LABOUR RIGHTS INDEX 2022

Bangladesh

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Bangladesh’s overall score is 48 out of 100. The overall score for Bangladesh is lower than the regional average observed across South Asia (56.33). Within the South Asian region, the highest score is observed for Nepal (72).

Bangladesh ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1972 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1972.

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§38 of the Constitution of Bangladesh, 1972; §1(4), 175, 176-177, 195 of Labour Act 2006

A

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§202 of Labour Act 2006; Bangladesh EPZ Labour Act, 2019

Does the law provide for the right to strike?

No

0

§211 of Labour Act 2006

A

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§195(h) & 294 of Labour Act 2006; §115(g) & 155 of Bangladesh EPZ Labour Act, 2019

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation
§1(4) & 175 of Labour Act 2006

Notwithstanding anything contained in sub-section (3), this Act shall not apply to-
(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,
orphan, abandoned child, widow or deserted woman, which are not run for profit or gains;
(e) Shops or stalls in any public exhibition or show which deal in retail trade and which is
subsidiary or to the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes not maintained for profit or gains;
(i) In respect of chapter, ii, any shop, commercial establishment or industrial establishment owned and directly managed by the government where the workers are governed by conduct rules applicable to government servants;
(j) workers whose recruitments and terms and conditions of service are governed by laws or rules made under article 62, 79, 113, or 133 of the constitution, except, for the purposes of chapters XII, XIII and XIV workers employed by the-
(i) Railway Department
(ii) Posts, Telegraph and Telephone Departments,
(iii) Roads and highways Department, (iv) Public works Department, (v) Public Health Engineering
Department,
(vi) Bangladesh Government press.
(k) Workers employed in an establishment mentioned in clauses (b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than ten workers are normally employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of his family and without employing any hired labour.
“175. Special definition of ‘worker’ : In this Chapter, unless there is anything repugnant in the subject or context, ‘worker’ means a worker as defined in section 2 (LXXV), and includes, for the purpose of any proceedings under this Chapter in relation to an industrial dispute, a person who has been dismissed, discharged, retrenched, laid off or wither wise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment,
lay off or removal has led to that dispute, but does not include a person employed as a member of the watch and ward or security staff or fire-fighting staff or confidential assistant or telex operator or fax operator or cypher assistant or any establishment.”

Violations

No Violation

Violations

National Labour Legislation
§211of Labour Act 2006

211. Strike and lock-out : (1) The party which raised the dispute may, within fifteen days of the issue to it a certificate of failure under section 210 (11), either give to the other party a notice of strike or lockout, a the case may be, to commence on a day, not earlier than seven days and not later than fourteen days of the date of such notice, to be specified therein, or make an application to the labour court for adjudication of the dispute:
Provided that no collective bargaining agent shall serve any notice of strike unless three-fourths of its members have given their consent to it through a secret ballot specially held for he purpose,
under the supervision of the conciliator, in such manner as may be prescribed.
(2) If a strike or lock-out is commenced, either of the parties to the dispute may make an application to the labour court for adjudication of the dispute.
(3) If a strike or lock-out lasts for more than thirty days, the government may, by order in writing, prohibit the strike or lock-out:
Provided that the Government may, by order in writing, prohibit a strike or look-out at any time before the expiry of thirty days if it is satisfied that the continuance of such strike or lock-out is causing serious hardship to the community or is prejudicial to the national interest.
(4) In the case of any of the public utility services, the Government may, by order in writing, prohibit a strike or lock-out at any time before or after the commencement of the strike or lock-out.
(5) In any case in which the Government prohibits a strike or lock-out, it shall forthwith refer the dispute to the Labour court.
(6) The Labour court shall, after giving both the parties to the dispute an opportunity of being heard, make such award as it deems fit as expeditiously as possible but not exceeding sixty days from the date on which the dispute was referred to it :
Provided that the labour court may also make an interim award on any matter or dispute :
Provided further that any delay by the labour court in making an award shall not affect the validity of any award made by it.
(7) An award of the labour court shall be for such period as may be specified in the award which shall not be more than two years.
(8) No strike shall be permissible in an establishment for a period of three years from the date of commencement of production, if such establishment is a new one or is owned by foreigners or is established in collaboration with foreigners. But other provisions of this chapter relating to resolving industrial dispute shall apply to such establishments.

Violations

National Labour Legislation
§294 of Labour Act 2006; §155 of Bangladesh EPZ Labour Act, 2019

294. Penalty for illegal strike or lock-out : (1) Any worker who commences, continues or otherwise acts in furtherance of an illegal strike shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand taka, or with both.
(2) Any employer who commences continues or otherwise acts in furtherance of an illegal lock-out
shall be punishable with imprisonment for a term which may extend to one year, or with fine which
may extend to five thousand taka, or with both.
“155. Penalty for illegal strike or lock-out.(1) If any worker commences, continues or otherwise acts in furtherance of an illegal strike, he shall be
punished with fine which may extend to 5 (five) thousand Taka or with imprisonment for a term which may extend to 6 (six) months, or with both.
(2) If any employer commences, continues or otherwise acts in furtherance of an illegal lock-out, he shall be punished with fine which may extend to 20 (twenty) thousand Taka or with imprisonment for a term which may extend to 1 (one) year, or with both, and in the case of a recurrence of offence, with a further fine which may extend to 2 (two) thousand Taka for each day after the first offence during which the offence continues.”