Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Bangladesh (Ratification: 1972)

Autre commentaire sur C081

Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, referring to the matters addressed below, and requests the Government to provide its comments in this respect.

The Committee notes that the complaint submitted in 2019 under article 26 of the ILO Constitution, concerning non-observance by the Government of Bangladesh of the Convention as well as of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), is pending before the Governing Body. At its 343rd Session (November 2021), taking note of the road map of actions submitted by the Government on 23 May 2021 and the report submitted by the Government on 30 September 2021, on the progress made with regard to its timely implementation, the Governing Body: (i) requested the Government to inform it of progress made in the implementation of the road map to address all the outstanding issues mentioned in the article 26 complaint at its 344th Session (March 2022), during which the Governing Body will again discuss the implementation of the roadmap; and (ii) deferred the decision on further action in respect of the complaint to its 346th Session (November 2022).

The Committee takes note of the additional information provided by the Government on 30 September 2021 on the progress made in the implementation of the roadmap to address all the outstanding issues mentioned in the article 26 complaint.

Legislative developments. The Committee takes note that, in the additional information provided concerning the implementation of the first priority area of the road map of actions (labour law reform), the Government details the progress made and envisaged with respect to the amendment of the Bangladesh Labour Rules (2015), the Bangladesh Labour Act (2006) (BLA), the Export Processing Zones (EPZs) Labour Act (2019), as well as to the adoption of the EPZs Labour Rules. The Committee requests the Government to adopt measures in order to ensure that the ongoing legislative reform process will take into account the outstanding issues addressed below as well as in the direct request to the Government, with a view to ensuring conformity of the legal framework with the Convention. The Committee requests the Government to provide detailed information on any progress made in this respect.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and special economic zones (SEZs). The Committee previously noted: (i) that Chapter XIV of the EPZs Labour Act provides for inspections to be undertaken by the Directorate of Inspection for Factories and Establishments (DIFE) in the EPZs; (ii) the ongoing consultations with workers, investors and relevant stakeholders to see how labour inspections undertaken by the DIFE can best be integrated with the existing supervision exercised by the Bangladesh Export Processing Zones Authority (BEPZA); and (iii) that under section 168 of the EPZs Labour Act, DIFE inspectors are allowed to undertake inspections but a prior approval of the Executive Chairman of the BEPZA is required. The Committee notes the Government’s indication that the development of inspection modalities for EPZs is ongoing and that, to this effect, a further meeting is expected to be held between the DIFE and the BEPZA to follow up on their last meeting held on 16 February 2021. The Committee further notes the Government’s indication that labour inspectors of the DIFE are regularly inspecting factories in EPZs without obstacles and in most cases without prior notice (inspections have been undertaken in nine factories between March and May 2021). Furthermore, the Committee takes note of the Government’s indication that the Bangladesh SEZs Authority (BEZA), which controls and supervises SEZs, will take all the necessary measures for the effective inspection of SEZs in accordance with Chapter XIV of the EPZs Labour Act (which provides for inspections by the DIFE). The Committee requests the Government to continue to provide information on the outcome of the abovementioned discussions on the development of DIFE inspection modalities for EPZs. Noting the absence of information on any progress made in this regard, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs and SEZs without any restrictions, such as the approval required from the Executive Chairman of the BEPZA for the undertaking of inspections, pursuant to section 168 of the EPZs Labour Act. In this respect, the Committee once again requests the Government to provide information on the nature and the modalities of the above mentioned approval of the BEPZA, including whether a separate request is required before each inspection, and if so, the number of requests made, the number approved, the time elapsed between each request and approval, and any reasons given for each failure to approve. It also requests the Government to provide statistical information on the labour inspections undertaken in EPZs and SEZs that are in operation, disaggregated into inspections by the DIFE and inspections under the BEPZA and the BEZA, including the overall number of inspections undertaken, the number and nature of all violations detected and the measures taken as a result.

Article 6. Status and conditions of service of labour inspectors. With regard to its previous comments, the Committee notes the Government’s statement in the additional information that the approval process of the proposal providing for the creation of new posts of labour inspectors is already underway and that a meeting was held on 31 August 2021 in the Ministry of Public Administration (MOPA) to assess that proposal. The Government also states that, upon clearance from all the Ministries involved in the approval process, this matter will be referred to the Bangladesh Public Service Commission (BPSC) (responsible for the selection of public service workers) for initiating the recruitment process. The Government specifies in its report that the number of labour inspector posts to be created will depend on the approval of the concerned Ministries. The Committee also notes the Government’s indication that new positions for 4 inspector generals, 12 joint inspector generals, 51 deputy inspector generals and 288 assistant inspector generals have been included as part of the proposal submitted to the MOPA. The Government indicates that, if approved, this will create more promotion opportunities for labour inspectors, and it further states that conditions of service for labour inspectors are the same as for other Government employees. The Committee also notes the observations of the ITUC that despite Government commitments in prior years to increase substantially the number of labour inspectors, there were 312 filled inspector posts and 221 vacant posts as of March 2019. The Committee requests the Government to provide information on the career structure of the DIFE, including levels and positions as well as the number of appointments made at each position. The Committee requests the Government to continue to provide information on any progress made in the process of creation of new posts and the recruitment of labour inspectors. Noting the absence of information in this regard, the Committee requests once again the Government to provide information on the attrition rate among inspectors at different professional levels. Finally, the Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.

Articles 7, 10, 11 and 16. Human and material resources of the labour inspectorate. Frequency and thoroughness of labour inspections. The Committee takes note that, in reply to its previous comments on the number of labour inspectors, the Government informs that: (i) the DIFE organigram consists of 993 posts, among which 575 are for labour inspectors; (ii) currently, 313 labour inspectors work in the DIFE; (iii) following a request from the DIFE, the recruitment process of 108 inspectors to fill vacant posts is underway; and (iv) due to the COVID-19 pandemic, the normal recruitment process is elongated and many of the public examinations are on hold. The Committee also notes the Government’s additional information that the BPSC has recommended to fill 99 of the 108 vacant posts requested by the DIFE, and that the Government is working on the preparation of a list of qualified inspectors to be promoted to the next upper level. Moreover, the Committee takes note that the labour inspection report of 2020–21 indicates that 14 labour inspectors (health) have joined in the DIFE and that 11 officers and staffs of different grades have retired and left from their jobs in this period. Furthermore, the Committee also notes the Government’s information that 47,361 labour inspection visits were carried out between 2020 and 2021. The Committee requests the Government to continue to provide information on the number of labour inspectors working at the DIFE and to provide information on any progress made in filling the 108 vacant posts, as well as on any other measures taken or envisaged to fill all of the remaining vacant posts. The Committee also requests the Government to provide information on the promotion of labour inspectors to senior posts, as well as on any specific measures taken to fill the posts left vacant because of those promotions. It also requests the Government to continue to include, in the labour inspection annual report, information on the number of labour inspection visits carried out, disaggregated by sector.

Furthermore, the Committee also notes the up-to-date information provided by the Government, in reply to its previous comments, on the training provided to labour inspectors (including the number of participants and subjects covered by in-house training programmes between 2020 and 2021). It also notes that, according to the information provided by the Government, the number of computers with internet connections increased from 80 in 2019 to 425 in December 2020 and that labour inspectors were equipped with 425 Android tablets to use during inspections. The Committee also notes that the number of vehicles allocated to the labour inspection service remained the same as in 2019. The Committee also notes an increase in the budget allocated to the DIFE, from 418.5 million taka in 2019–20 to 445 million taka in 2020–21. The Committee takes note that, in its observations, the ITUC indicates that inspectors suffer from logistic and transport shortages to carry out their duties properly, especially considering the additional inspection duties gained by the DIFE with regard to EPZs and SEZs. The Committee requests the Government to provide its comments in this respect.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. In relation to its previous comments, the Committee notes the Government’s indication that: (i) the confidentiality of the complaint and the anonymity of the complainants are ensured, where applicable; (ii) according to the standard operating procedure on labour complaints investigation, adopted in 2020, a minimum of 50 per cent of the regular inspections are unannounced; and (iii) generally, all the special inspections (such as accident investigations and complaint investigations, among others) are unannounced, except where the presence of witnesses or certain documentation are required. The Committee notes that, pursuant to Article 15 of the Convention, exceptions on confidentiality are understood to require particular justification, with strict standards applied in this respect. The Committee requests the Government to take specific measures to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint. Noting the absence of information in this regard, the Committee once again requests the Government to provide specific information on the number of unannounced inspection visits and those undertaken with prior notice, disaggregated by ready-made garment factory, shop, establishment, and other factories, as well as statistical information on the outcome of those visits, disaggregated in the same manner.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. With regard to its previous comments, the Committee notes that the Government once again reiterates that there is one legal officer at the DIFE responsible for the follow-up of labour law violations detected by labour inspectors, and that there is a plan to establish a legal unit at the DIFE, which is proposed to be composed of nine legal officers (less than the 17 legal officers previously mentioned by the Government). The Committee takes note of the Government’s additional information that the creation of new posts for a legal unit has already been requested by the DIFE to the MOPA. Furthermore, the Committee also notes the ITUC’s indication that fines for violations under the BLA remain too low to be dissuasive and are not enforced due to the lengthy legal process and to corruption. The ITUC also indicates that little data is available on the extent to which fines or penalties are imposed and that criminal proceedings for violations of the BLA are rare. The Committee requests the Government to continue to provide information on the progress made to establish a legal unit at the DIFE, indicating the number of staff and their functions, and to provide information on any other measures taken or envisaged to improve the proceedings for the effective enforcement of legal provisions. While noting the absence of information in this regard, the Committee once again requests the Government to provide information on: (i) any measures introduced or envisaged to ensure that penalties for labour law violations are sufficiently dissuasive; and (ii) the specific outcome of the substantial number of cases, indicated by the Government in the labour inspection report, that are referred to the labour courts (such as the imposition of fines, the amounts collected from fines imposed, and also sentences of imprisonment) and to specify the legal provisions to which they relate. Finally, the Committee requests the Government to provide up-to-date information on the number and nature of violations detected.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]