CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Bangladesh (RATIFICATION: 1972)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 1 September 2022, referring to the matters addressed below.The Committee also notes the reply of the Government to the observations submitted by International Trade Union Confederation (ITUC) in 2021.

Legislation. The Committee takes note of the information provided by the Government with respect to the adoption of the Standards Operating Procedures (SOPs) concerning (i) the approval of factory layout plans; (ii) labour complaints and investigations; (iii) labour inspection; (iv) registration and license giving processes; (v) occupational accident investigation (vi) occupational diseases. The Committee also notes the adoption of the Ready-Made Garment (RMG) and factory inspection checklist.

Articles 2, 3(1)(a) and (b), 5(a) and (b), 13, 17 and 18 of the Convention. Inspection activities to improve occupational safety and health (OSH) standards in the RMG sector. The Committee notes that in reply to its previous request, the Government indicates that a draft framework of cooperation and monitoring was prepared by the Department of Inspection for Factories and Establishments (DIFE) for the ready-made garment Sustainability Council (RSC) based on the terms and conditions of the licenses given to RSC by the Ministry of Commerce (MoC). The Government indicates that the draft is currently under consideration by the MoC. The Committee notes that, in the additional information provided by the Government concerning the implementation of the third priority area of the road map of actions (labour inspection and enforcement), a ten-member review panel for the RSC, headed by the Inspector General of the DIFE, and consisting of technical experts along with RSC representative, has been formed in March 2022 to address the appeals received from workers who are aggrieved by the activities of RSC. The Committee further notes that in its observation, the TU-ILS Committee indicates that the complaint mechanism under the ACCORD and ALLIANCE was faster and more effective than the one established under the RSC and its outcome was legally binding. The trade unions also indicate that, while the ACCORD used to be represented by buyers and trade unions, the RSC Governing Body consists of 12 employers and six workers and that therefore employers are more influential. Concerning NIRAPON, the trade unions indicate that they are not aware of its activities as its work is not visible. The Committee requests the Government to provide its reply to these observations. It also requests the Government to continue to provide detailed information on the progress made in the development of a framework of coordinated monitoring of building safety in the RMG sector between the RSC and the DIFE and provide the details of such framework once adopted. Noting the absence of information on the matters, the Committee requests the Government to (i) provide information on the work carried out by the NIRAPON and the RSC, specifying the extent to which they monitor fire, electrical and structural safety in all factories previously covered by the ALLIANCE and the ACCORD; and (ii) indicate the number of inspections undertaken by the NIRAPON and the RSC, the number and nature of corrective actions requested by each initiative, and the results of such corrective actions including – if there are factory closures – any measures to provide severance or new job prospects for affected workers.

The Committee notes that in reply to its previous comment, the Government indicates that (i) an Industrial Safety Unit (ISU) has been established, consisting of seven staff who received training in fire, electrical, and structural safety; and (ii) a proposal has been submitted for providing further assistance to the ISU, including a request for technical assistance to the ILO. The Committee requests the Government to continue to provide information on the measures adopted in order to ensure that the ISU is operational and to indicate the activities undertaken by the Unit.

The Committee notes that in reply to its previous request concerning remedial actions for safety issues, the Government indicates that the remediation coordination cell (RCC) provides technical support for remediation measures in factories that fall under the NATIONAL Initiative (NI) and verifies the progress in the implementation of the corrective action plans. The Government indicates that factory owners are responsible to complete the remediation using their own resources. The Government indicates that, out of the 1,549 NI factories, 748 factories closed and of the remaining, a total of 666 are undergoing follow-up by RCC, 13 have joined private initiatives, 11 have moved under the authority of the export processing zones (EPZ)and 111 factories have relocated from the building. The Government indicates that as of December 2021, the overall progress of factory remediation is 55 per cent. The Government also indicates that following the decision of the National Tripartite Committee on the National Tripartite Plan of Action on Structural, Fire and Electrical Safety in the RMG sector of Bangladesh, three task forces have been established (on structural issues, fire, and electrical safety). These task forces: (i) are headed by inspector general of the DIFE, with the participation of the Bangladesh University of Engineering and Technology Experts, the Bangladesh Fire Service and Civil Defence, the Chief Electrical Inspectorate, the Public Work Division and DIFE officers; and (ii) approve the design of structural, fire and electrical plans made by factory management, with the support of consultancy firms. The Government also indicates that a new project on the risk identification, technical assistance and remediation supervision for selected factories is in the approval process. The project, which aims at reducing accidents in selected factories, will be implemented between July 2022 and June 2024 and will cover almost 2,000 RMG and non-RMG factories to ensure their safety-related compliance. The Committee requests the Government to continue to provide detailed information on the number of factories covered by the NATIONAL initiative as well as the number of factories undergoing follow-up by the RCC, including those that have taken remedial actions. In this regard, the Committee requests that the Government provide information on the number of factories receiving technical support from the RCC, the nature of that support, and the manner in which the remediation process is verified by the RCC. The Committee also requests the Government to provide more information on the activities of the task forces in reviewing and approving the structural, fire and electrical safety plans of factories. Noting the absence of information on the implementation of the escalation (compliance) protocol for remediation of 2019, the Committee requests the Government to indicate whether this protocol is still in use and, if so, to provide details on its implementation. Finally, the Committee requests the Government to provide information on the approval and implementation of the project on risk identification, technical assistance and remediation supervision for selected factories.

Article 3(2). Additional functions entrusted to labour inspectors. Conciliation. In reply to its previous comment, the Committee notes the Government’s indication that according to the citizen charter of DIFE, it takes 30 days to resolve complaints regarding the payment of wages and other benefits through the conciliation process established in section 124a of the Bangladesh Labour Act, 2006 (BLA). The Government adds that in the fiscal year 2021-2022, there were 3,604 complaints received and all of them were resolved. The Committee also notes the observations from the TU-ILS Committee, indicating that due to the responsibility of conciliation and wage settlement, DIFE inspectors are diverted from their main responsibilities. The trade unions indicate that the power of conciliation and grievance handling should be shifted from DIFE to the Department of Labour (DOL). The Committee recalls that, pursuant to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, including mediation, shall not be such as to interfere with the effective discharge of those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.The Committee requests that the Government provide its reply to the observation of the trade unions. It also requests the Government to indicate the number of labour inspectors involved in conciliation functions and to indicate the proportion of time and resources spent on labour disputes, in comparison to those spent on the discharge of their primary duties as defined under Article 3(1) of the Convention.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that, in reply to its previous comment, the Government refers to the provisions of the BLA, 2006 providing for the obligation of the employer to maintain a register and notify the DIFE of accidents and diseases (sections 80 and 82 of the BLA). The Government also refers to (i) an ongoing upgrade of the Labour Inspection Management Application (LIMA); (ii) awareness training provided to the employers; and (iii) a technical SOP on occupational disease approved by the Ministry of Employment and Labour (MoLE) in August 2022 for the use of DIFE inspectors in the field. The Committee also notes that in the additional information provided by the Government concerning the implementation of the third priority area of the road map of actions (labour inspection and enforcement), the Government indicates that the number of safety committees created in factories across the country increased to 5,959 as of 30 June 2022. In addition, the Committee notes that in their observation, the TU-ILS Committee indicates that the reasons for under-reporting of industrial accidents and disease include (i) the lack of will from the employers to report; (ii) the lack of sufficiently dissuasive penalties for non-reporting; and (iii) the lack of trade union presence and of effective safety committees at the level of the establishment.The Committee requests the Government to provide its reply to the observations of the trade unions. It also requests the Government to indicate the impact of the technical SOP on the reporting of occupational accidents and disease. In addition, the Committee requests the Government to provide information on the duties of the safety committees in the promotion of OSH at the level of the establishment, including any involvement in the reporting or notification of occupational accidents to the DIFE. Noting the absence of information in this respect, the Committee requests once again that the Government (i) indicate any impact that the LIMA might have on the collection of statistics of industrial accidents and cases of occupational diseases; (ii) provide an assessment on the reasons for the underreporting of industrial accidents and the lack of reporting of any cases of occupational disease; (iii) indicate whether consideration is being given to providing for sufficiently dissuasive penalties for non-compliance with reporting obligations in relation to cases of occupational disease.

Articles 20 and 21. Publication and communication of annual labour inspection reports necessary to evaluate the effectiveness of the labour inspection system. Availability of inspection statistics in relation to all sectors. The Committee notes with interest that, in reply to its previous comment, the Government indicates that an initiative was taken to establish a detailed database of workplaces liable to inspection in Bangladesh. The Government indicates that there are around 32,029 factories registered (including RMG and non-RMG factories) and that this database is available on the website of the DIFE. The Committee also notes that the Government is in the process of publication of the labour inspection report for the financial year 2021-22. The Committee also notes the Government’s indication that as the LIMA will be fully functional from this year, the labour inspection report for 2022-2023 will reflect all the elements of Article 21 of Convention No. 81.The Committee requests the Government to continue to pursue its efforts to ensure that the labour inspection reports are published and contain all the information required in Article 21 of the Convention.

[The Government is asked to reply in full to the present comments in 2023.]