A report compiled by SKOP has termed some sections of the proposed EPZ Labour Act-2016 a violation of ILO Conventions and weaker than the existing Labour Act-2006.The law is friendlier to employers than the employees, it observed. The report was submitted to the Standing Committee of the Ministry of Law, Justice and Parliamentary Affairs by the Sramik Karmachari Oikya Parishad (SKOP) and some lawyers on August 17. The SKOP is a platform of about 12 national trade bodies.Meanwhile, the Cabinet approved the law in principle last February and recommended its enactment.The report has viewed that a separate law only for the EPZ workers is illogical even after having a strong labour law in the country. Section 1(3) of the existing labour law clearly says that it is applicable to all except some sectors, which have been mentioned in the Act.Accordingly, the EPZ sector is under the jurisdiction of the existing labour law.The report observed that the ILO Convention No 144 was not followed in the preparation of the proposed law.No discussion was held with the representatives of the workers and their views were not taken into consideration.But their views were taken before enactment of the National Labour Policy-2012, Bangladesh Labour Act-2006, Bangladesh Labour Rules-2015 and Domestic Help Protection and Welfare Policy-2015.The proposed law has authorised the Bangladesh Export Processing Zones Authority (BEPZA) to apply the law and form Workers’ Welfare Associations.They are also empowered to settle the industrial disputes, register associations, among others.The authority vested in the Labour Directorate and the Department of Inspection for Factories and Establishments has been handed over to BEPZA, which is a contradiction of the ILO Convention No 81.The report has found the power of the EPZ law and the Appeal Tribunal very limited compared to those of the existing law and tribunal.The labour court under the existing law has the authority to impose ban on any matter but the EPZ law does not have it.There is no section in the EPZ law, which ensures the rights of service benefits of the workers in case of termination or resignation, but the existing Labour Act’s Section No 27 has ensured the workers of service benefits.The workers are not authorised by the proposed law to file or appeal to the EPZ labour tribunal challenging suspension or termination orders, which is a violation of the worker rights for getting justice.But the existing Labour Law’s Sections 33, 33(6) and 217 have given the rights to lodge cases and appeals against such orders.The BEPZA has been empowered to issue rules bypassing the existing Labour Act’s Sections 317, 318 and 319.The representatives of the workers have no permission to look into any allegation of offence allegedly committed by any worker but the existing Labour Act’s Section 24 has given them the rights.The EPZ law has denied the rights of forming trade unions without prior permission, which is a violation of the Constitution’s Section No 38 and ILO Convention No 87.The Constitution’s Section No 27 says, “All citizens are equal before law and are entitled to equal protection of law.”So, the enactment of a separate law only for the EPZ workers will ignore the Constitutional rights creating dual policies, the report says.
