Experts seek stronger Labour Rules to tackle workplace discrimination, violence, harassment

Labour rights experts have called on the government to amend the Bangladesh Labour Rules, 2015 to ensure the effective implementation of newly introduced legal protections against workplace discrimination, violence and harassment under the Bangladesh Labour Act, 2006.

The call was made at a stakeholders’ meeting titled ‘The Proposed Amendments to the Workplace Complaint and Protection Mechanisms under the Bangladesh Labour Rules, 2015’, organised by the Solidarity Center at a hotel in Dhaka on Wednesday (22 July).

Presenting the keynote paper, Solidarity Center Country Programme Director AKM Nasim said, “It is essential that the remedies provided under the Labour Rules are comprehensive and effective. The definition of violence and harassment creates a degree of ambiguity by referring to ‘any unacceptable conduct in the workplace.’ The Labour Rules must facilitate the effective implementation of the rights guaranteed under the Labour Act by providing clear and unambiguous procedural guidance.”

The keynote paper reviewed the legal framework for the newly established Complaint Resolution Committee (CRC) and recommended amendments to strengthen its independence, procedural fairness and effectiveness.

It noted that although the amended Labour Act extends protection against workplace discrimination, violence and harassment to all workers regardless of gender, the composition of the CRC largely follows the earlier High Court guidelines developed for sexual harassment complaints.

Labour Advocate Salim Ahsan Khan said, “We should take urgent measures to prevent sexual harassment in organisations. It is important for us to enact a law that sets a precedent. If this crime is tried through domestic investigation, possibility of reduced penalty increases. Resolving complaints at an accelerated pace is important.”

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The paper recommended clear rules on the appointment and qualifications of external CRC members, the committee’s relationship with disciplinary proceedings under Sections 23 and 24 of the Labour Act, and comprehensive procedures for complaint handling, investigations, evidence, hearings, confidentiality, appeals and protection against retaliation.

Jamil Ansar, senior programme officer at the International Labour Organisation, said ILO Convention 190 required an independent complaints mechanism, but the amended rules lacked proper guidance in this regard.

The paper also called for stronger due process safeguards, specific procedures for complaints against non-worker respondents, including employers and senior managers, and greater clarity on the scope and enforcement of Section 307A, which deals with penalties for workplace discrimination, violence and harassment.