with the workers at the community level through small solidarity groups namely EKATA4 (Empowering Through Knowledge and Transformative Action). EKATA takes women through nine (9) months long training process, and helps them develop their leadership, communication and negotiation skills. Each EKATA group consists of 25-30 women and later on participants with high leadership potential are selected from each group to from larger Community Workers Association (CWA). To mobilize communities in creating a worker friendly environment the project created Community Support Groups (CSG). CSG constitutes of influential community members, local government representatives and female workers. Oikko intends to facilitate women’s participation in the trade unions through these CWA. By connecting these CWAs with trade unions, Oikko is also working to create a discourse amongst the civil society around the labor rights issues from a gender perspective.

3000 female workers are trained through solidarity groups to develop leadership and networking skills.

600 labor rights activists from trade unions, NGOs and CBOs have increased capacity to exert leadership role in outreach and within unions.

Key civil society stakeholders have developed joint positions and lobbied to promote labor rights and gender equality.

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2. Women Workers’ Issues and Challenges at RMG Workplace: A Gender Perspective

RMG workers irrespective of gender are plagued with various problems. A study of Hossain, Ahmed and Akter (2010) argue that they are deprived of many of their rights in many ways. Low rate of wage is the most significant issue in this regard. The amount of wage, the workers are getting now are not sufficient to maintain a minimum standard of livelihood considering the rate of inflation and other socio-economic context of the country. Along with poor wage, there are also instances of irregularity in timeliness of wage payments that makes the life of the RMG workers and their family members more vulnerable economically. Long working hour is another important workplace issue for them. The workplaces of RMG workers are also not free form discrimination, nor provide safe working conditions in terms of occupation safety and health, and work environment. Physical conditions of the workplace are also considered to be poor. Workers often are to work under conditions that is completely uncongenial. Workplaces often lack safety measures against occupational risks and accidents. Consequently, accidents and injuries are common at workplaces.

Despite these common problems women workers have many other issues need to care especially in areas of workplace discrimination and career prospect, harassment, work and working time including rest, occupation health and safety, welfare provision, social protection and freedom of association, collective bargaining and social dialogue.

Workplace discrimination and limited career prospect Due to the implementation of sectoral minimum wage in RMG sector, gender-based wage discrimination is not seen that much now a day. However, discrimination prevails in treatment. Although overtime work is common for women and men workers, discriminatory practice is often seen—women are forced to do overtime more than the men and the cut from the overtime allowance is more for women workers than men (FGD). Uddin (2015) showed that often women workers remain unpaid after overtime work and very often employer cut their overtime payment showing some simple reasons like lack of punctuality, failure to meet production target, unnecessary conversation with co-workers, absence without leave, making mistakes at work, and protesting management decision. It is further argued that women workers are cheated more often than men, as they are seen as quitter and less likely to complain (Uddin 2015)

Women workers face severe discrimination with regard to the scope of promotion and their career prospect is limited. From supervisor to upper positions presence of women is minimal, yet the whole RMG industry is women workers dominated (Hossain, Ahmed and Sharif 2017). Workers complain that authority generally pick men workers for the position of supervisors and other positions above (FGD). There is no official statistics on gender composition of workers according to their positions/grades. However, a study shows that, although women operate about 85 percent machines in the garment industry, they hardly have scope to graduate to managerial posts. A study shows that only 5-10 percent of the women workers to become supervisors; they have seven (7) percent chance of being promoted; and 45 percent hold out hopes of becoming line supervisors. (The Daily Star, March 8, 2015)

FGD participants of this study inform that factories of their area only 1-2 percent of all supervisors are female. FGD Participants claim that scope of promotion (position up-gradation) is limited for women worker, mostly up to senior operator.

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Many facets of harassment Workplaces are not free from sexual harassment— sexual harassment is an important source of mental stress for female workers. The incidence of sexual harassment ranges from insults directed at a person’s gender, suggestive comments, or language, and demeaning remarks to unwelcome touching and grabbing and other physical assaults. It must be noted that these types of sexual harassment remain under reported since female workers are very shy to disclose information. Begum et.al. (2010) argue that unmarried workers are afraid of disclosing any information on sexual harassment since it decreases their marriage possibility. Sexual harassment is largely prevalent among the young garment workers. The highly sexualized vocabulary and body language used to discipline female workers creates a hostile, intimidating and sexually charged environment.

Maternity leave without due benefits Despite legal provision for maternity leave women workers still are fighting to ensure this rights fully. One survey of about 1,000 women working in RMG factories, conducted by a British nongovernment organization, found that only about half of the interviewed women reported any form of maternity leave at their workplace and that two-thirds did not understand their rights to maternity leave (ADB and ILO 2016). A recent study of Hossain, Ahmed and Sharif (2017) argue that there is still variation in practicing maternity leave. There are factories that provide maternity benefit following the labour law provisions. In contrast, there are also factories that violate the provision in different ways. Some factories provide leave without payment, many other provide payment for fewer months than the stipulated months mentioned in law. Workers claim that even in some factories there is no set standard of maternity leave—granting leave depends on the discretion of authority (FGD).

Inadequate arrangement of daycare and breastfeeding A study of ADB and ILO (2016) claims that a negligible number of employers make childcare available to their employees. The lack of childcare limits women’s participation in the labor market. According to the study some workers in RMG factories who have young children leave them in their home villages while paying a monthly stipend for their care. Not only the day care arrangement is poor in RMG, women workers lack arrangement for breastfeeding. The needs of breastfeeding mothers and their newborns are commonly overlooked in the RMG sector. In many garment factories, mothers do not have space or time to breastfeed. While factories sometimes provide breastfeeding corners inside childcare centers, they are often inadequately equipped to offer a safe space for mothers to breastfeed (UNICEF 2015). Only 56 per cent of babies younger than 6 months are exclusively breastfed in Bangladesh. There is evidence that this rate is even lower among female garment workers. Sample surveys conducted by UNICEF indicate that breastfeeding rates by working women in garment factories can be as low as 10 per cent (UNICEF 2015).

Long working hour and night work Although long working hour is common for both women and men workers, it has different implications for women. Long working hour affects women’s health more adversely than that of male workers. Due to long working hours, female workers are obliged to shorten their time for leisure and sleep because traditionally they are required to take care of all domestic chores. (Paul-Majumder and Begum 2000).

Women garment workers frequently perform night duty. The night duty poses threats both at workplace and outside workplace. In a study 60% of the women workers said that night shifts cause significant problems in their family lives (Uddin 2015). Women workers reported concerns over long periods of separation from their children, particularly for women with young children who are breastfeeding. The study further claim that the combination of long working days, excessive production targets, frequent night shifts, paltry wages and a lack of labour law enforcement severely affects the health, family life and reproductive health rights of women garment workers. There are also entrenched cultural norms which are yet to

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be overcome: Bangladeshi women carry out the burden of unpaid domestic work done early in the morning or late in the evening, and for women garment workers this must be completed before and after long and grueling working days (Uddin 2015). Gender insensitive workplace Workers claim that although women are the majority in RMG their workplaces are not always women sensitive. There are insufficient numbers of toilets for women. There is no arrangement of sanitary napkins at workplace. It is not preserved in first aid box. Factories do not provide sanitary napkins or subsidize their cost, although many factory managers are aware of menstrual-related absenteeism. Besides, the most of the factories also do not arrange women doctors (FGD and KII).

Limited voice and representation for women workers There has been an increase in number of registered union at plant level—from 136 in December 2012 to 434 in 2016. Newly registered unions, however, only represent a small fraction of the approximately 4 million workers in the RMG sector (EC 2016). Women RMG workers are aware about participation committee (PC), however, the scope for negotiation through participation committee is limited since it leaves aside paramount issues of workers’ interests—wages, overtime rate, working hours, working conditions (KII). Women workers overwhelmingly confirm that most employers expel workers from job if they find workers engaged in any sorts of activities of trade unions. Many even alleged that employers harass workers even with the support of local police if they are found organizing or attending union activities. Women workers have complained of surveillance by the owners and threats of losing job for their initiatives to organize or to join trade unions outside workplaces (Hossain, Ahmed, and Sharif 2017). Besides, disproportionate representation of women workers in different channels of negotiation and bargaining (e.g. TU, participation committee, safety committee, welfare committee, and canteen management committee) is also widely marked.

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3. Rights Provision for Women Garment Workers: Coverage and Deficits

The aim of this section is to analyze the rights provisions for women workers. The section has focused on both rights coverage and gaps/defic its in national labour regulations (BLA 2006, BLR 2015) compared to the international norms (ILO convention, UDHR, CEDAW) and in connection with the women workers’ issues identified in the previous section. Rights coverage of women workers and the gaps/deficits have been examined in several broad areas—workplace discrimination and harassment; working time, rest, and leave; occupational health and safety; welfare and social protection; and freedom of association, collective bargaining and social dialogue.

Workplace discrimination and harassment Discrimination at workplace is a common phenomenon in present world of work and the issue is also significant for RMG. Discrimination at work is defined by the ILO as “any distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion, national extraction or social origin which has the effect of nullifying or impairing equality of opportunity and treatment in employment or occupation” [ILO Convention 111, Article 1]. In any workplace, workers can be discriminated in several ways and they are mostly classified under two broad heads—i) wage, treatment and facilities, and ii) physical, mental and sexual harassment and oppression. Several instruments have provided several provisions regarding discrimination in wage, treatment, and facilities at workplace. ILO Convention states equal remuneration to prevent discrimination in employment providing for the application of equal remuneration for men and women workers for work of equal value. UDHR similarly in Article 23.2 provided that `Everyone, without any discrimination, has the right to equal pay for equal work. ICESCR is more specific about guaranteeing equal remuneration for women and stated that the right of everyone to equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work should be recognized by states [Article 23.2]. CEDAW advocated not only for equality of remuneration but also for equal benefits and treatments, including equality of treatment in the evaluation of the quality of work, in the work place [CEDAW Article 11.1d]. To ensure non-discrimination regarding facilities [ILO Convention 111, Article 2], the states have obligations to take appropriate measures in number of areas including: (a) same employment opportunities, including the application of the same criteria for selection; (b) free choice of profession and employment, promotion, job security and all benefits, and conditions of service, and vocational training and retraining; (c) social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as paid leave; and (d) health and to safety in working conditions, including the safeguarding of the function of reproduction [CEDAW Article 11.1]

With regards to discrimination, BLA 2006 declares that in determining wages or fixing minimum rates of wages for any worker, the principle of equal wages for male and female workers for work of equal nature or value shall be followed and no discrimination shall be made on the ground of sex. (BLA Section 345) In general, states are obliged to take appropriate measures to eliminate violence against women [Art. 4(d-­­f), General Assembly Resolution 48/104 on the Declaration on the Elimination of Violence Against Women, Article 7 – 16, CEDAW, ILO Convention No. 111 and para 178, Beijing Platform for Action]. In addition, both ILO and UN have declared more specifically that sexual harassment is prohibited in work. The 71st session of the International Labour Conference, 1985 adopted the following resolution: “Sexual harassment at the workplace is detrimental to employee’s working conditions and to

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employment and promotion prospects. Policies for the advancement of equality should therefore include measures to combat and prevent sexual harassment.” According to BLA 2006 no one in an establishment shall behave with female workers in a way that may appear indecent or repugnant to the women’s modesty or honour (BLA, section 332). On the other hand, under the penal laws of Bangladesh, criminal force or assault [sections 349 –358, Penal Code], rape [sections 375 & 376, Penal Code] and sexual oppression have been made punishable offences [section 10, the Anti-­­Women and Children Oppression Act, 2000]. A Supreme Court judgment has issued mandatory guidelines for workplaces in both the public and private sectors in this regard, until adequate state legislation is developed. The Supreme Court found that authorities at workplaces are obligated to implement effective mechanisms for the prevention and prosecution of sexual abuse and harassment offences. Court emphasized the importance of prioritizing publicity against sexual harassment and gender discrimination; and holding monthly and bi-­­annual orientations in workplaces and institutions. According to the court direction employers must notify employees of the prohibition on sexual harassment and sexual torture, and ensure there is no hostile environment towards women in workplaces, engender confidence and trust in female workers, and ensure they are not placed in disadvantaged provisions compared to male colleagues. All workplaces must have a complaint committee (at least 5 members, the majority of whom must be women, the head should be a woman, if available) to receive complaints, conduct investigations and make recommendations. Existing regulation in BLA 2006 on discrimination and harassment is narrow. Women workers’ situation in RMG reveals that discrimination in different forms exits. Although wage based discrimination has reduced significantly, discriminatory practice in terms of facilities and treatment is prevailing. However, the labour act lacks specific provisions on discrimination related to work place facilities and treatment. Although the law provides principle of equal wages for male and female workers for work of equal nature or value, only the sex of the workers has been considered as discrimination ground. The Bangladesh Labour Act (BLA) does not explicitly address the issue sexual harassment and violence and lacks specific provisions in this regard. The Act has a provision on behavior to women and it asks not to behave with women in an indecent way that is repugnant to the women’s modesty or honour. However, the act lacks further clarification of ‘indecent behavior’ and definition/explanation of ‘modesty’ and ‘honour’. Therefore, the provision is vague to a great extent.

Working time, rest, and leave According to ILO convention regarding hours of work (Convention 1), the working hours of persons should not exceed eight hours in a day and forty eight hours in a week. Additionally, it provides that the limit of hours of work may be exceeded to fifty six in the week in cases of processes which are required by reason of the nature to be carried on continuously by a succession of shifts (ILO, Convention 1: Article 4).

According to BLA 2006 every adult worker is allowed to work, without overtime, maximum eight hours a day and forty-­­eight hours a week. Though, an adult worker may work 10 hours a day and more than 48 hours a week on condition of giving overtime allowance for extra working hour, but the daily and weekly maximum overtime work not to be more than two hours and twelve hours respectively and the average working hour per week must not be exceeded more than 56 hours in a year under any circumstances. (Section 100 & 102)

With regard to night duty of women workers, ILO provision declares that the women without distinction of age are not entitled to employ during the night in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed (ILO Convention 89: Article 3)

Here, the term ‘night’ indicates ‘a period of at least eleven consecutive hours, including an interval prescribed by the competent authority of at least seven consecutive hours falling between ten o’clock in the evening and seven o’clock in the morning.’ (ILO, Article 2 of the

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Convention No. 89). It is important to note that, the government of respective country is

allowed to suspend the provision of night duty restriction for women after consultation with the employer and workers’ organization in the case of serious emergency or national interest (ILO Convention89: Article 5). It also notices that the period of night may be reduced to ten hours of the year in any exceptional circumstances. (ILO Convention89: Article 6).

Bangladesh Labour Act declares that no female worker should be allowed to work without her consent between the hours of 10 pm and 6 am and no young worker should be permitted to work in any establishment between the hours of 7 pm and 7 am. [BLA 2006 Section 109 and 41(3)].

According to BLA 2006 a worker in an establishment shall not be responsible to work either-­­

i. ‘for more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal;

ii. for more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal or

iii. for more than eight hours unless he has had an interval under clause (a) or two such intervals under clause (b) during that day for rest or meal’ (BLA 2006, Section 101).

Bangladesh labour act has made specific provisions on leave including weekly holiday (one and half day in a shop or commercial establishment, or industrial establishment; and one day in factory and establishment), casual leave (10 days), festival leave (11 days), sick-leave (14 days), annual leave (one day for every eighteen days). All women and men workers are entitled to these leaves. More specific provisions have been included in the law to ensure maternity leave for women workers. ILO has adopted a convention relating maternity protection that is applied to women employed in any industrial undertakings and in non-industrial and agricultural occupations, including domestic workers.

The norms concerning maternity leave under this convention ( ILO

Convention 103: Article 3) are:

▪ if a woman produces a medical certificate stating the presumed date of her confinement, are allowed to enjoy a period of maternity leave for at least twelve weeks including a period of compulsory leave after her confinement;

▪ the period of compulsory leave after confinement to be prescribed by national laws or regulations, but not to be less than six weeks;

▪ the rest of the total period of maternity leave may be provided before the presumed date of confinement or following expiration of the compulsory leave period or partly before the presumed date of confinement and partly following the expiration of the compulsory leave period as may be prescribed by national laws or regulations;

▪ the leave before the assumed date of confinement shall be extended by any period elapsing between the presumed date and the actual date of confinement; and

▪ in case of illness medically certified arising out of pregnancy, additional leave before confinement are provided by national laws or regulations and in the case of illness medically certified arising out of confinement the women are entitled to an extension of the leave after confinement and in both cases, the maximum duration of leave of which may be fixed by the competent authority.

The CEDWA has also affirmed the regulation by stating that appropriate measures

should be taken by the state parties to introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowance (CEDAW, Article 11/2b).

According to BLA 2006 a women worker worked in an establishment six months or more immediately preceding the day of her delivery, is entitled for the maternity leave of sixteen weeks (eight weeks before and eight weeks after delivery). (BLA sec. 46)

Working hour and work time, which includes average daily and weekly hour, overtime and night duty provision, has great significance from the point of view of women workers’ rights and their decent work situation. The labour law of Bangladesh complies with

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international norms regarding average daily and weekly work hour, but contradicts with night duty provision for women workers. Though the law prohibits employers to employ women workers for the period between 10 pm to 6 am., the law however, with consent of women workers, allows employers to engage women worker at night even in those establishments where family members of the women worker are not employed. On the other hand, 10 p.m. as the start hour of restriction for women is quite late hour. In the case of night duty, the security issues, concerning women workers, both within and outside workplace are not addressed in the labour law.

Al though the labour act includes provision of rest, it lacks the realization of nature of job in RMG. With regards to maternity leave the Labour Act lacks realization of the need of the women workers. The current amount of leave (sixteen weeks) is also discriminatory in comparison to the women employees of public sector where they enjoy six-­­months maternity leave. Nonetheless, the law does not allow women workers to enjoy the leave according to their choice.

The law also lacks leave provision during menstrual-­­cycle, which has been introduced in some countries (e.g. Japan, Italy, Korea) and have gradually becoming a popular demand of the women workers. Furthermore, the law also lacks provision of long-­­term leave in case of abortion and pre-­­mature birth and other pregnancy related complexities.

Occupation health and safety

For ensuring occupational safety and health of workers at work places several provisions have been included in the labour law (e.g provisions on fire extinguisher and emergency fire exit, cleanliness, overcrowding, temperature, ventilation, lighting, dust and fumes, dustbin and spittoon: pure drinking water). However, two specific provisions are important from the issue of women workers – employment restriction in certain job and gender segregated toilet/washroom. According to labour law provisions women workers will not be allowed to work in some specific tasks and in some specific locations/areas which is dangerous and risky and injurious to them (BLA s 39. 40. 42, and 87). With regard to gender segregated toilet/washroom BLA declares that every establishment should arrange sufficient number of separate toilets with sufficient light, air and water for its male and female workers at convenient place so that workers can use at all times while they are in the establishment [Section 59 (A, B &C)].

Bangladesh labour act has made provisions on gender segregated toilets. However, the Act has not fixed the required ratio of toilet according to the number of women workers.

Welfare and Social Protection

First aid boxes or almiras equipped with the first aid appliances prescribed by rules should be provided in the establishment at all times for easily receive of workers when necessary and the number of such first aid box or almira should be at least one for every 150 workers and maintained by a person, trained in first aid knowledge and has to be available in the factory. But where 300 or more workers are employed, the establishment should provide an equipped dispensary with a patient-room, doctor and nursing staff for its workers. (BLA 2006, Section 89). Employers must arrange separate washing facility for men and women worker [Section 91-1(b)].

If fifty or more workers are employed in any establishment, the employer should provide and maintain adequate and suitable rest-rooms for use of workers and a suitable lunch-room with the facilities of pure drinking water so that the workers can eat meals brought by them. The Law makes the provision of separate rest room for the female workers, where more than twenty-five female workers are employed. But if the number of female worker is less than twenty five, the factory management should maintain a curtain in the same rest room to make a separate resting space for the female workers (BLA sec. 93).

Every establishment should provide and maintain a children room for the children of under six years of age, wherein forty or more female workers are working (Section 94).

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Although BLA 2006 has several provisions on welfare facilities favorable for women workers enjoyment these facilities are subject to the pre-requisite number of workers reflecting that the Act lacks adequate realization of gender/women workers’ issues. Rest-room and day-care facility is also subjected to the number of workers. Rest room facility will not be provided to the workers if they are less than fifty in number. On the other hand, separate rest room for women workers will be arranged only in those institutions/factories where the number of female workers is more than twenty-five. Thus it could be said that the gender specific needs/special condition of women has not been addressed/considered adequately under this provision. Separate rest-room for female workers is important from both gender perspective and need of the women workers. Pre-requisite number of female workers should not be a barrier for them to get this facility.

In the case of day care facility, the required number of female workers as condition is quite high, forty or more. Though there is a provision of employing women supervisors for day care centers/children’s room, required qualifications of these supervisors have not mentioned specifically in the law.

Labour Act has made provision on arrangement of first aid box and the labour rules have determined the essential to be preserved in these box. However, this also lacks gender sensitivity. However, neither the law nor the Rules fix provisions on preserving sanitary napkins at convenient and easily accessible places. Furthermore, the BLA also lacks provision of ‘mandatory female doctor’ at the workplaces of women RMG workers.

UDHR has affirmed that as a member of society everyone has the right to social security (UDHR’ Article 22) and several international instruments have ensured social security of the workers. According to ILO convention (Convention 103: Article 4), during enjoying maternity leave, a woman is entitled to receive cash and medical benefits where medical benefits include; (a) pre-natal, confinement and post-natal care by trained midwives or medical practitioners; (b) hospitalization care where necessary; (c) freedom of choice of doctor, and (d) freedom of choice between a public and private hospital.

The UDHR has ensured the maternity benefits for women by its provision stating, ‘motherhood is entitled to special care and assistance (UDHR, Article 25/2). Maternity benefit has also been ensured in two other international instruments – ICESCR and CEDAW. According to ICESCR, special protection should be accorded to mothers during a reasonable period before and after childbirth and during such period working mothers should be accorded paid leave or leave with adequate social security benefits (ICESCR Article-­­10/2). On the other hand, CEDAW has declared that appropriate measures should be taken by the state parties to prohibit dismissal on the grounds of pregnancy or of maternity leave and to provide special protection to women during pregnancy in types of work proved to be harmful to them (CEDAW Article 11-2a & 2d).

According to the maternity benefit provision of BLA 2006, a women RMG worker’s employer is liable for the payment of maternity benefit (wage) for sixteen weeks (eight weeks prior and eight weeks after child birth). But the benefit s are not to be payable to any women worker who has two or more surviving children at the time of her confinement (Section 46).

With regard to gender-specific social protection the labour Act has introduced maternity benefit. However, it is narrow in its coverage as it only ensures cash benefit (wage). The broad spectrum of maternity protection is absent in labour law. Law has not included provisions on pre-natal, confinement and post-natal care by trained midwives or medical practitioners; hospitalization care where necessary; freedom of choice of doctor; and freedom of choice between a public and private hospital. In the case of maternity benefit there are also time-bindings as pre-condition. At least six-month long continuous work is needed to receive maternity benefit from the employer. The law also has no direction on popular demands, as part of social protection, such as pension and accommodation (residential arrangement) of the women workers of RMG.

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Freedom of association, collective bargaining and social dialogue ILO convention has laid down that workers without distinction whatsoever have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorizations and each member of this organization is permitted to undertake all necessary and appropriate measures for ensuring free exercise of workers right to organize (ILO Convention 87: Article 2 and 11). The UDHR provides that everyone has the right to freedom of peaceful assembly and association and also has the right to form and to join trade unions for the protection of his interests (UDHR, Article-­­20/1 & 23/4).

According to ICCPR, everyone has the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests (ICCPR Article­22/1). Moreover, ICESCR has proclaimed, ‘The State parties should ensure the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests’ (ICESCR Article- 8/1a).

BLA 2006 has provided every worker employed in any establishment with the rights to form and join trade union, by their own choice to regulate the relations between workers and employers or workers and workers and subject to the constitution of the respective trade union. But, the person who has been convicted of an offence involving moral turpitude and unless two years have beyond from the date of his discharge or is not employed in that establishment in which the trade union has formed shall not be entitled as a member or executive member of the trade union. [Section 176 (A) & 180 (1)]

In order to ensure women’s representation in executive committees of the trade unions the latest amendment of BLA has made a new provision. It declares that if in any factory women constitute 20 percent of the workforce at least ten (10) percent of total executive committee members of the union formed in that factory must be from women. [BLA sec 176(E)]

With regards to participation committee the Bangladesh Labour Rules (BLR) declares while selecting worker representative for participation committee initiatives should be taken to select women members proportionately if in any factory to total number of women worker is 50 or 10 percent of the workforce. (BLR 189)

Regarding formation of safety committee provision has been made in BLR 2015 to include women workers—at least one-­­third of the total worker representatives in safety committee would be women where women constitute one-­­third of total workforce in a factory [BLR 81(31)].

With regards to voice and representation the law has provisions on trade union, participation and safety committee. However, there are restriction and scope of inadequate representation of women workers. In order to be registered, a trade union must have a minimum membership of 30 percent of the total number of workers employed in the establishment or group of establishments in which it has formed. [Section 179 (1) & (2)].

Besides, the existing provision of selecting worker representatives of participation committee and safety committee have the scope of disproportionate selection of women workers and formation of men dominated committees, whereas the whole RMG sector is women workers dominated.

In the preceding section we analyzed women RMG workers’ workplace issues where workplace discrimination, sexual harassment, maternity leave, inadequate arrangement of daycare and breastfeeding, long working hour and night duty, reproductive health, and lack of voice and representation were highlighted. This section explored the coverage of women RMG workers’ rights under the purview of broad areas of worker rights and women workers’ issues, where it has been observed that the national legal instruments have addressed many of the issue of the women workers. However, there are inadequacies also that need to be addressed adequately in order to make the labour regulation more effective in establishing women RMG workers’ rights.

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4. Conclusion: Advocacy Pointers for Women Workers Rights

Reviewing the workplace issues and problems of women RMG workers and analyzing the coverage and gaps in labour regulation, with regard to issues and rights, it has been evident that, despite having several provisions on women worker issues, the existing labour Act is not standard enough to address workplace related all issues of the women workers. Therefore, women workers are more susceptible to deprivation and exploitation in terms of their rights and benefits. It is thus a dire need to bring about necessary changes/amendments in the labour Act so that it realizes the gender and women workers’ issues adequately and becomes more women-friendly.

It is important to note that Labour Act of Bangladesh has been undergoing through the process of continuous change and modifications. The Act has been amended three times since its adoption in 2006. The process of bringing another amendment has already started. Therefore, it is the time to set an advocacy agenda and place demands before the committee concerned to make the Labour Act more women sensitive. In this regard, this study at this point recommends some advocacy pointers.

Advocacy pointers Working hour, rest and leave The term ‘night’ should be defined in the law, and it is required to redefine ‘work restriction period’ in terms of night duty. With regard to rest period (both frequency and time), th is should be rationalized considering the job nature, since women workers do same task repetitively standing or sitting in same location/position. Maternity leave is required to increase to six-months from current sixteen-weeks. Moreover, with a forward looking view, the addition that would be required to bring about in the law is the provision of ‘menstrual leave’

Discrimination, harassment and career prospect The labour law in particular should address the issue of sexual harassment. In this regard both change in existing provision and introduction of new provision is needed. As women workers are frequently discriminated in areas of promotion the law should insert provisions/directions to prevent this discrimination. Specifically, it is required that the promotion in upper positions in a factory should be based on ratio of women and men workers.

Occupation safety and health Considering the gender composition of workforce in RMG, it is required that the labour law has provision on fixing the number of toilets according to ratio of male/female workers in a factory.

Welfare and social protection Pre-requisite number of women workers should not be a barrier for them to get facilit ies l ike separate rest -room and day care, and therefore the number binding should be removed from the law. Moreover, law should address two other issues—arrangement of sanitary napkins at convenient and easily accessible places; and provision on ‘mandatory female doctor’ at the workplaces. As part of maternity protection the law should have provision, along with cash benefit, on medical care and treatment facility. Specifically, protection provisions are needed for pregnancy related complexities, abortion and pre-mature birth. Besides, the law should have provisions on accommodation/residential arrangement of the women workers.

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Representation and social dialogue The law should incorporate provisions so that women workers’ representation in different channels and forums (such as trade union, participation committee, safety committee, canteen management committee) at workplace increases. In this regard, law should have provisions to ensure proportional representation of women RMG workers in these forums and channels.

Women RMG workers’ issues and rights spectrum and specific advocacy pointers

Women workers’ issues and rights spectrum

Specific advocacy pointers

Working hour, rest and leave

1. Law should rationalize the rest period—frequency and duration— for women workers considering the nature of RMG work.

2. The law must expand maternity leave to six months from sixteen week considering the need of the women workers and to remove the disparity with public sector employees.

3. Considering the special need, the law should include provisions of ‘menstrual leave’.

Discrimination, harassment and career prospect

4. Law should fix the promotion criteria, promotion to upper positions in a factory should be based on ratio of male and female workers

5. The law must clarify ‘indecent behavior’ in order to make it effective for prevention of harassment, especially sexual harassment. Moreover, specific provision on protection against sexual harassment must be incorporated in the law.

Occupational Safety and Health

6. Law should incorporate provision of gender segregated toilet according to ratio of women/men workers in a factory.

Welfare and Social protection

7. Consider the gender issue law must not impose number bindings of women workers to get facilities like day-care and rest-room, therefore such conditions must be removed from the law.

8. The law should incorporate provision on arrangement of sanitary napkins at convenient and easily accessible places at the factory

9. Provision of ‘mandatory female doctor’ in the factory 10. Provision on medical care/treatment facility as part of

maternity benefit and long-term leave during pregnancy related complexity, abortion and pre-mature birth should be included in the law.

11. Law should include provision on residential arrangement for women workers.

Social dialogue

12. Provisions for proportional representation of women workers in safety committee, participation committee, canteen management committee needs to be established.

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FGD participants

Jannat Fatema, President, Mehnati Garments Sramik Federation (M.G.S.F) Kamrunnahar, General secretary, Bangladesh Progressive Garments Workers Federation Fardousi Begum, Central President, Bangladesh Sanjukto Garments Sramic Federation (BSGSF) Sultana Begum, President, Green Bangla Garments Workers Federation (GBGWF) Shamima Akter Shiri, President, Bangladesh Garments Textile Workers Federation Shahida Sarker, President, Garments Darji Sramik Kendra