Lets compel employers to be more humane: the need for more protection of private sector employees

Samiul Azim and Tanzina Akter Riya
If we assume an organization as a human body then we can assume employees as a lung which is continuously inhaling oxygen and ejecting carbon di oxide from our body and employees are helping the companies to make a profit and also help the company to stay competitive in the market.
If our lung gets infected do we take medicine to cure it or just cut it off? But the harsh reality is that in our country especially the employees of private companies are constantly being deprived of getting decent treatment of their employers during their sickness. From a personal experience, one of our relatives, who was appointed in a financial institution was diagnosed with brain tumor and when his company came to know about it, his company forced him to resign. On the other hand, a joint secretary diagnosed with cancer got government’s full support including huge financial assistance. Thus, a question arises whether the employee of a private organization hasany legal right to get better treatment from employers in this type of desperate situation?
If we look at the Bangladesh Labor Act 2006 (BLA 2006), under section 2(1A) it has been clearly stated that what will be defined as total disablement and partial disablement. As per this section “partial disablement” means, where the disablement is of a temporary nature, such disablement which reduces the earning capacity of a worker in any employment in which he was engaged at the time of the accident resulting in the disablement and where the disablement is ofa permanent nature, such disablement which reduces his earning capacity in every employment which he was capable of undertaking at that time.
In section 22(1) of BLA 2006, it has been clearly stated that on which ground a company can discharge an employee from service and in section22 (2) the duty of a company towards its employee is spelt out.
As per section 22(1), a worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health but it must be certified by the registered medical practitioner.
Section 22(2) states of BLA 2006 states that if the discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher
As per section 2(Lxvii) of BLA 2006, total disablement” means such disablement, whether of a temporary or permanent nature, which incapacitates a worker for all work which he was capable of performing.
But in our country our government is ensuring the safety of an employee if he is injured during discharge of his/her duty. However, for non- work related injuries or diseases, this law is not apparently affording any protection. But if a company forces an employee to resign for his disease which might need some time to cure, this is cruel. Because where an employee is giving service to a company for a long period but when he becomes sick and his company is not giving minimum time to get the treatment and dumping him like a waste.
In our view, such an act violates article 20(1) of the Constitution of Bangladesh. Because it has been stated here work is a right, a duty and a matter of honor for every citizen who is capable of working and everyone shall be paid for his work on the basis of the principle “from each according to his abilities, to each according to his work”. And if a company is forcefully throwing employees from their jobs due to his temporary illness, can they enforce this right through the court? Because it might arguably, be the violation of a right of a citizen to work because he is still capable of working. Lastly we would say that a worker who always works his or her best for the companies should get some time to get the proper treatments to regain his capability.