Paradox in RMG Sector: Law and Reality

    Md. Shahnewaj Patwari, Advocate, researcher and social activist  : In a recent report published in the Daily Star on 13 September 2018 titled ‘Poor healthcare plagues RMG units’ stated that Ready Made Garments (RMG) workers are deprived from maternity benefit, also they are not provided rest room, dining room, day care centre facilities in most of the factories.
    According to Export Promotion Bureau (EPB) data, published in the Dhaka Tribune on 5 July 2018, Bangladesh’s export earnings from the RMG sector stood at $30.61billion, posting 8.76% growth in the last fiscal year. The figure is 1.51% higher than the target of $30.16 million for FY18. However, the life standard of the workers of the RMG sector of which around 90% are female is continuing to remain worst as it was earlier. Still, they are fight for a minimum standard salary so that they can lead a least standard life.
    It is pertinent to mention that as per Prothom Alo report published on 12 September 2018, Bangladesh stood first in the list of fastest growing millionaires defending China, India, USA, etc. It can be reasonably presumed that a good number of Bangladeshi millionaires are from RMG entrepreneurs. It is very ironical and shames that entrepreneurs from this sector become rich exploiting the cheap labor of the workers of this sector doing least for their development. Almost all the workers of this sector are poorly paid, working environments are not safe and sound and above all working conditions are not meet international standards.
    In this article the author only confined to examine rights of female workers provided under national laws as well as international instruments and in what extent these rights were implemented in RMG sector of Bangladesh.
    Section 46 of the Bangladesh Labour Act, 2006 provides that every woman worker shall be entitled to maternity benefit from her employer for the period of 8 (eight) weeks1 preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery, and her employer shall be bound to give her this benefit. Section 93 of the Act provides that in every establishment where more than 50 (fifty) workers are ordinarily employed, adequate and suitable number of rest rooms shall be provided and maintained for use of the workers, and a suitable lunch room with arrangement for drinking water, shall also be provided and maintained in that establishment so that the workers may eat their meals that they may have brought with them. It is pertinent to mention that in the establishments where more than 25 (twenty five) female workers are employed, separate rest room shall be provided for male and female workers and in establishments where less than 25 (twenty five) female workers are employed, separate screened spaces shall be provided in the rest room for female workers. Section 94 of the same provides that in every establishment, where 40 (forty) or more female workers are ordinarily employed, one or more suitable rooms shall be provided and maintained for the use of their children who are under the age of 6 (six) years. However, it is alleged that least women workers get maternity benefit from their employers. Many employers put conditions that maternity benefit will be provided once the workers rejoin the workplace after maternity leave. So the pregnant workers deprive from the economic support when they need it most. Also there is allegation against many employers that pregnant women are fired from the job without any reason once they become pregnant. Least factories provided children room, rest room for female workers, canteens, etc as per Bangladesh Labour Act, 2006. Also their conditions of service, working hours, etc is not follow the standards stipulated in the Workers with Family Responsibilities Convention, 1981. The Convention is based on the principle of creating equality of opportunity and treatment in employment and occupation. The key features of convention are: to enable workers with family responsibilities to exercise free choice in employment; to take account of their needs in terms and conditions of employment and in social security needs and community planning; to develop or promote community services, such as child care and family services and facilities; to provide vocational training and guidance to help workers with family responsibilities get into and remain in the labour force; to promote information and education that contribute to a broader public understanding on the principle of equality of opportunity and treatment for men and women workers with family responsibilities.

    The labour laws of Bangladesh lack the features envisioned in the convention. For the enhancement of the standard of the life of female workers in RMG sector existing provisions of labour laws should be implemented strictly and provisions provided in the convention stated above should be incorporated in our labour laws without further delay. Otherwise, social and economic discrimination will be continued in an unbounded way which may cause devastating negative impacts on economy and society as well.

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