Bangladesh is a developing country in South Asian region with 130 million of people. According to Labour Force Survey 2000 of the Bangladesh Bureau of Statistics (BBS), the total estimated civilian labour forces of the country is 60.3 million and among them 37.81% are female.
The constitution of Bangladesh has recognized fundamental rights of the workers at work places including necessary social protection. Globalization and changing economic condition influencing traditional workplace values, nature of employment, working condition, welfare facilities, industrial relations and contemporary social protection system. The introduction of free market economic policies, unbalanced economic and industrial reforms posed serious challenges to job security and social protection of workers in different sectors.
The approximate ratio of formal and informal sector in Bangladesh is 20:80 and the ratio between public and private sector is 30:70. However 51% of employment is covered by agriculture - forestry and fishery sector, the production and transport sector cover 6.4% of employment, 1% of employed people in clerical occupation, 4.5% in sales and 1.2% in service sector.
Women are increasingly entering into job market mainly in ready-made garments and allied sector, tea gardens, NGOs, health care services, food processing industry, export processing zones, services sectors and commercial enterprises and informal sector i.e. construction, agriculture etc.
The core labour laws of the country are Industrial Relation Ordinance, 1969, Worker's Compensation Act, 1923, Payment and Wages Act, 1936, Maternity Act, 1939, Factory Act 1965, Shops & Establishment Act 1965, Employment of Labour (SO) 1965 etc. Majority of the labour laws are backdated with week enforcement by concerned authorities and most important face of it is that in does not covered all section of workers.
According to recognized international definition, the social safety nets can be broadly defined as those instruments aimed at providing extended social protection, guarantee of social security to the most needing sections of society particularly the working class and the social poor as their human and social rights not only for their human and social objectives in public policies and private participation, but as system of international convents, collective social contract and income redistribution. This means that social safety nets include both social security schemes such as guarantee of decent minimum wage; old age/ retirement benefits; unemployment insurance benefits; retrenchment compensations; medical care sickness and compensation for employment injury and death; maternity protection and issues specific to women as well as social and welfare programs, as determined in law, policy measures, contracts including collective bargaining agreements and international instruments.
In Bangladesh the root of social security system and laws are based upon rules and regulation introduced by the British Colonial regime. There is no specific national policy at present on safety-net issue and very little discussion took place in society on this regard.
Decent wage is one of an important factor to achieve the objective of decent work. Right to receive fair minimum wage is one of a human right for all workingmen and women at workplaces and a key issue for the trade unions. It is also important to note that the UN Millennium Development Goal or poverty reduction strategy of Bangladesh would not success without having any minimum wage standard for the workers.
But the reality is, there is no national minimum wage in Bangladesh yet. The enforcement machinery has little capacity to enforce and ensure the appropriate payment of minimum wages to various industries in private sectors. Also, there is no wage standard in informal sector.
The wage structure determined by the Minimum Wages Board or Wage Commission or the Pay Commission is not based on minimum daily life requirement of a worker. For that reason, there is a huge gap between income and expenditure level of a worker and employees forced to live below the poverty line.
One of an important safety-net issue for all working women in maternity benefit right. But, in Bangladesh the majority of the women workers are deprived from this right for various reasons such as the weakness of relevant rules/acts and lack of enforcement, negative attitude of the employers to violate the rules/acts, lack of awareness among women workers about this special right, week role of trade unions to deal the issue, lack of seriousness from the part of the government on implementation and monitoring of relevant laws at workplace level.
The condition of maternity benefits rights of women workers is very much low in leading women worker intensive sectors such as the garments, private shops/establishments and services sectors.
Maternity Welfare Facilities
Before enactment of the Bangladesh Labor Act, 2006, the Maternity Benefit Act, 1934, the Mines Maternity Benefit Act, 1941 and the Maternity Benefit (Tea Estate) Act, 1950 dealt with the employment of women in certain establishment for a certain period before and after childbirth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation, shops and establishments employing five or more persons. Employers are also mandated to provide maternity benefits to the employee who has completed at least six months of service with the employer by the date of confinement. Every pregnant labor has been provided progenitor welfare facilities before and after eight weeks from the date of confinement. The benefit consists of a payment depending on current wages for eight weeks before and eight weeks after the birth of the child. Employers are also prohibited to force any progenitor engaging in any work after the date of confinement. Employers are also prohibited to discharge, dismiss, and terminate any progenitor labor before six months by the date of confinement and after eight weeks by the date of confinement. If the woman dies on the day of confinement and within 8 weeks on the day of confinement, maternity benefits are to be paid to the person who takes care of the child. If both the woman and the child die, the benefit is to be paid to the person she nominated, or if no such nomination has been made, to her legal successors.
What is Maternity Benefit?
Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.
Prohibition of Employment of Women Workers
The employment of women in certain cases has been restricted by section 87 of the Bangladesh Labor Act. Section 45 of the Bangladesh Labor Act, 2006 prohibits workings any establishment and employer shall not knowingly employ a woman during the eight weeks immediately following the day of her delivery in any establishment.
The employer may not employ a woman during the eight weeks immediately following the day of her delivery.
No woman shall work during the eight weeks immediately following day of her delivery.
No employer shall employ a woman for any difficult work, or for which the woman workers has to work by keeping herself standing for a long time, or for any work which is harmful to her if—
He has reason to believe or if she has informed him that she is likely to deliver a child within ten weeks.
She has to the knowledge of the employer delivered a child within the preceding ten weeks.
Provided that in the case of a tea plantation worker she may under take light work in the plantation for so long as the medical practitioner of tea plantation certifies that she is physically fit to do so and for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit.
The Bangladesh Labor Act also Prohibits for employment of woman in certain cases by the section 39, 40, and 42. Section 39 of the Act prohibits the employment of woman in following—
No woman shall be allowed in any factory to clean any part of machinery while that part is in motion.
No woman shall be allowed in any factory to lubricant any part of machinery while that part is in motion.
No woman shall be allowed in any factory to adjust any part of machinery while that part is in motion and
No woman shall be allowed in any factory to work between moving parts or between fixed and moving parts of any machinery which is in motion of machines which are in motion.
Section 40 of the Bangladesh Labor Act does not allow for employment of woman on dangerous machine. Power presses other than hydraulic presses, milling machines used in the metal trades, guillotine machine; circular saws and plate printing machines are treated as dangerous machines.
Section 42 of the present Labor Act also prohibits for employment to work of woman in underground or under water. No adolescence male and adolescence female shall be employed in any establishment to lift, carry or move by hand or on head, unaided by another person, any material article, tool or appliance exceeding 50 lbs and 40 lbs respectively in weight.
RIGHT TO AND LIABILITY FOR PAYMENT OF MATERNITY BENEFIT
To get the maternity benefit is a right of the women workers in any establishment under the Bangladesh Labor Act, 2006 and payments of maternity benefit under this Act are made by the employers. Legislation concerning the payment of maternity benefits, before and after confinement, was in operation in any establishment in Bangladesh. Section 46 if the Bangladesh Labor Act states that-
Every woman employed in any establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the tentative date of her delivery and eight weeks immediately following the say of her delivery.
Provided that a woman shall not be entitled to such maternity benefit unless se has worked with the employer for not less than six months immediately preceding the tentative date of her delivery.
No women worker shall be entitled to such benefit if she has, at the time of delivery, two or more children alive; however, will be entitled to any leave which she is otherwise entitled.
PROCEDURE REGARDING PAYMENT OF MATERNITY BENEFIT
According to section 47 of the Bangladesh Labor Act, states that—
(1) Any pregnant woman who is entitled to maternity benefit under this Act may on any day give notice either orally in person or in writing to the employer that she expects to deliver a child with eight weeks of the notice and such notice shall include the name of the nominee of the benefits in case she dies during delivery.
(2) If no such notice is given by the woman and she has delivered a child, she shall, within seven days of the delivery, give notice to the employer that she has given birth to a child.
(3) When such notice under sub-section (1) or (2) is received by the employer, he shall permit the woman to be absent herself from work for eight weeks
a). from the day following the date of notice under subsection (1);
b). from the day of delivery in the case of notice under subsection (2)
(4) An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desires, namely-
Or eight weeks within three working days of the production of a certificate signed by a medical practitioner stating that the woman is expected to be confined within eight weeks of the date of certificate and for the remainder of the period for which she is entitled to maternity benefit within three working days of the production of the Proof that she has given birth to a child.
For the said period up to and including the day of delivery within three working days of the production of proof that she has given birth to a child and for the remainder of the said period, within eight weeks of the production of such proof, or
For the hole of said period, within three working days of the production of proof that she has given birth to a child;
Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production if proof under this sub-section that she has given birth to a child, unless such Proof is produced within three months of the day of delivery.
(5) The proof is required to be produced under sub-section (4) shall be either a certified extract from a birth register under the Birth and Deaths Registration Act 2004 (Act no. 29 of 2004) or certified from a registered practitioner or any other proof acceptable to the employer.
AMOUNT OF MATERNITY BENEFIT
Section 48 of the Bangladesh Labor Act states that-
(1) The maternity benefit which is payable under this Act shall be payable at the rate of daily, weekly or monthly average wages as the case may be, shall be calculated in the manner laid down in sub-section (2); and shall be made wholly in cash.
(2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as the case may be, calculated by dividing the total wages earned by the women during the three months immediately proceeding the date on which she gives notice under this Act by the number of days she actually worked during the period.
PAYMENT OF MATERNITY BENEFIT IN CASE OF THE DEATH OF A WOMAN
According to section 49 of the Bangladesh Labor Act,
(1) If a woman entitled to maternity benefit under this Act dies on the day of her delivery or during the period of eight weeks thereafter in respect of which she is entitled to the maternity benefit, the liability of the employer under this Act shall not, by reason of her death, be discharged, and he shall pay the amount maternity benefit due, if the newly born child survives her, to the person who undertakes the care of the child and, if the child does not survive her, the person nominated by her under this Act, if there is no nominated person, to her legal representative.
(2) If a woman dies during the period in respect of which she is entitled to maternity benefit, but before giving birth t a child, the employer shall be liable to pay maternity benefit of the period which she was entitled up to the date of her death but if the benefit already given is more than the amount she is entitled to, yet such additional amount cannot be taken back and any amount due at the death of the woman shall be paid to the person nominated by her under this Act, or if she has made no such nomination t her legal representative.
PROHIBITION OF DISMISSAL OF WOMAN IN CERTAIN CASES
Section 50 of the Bangladesh Labor Act, states that— if the employer gives notice or order of dismissal, discharge, or removal to a woman without sufficient cause within a period of six months before her delivery and eight weeks after delivery, she will not be deprived of the maternity benefit to which but for such notice she may have become entitled under this Act.
Based on this Law we have chosen or observed a particular organization named PRAN-RFL group, Dhaka Bangladesh.
No comments:
Post a Comment