Analysis of Provisions Relating to Child Employment Under the Bangladesh Labour Act, 2006



The Bangladesh Labour Act, 2006 (BLA 2006) contains specific provisions regarding the employment of children, aimed at preventing child labor and ensuring the protection of working adolescents. The law aligns with international labor standards, including those set by the International Labour Organization (ILO) and the United Nations Convention on the Rights of the Child (UNCRC).

1. Definition of Child and Adolescent Employment

The BLA 2006 differentiates between children and adolescents for employment purposes:

  • Child (Section 2(63)): Any person under the age of 14 years.
  • Adolescent (Section 2(8)): Any person aged 14 to below 18 years.

Under Section 34, the Act prohibits the employment of children entirely but allows the employment of adolescents under certain conditions.

2. Prohibition of Child Labor (Section 34)

  • Absolute Ban on Child Employment: Children under 14 years cannot be employed in any establishment.
  • Exception: A child aged 12 or above may be engaged in light work, provided it does not endanger health or interfere with education.

3. Employment of Adolescents (Section 34(2) & (3))

  • Adolescents can be employed in non-hazardous work.
  • An adolescent must obtain a Fitness Certificate from a registered medical practitioner before employment.
  • Employers must maintain a register of adolescent workers with details such as name, age, and work nature.

4. Prohibition of Hazardous Work for Adolescents (Section 39 & Schedule I)

  • Adolescents cannot be engaged in hazardous work, as specified in Schedule I of the Act.
  • Hazardous work includes handling toxic substances, underground mining, and working in explosive factories.
  • The government has the power to update the list of hazardous occupations.

5. Working Hours and Conditions for Adolescents (Section 41 & 42)

  • Adolescents cannot work more than 5 hours a day and 30 hours a week.
  • They are prohibited from working at night (between 7 PM and 7 AM).
  • Adolescents are entitled to weekly holidays and rest breaks like adult workers.

6. Penalties for Violating Child Labor Provisions (Section 284)

  • Employers violating child labor provisions may face fines up to 5,000 Taka.
  • Repeated violations may lead to higher fines and legal actions.

7. Alignment with International Standards

  • The Act aligns with the ILO Conventions:
    • ILO Convention No. 138 (Minimum Age Convention)
    • ILO Convention No. 182 (Worst Forms of Child Labour Convention)
  • It also supports Sustainable Development Goal (SDG) 8.7, which aims to end child labor by 2025.

Critical Analysis and Challenges

Despite legal restrictions, child labor remains widespread in Bangladesh, particularly in informal sectors such as:

  • Domestic work
  • Small factories (e.g., garment and leather industries)
  • Agriculture
  • Brick kilns and construction sites
Loopholes and Weaknesses in the Law

  1. Lack of Enforcement:

    • The fine of 5,000 Taka is minimal and does not effectively deter employers.
    • Labour inspectors are limited and often lack the resources to monitor workplaces.

  2. Loopholes in ‘Light Work’ Exception:

    • The law allows 12-year-olds to work in "light work," but no clear definition of "light work" exists, leading to exploitation.

  3. Exclusion of Informal Sectors:

    • The Act mainly applies to formal employment, whereas most child labor occurs in informal and home-based work, making it difficult to regulate.

  4. Poverty and Socioeconomic Factors:

    • Many families rely on child labor for survival, and banning child employment without providing alternative income sources leads to hidden and more exploitative labor.

Recommendations for Strengthening Child Labor Provisions

  1. Increase Penalties:

    • Heavier fines and criminal liability for repeated offenders.

  2. Expand Coverage to Informal Sectors:

    • Laws should explicitly cover domestic workers, small factories, and agricultural labor.

  3. Clarify ‘Light Work’ Definition:

    • The government should define light work to prevent misuse.

  4. Strengthen Monitoring and Enforcement:

    • More labor inspectors and a strict reporting system for violations.
    • Use of technology (e.g., digital worker registration) to track employment.

  5. Support for Affected Families:

    • Provide conditional cash transfers or educational scholarships for children from poor families to reduce dependence on child labor.

Conclusion

While the Bangladesh Labour Act, 2006 sets strict rules against child labor, enforcement remains weak, and child labor persists in informal sectors. Stronger implementation, higher penalties, and social support programs are needed to achieve a child labor-free Bangladesh.