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Human Psychology Human
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Introduction:
In the latter half of the twentieth century, there has been a dramatic rise in the
proportion of women who have entered the workforce throughout the world. In
Bangladesh the number of women working has also gone up in the last 20
years. As per available data of Bangladesh Bureau of Statistics (BBS) in 2006,
of the 49.5 million of civilian workforce, about 38% are female (BBS, 2006).
With women working, maternity leave is of course an issue.
Evolution of the labour laws and those relating to maternity benefits in
Bangladesh
The century old labour law system in Bangladesh was enacted during the
British rule of the subcontinent, in 1881. Later, laws concerning different labour
issues, e.g., The Factories Act (1881), Workmens Compensation Act (1923),
Trade Unions Act (1926), Trade Disputes Act (1929), Payment of Wages Act
(1936), Maternity Benefits Act (1939), and the Employment of Children Act
(1938) were a few of the employment/labour laws enacted during that period.
After the separation of the Indian sub-continent in 1947, almost all the laws
during the pre-partition period were kept in force with some modifications and
amendments, in the form of administrative rules, by the Pakistan Government.
After the independence in 1971, the Bangladesh government retained the
previous laws through the Bangladesh Laws Order (Presidents Order No. 48).
No major development took place in the history of labour legislation till the
enactment of the Bangladesh Labour Act, 2006. The Bangladesh Labour Act,
2006 is a major and comprehensive enactment regarding industrial relation
system through codification of existing labour laws in order to avoid
Maternity Benefits
(MB), Chapter IV
under BLA 2006
Maternity
The Changes
Benefits Act,
1939 (widely
used
previously)
Leave Duration
12 weeks (6 weeks
prior and 6 weeks
post-delivery)
(Sec 46)
An extension of 4
weeks
Eligibility criteria
relaxed by 3
months
Employment type
eligible
Those employment in
permanent capacity
Same
No changes in
eligibility:
Funding Sources
Employer funded,
Employer Funded
No changes
Procedure of
payment (Sec 47)
To be paid within
48 hours of
submission of
certificate of
pregnancy or
delivery (Sec 5)
1.
Payment of 8 weeks
of salary within 3 days of
submitting proof of pregnancy
and remaining 8 weeks 3 days
after submission of proof of
delivery.
2.
Payment of 8 weeks
of salary within 3 days of
submitting proof of pregnancy
and remaining within 8 weeks
after submission of proof of
delivery.
3.
The whole amount
(16 weeks salary) within 3
days of proof of delivery.
Amount to be paid
Same
No changes
Denial of eligibility
1.
Those who have
worked less than 6 months
A major step in
benefit provision of
limiting to two
children only
2.
Those who have 2
or more surviving children,
they can avail other leave(s)sick/ annual/casual etc.
many times do not want to bear child because of fear of losing their job as
majority end up being fired by their employers when they become pregnant, or
sent on leave without pay (BILS, 2010). While the public sector workers are
privileged, where most recently the maternity leave period has been extended
to 6 months or 24 weeks, the situation is much worse in the largest
manufacturing sector of the country, the garments sector which is the largest
employer of women.
Survey by War on Want (2011) on 988 garments workers reveals 50% of the
interviewed for this report stated that some form of maternity leave is provided
at their workplace. However, 48% had been denied the benefit. Also, two
thirds of the women interviewed were unaware of the full legal entitlement to
maternity leave. Only 24% were aware of the proper maternity benefits they
deserved. Many workers also had to look for new jobs after giving birth or
return to the same factory at a lower grade, as they did not know their legal
rights to return to the same grade they held before their maternity leave.
So, the issues are non-compliance to the provisions of the laws relating to
maternity benefits in the private sector, specially the RMG sector. But there
are various reasons behind this phenomenon as discussed below.
Breach of equity in the name of profitability
The sectors which have seen the boom in business since the 1980s (mainly
RMG) have been attributed to being promoters social change for women.
Although neo-liberal policies have generally led to greater feminization of the
labour market, they may also have had adverse effects on women; that is, on
the demand side, firms employ women simply because they represent a
submissive pool of cheap labour an issue that is often entwined with the
element that as Standing (1999) said the relatively few women who
participate in the labour market often remain confined to the ranks of the socalled vulnerable employed (Standing, 1999).
In Bangladesh, availability of such a large pool of cheap labour meant that
manufacturers moved away from the traditional core worker model and leaned
towards the more contingent worker models. Irregular wage, overtime and
bonus payments have long been and remain one of the most significant
problems workers face in the industry including women. All of this has meant
that until recently, few women garments workers worked longer than five
years (Hossain, 2011). Variations in maternity leave provision across
factories/industries and a lack of awareness of workers rights mean that this
basic entitlement of employee equity has long been breached. Such
malpractice from employers clearly violates a component of the equity
dimension balancing work and non-work needs (Befort and Budd, 2009).
War on Wants survey (2011) showed that 50% still had to work overtime
while pregnant, 29% had suffered humiliating treatment at the hands of their
employers while they were pregnant, and 24% had been denied sick leave
during pregnancy (War on Want, 2011). More recently, BGMEA (the apex body of the
garments makers and exporters) submitted their opinion on matern ity leave to the labour
ministry for consideration and proposed introduction of 12 weeks or 84 days of
maternity leave for female workers in the garments industries citing the
example of India, Nepal and Indonesia. Their objection is that 24 weeks
maternity leave for female workers of garment industry would increase birth
rate in the country. This goes to show the other side of the coin, as employers
are still concerned with cost saving and profit maximization but fail to see the
positive effects of workplace efficiency through enhancing/ improving
employment relationships.
All the dimension of inequity comes together for these workers. They are
trapped in an inadequate employment relationship where low wages, lack of
paid leave (including maternity leave and benefits), no retirement benefits (not
in private sector) and other entitlements (like insurance, which are almost nonexistent in Bangladesh) making it exceedingly difficult for these workers to get
ahead.
Lack of employee voice
Employee voice is an essential element in the modern employment society but
in case of Bangladesh, apart from the public sector and a few industries where
multinationals operate (pharmaceuticals, FMCG, etc.) there is little objection
Recently, the Textile and Garment Workers Federation, for instance is moving
towards a more ratified mode of representational principles in place of the
adversarial politics (BIDS, 2006). The Bangladesh Independent Garment
Workers Union Federation (BIGUF) and Karmojibi Nari (Working Women),
constituted of active, rather than token, women leaders has also been
extremely active and pursues a variety of strategies to organize garment
workers, visiting them, organizing cultural programs to motivate them to
engage in collective bargaining with management and providing legal
education as well as legal support during disputes with management.
International Buyers need to enforce working conditions strictly to
create equity
With absence of direct intervention from the Government, related/vested
groups should take notice of the irregularities in labour law practice including
maternity issues. Recently, prolonged efforts of trade unionists, consumers
and human rights activists/NGOs to exert pressure on buyers to take greater
responsibility for working conditions have resulted in the proliferation of codes
that garment manufacturers now have to accept before they can win an order
from these buyers. Indeed, the BGMEA/BKMEA, at least have realized that
conformity is the key to future survival in the post-MFA competitive
environment. As a result, there has been a marked improvement in health and
safety standards in the major factories as well as a range of other benefits,
such as payment on time, proper overtime, maternity leave, etc. But these are
the large establishments (with forward and backward linkage) who are more
complaint. These types of efforts are required in all sectors employing women
to create a sense of equity/ fairness in the workplace. Women in Factories, a
five year initiative by Wal-Mart is such a program in conjunction with Care
Bangladesh (PR Newswire, New York, 05 Apr 2012). As Kabeer and Mahmud
indicate, there is certainly evidence of greater compliance in the garment
sector than in other industries (Kabeer and Mahmud, 2006).
Such measures can elevate the status of women as competent workers by
enhancing their self-worth and allowing them the freedom of balancing work