Vulnerable, exploited and abused: Bangladesh domestic helps lack legal protection, workers’ rights

A nine-year-old policy is yet to be implemented while there is no separate law to ensure domestic workers’ rights

The domestic helps of Bangladesh are arguably larger in number than garment factory workers, but they have no legal protection or rights as workers.

The government formulated a policy nine years ago to safeguard their interests but has not delivered on its promises outlined in the policy.

Key provisions on recruitment of domestic workers, their work hours, and holidays remain unimplemented, while initiatives such as the establishment of a government monitoring cell and a helpline have seen no progress.

As a result, a combination of blind spots in legislation, a weak application of existing laws and a culture that undervalues domestic work has left migrant domestic workers vulnerable and at the margins of society. They often face low pay, gruelling hours and exploitative working conditions.

Both domestic workers, who are the intended beneficiaries of this policy, and potential employers lack awareness of their respective rights and responsibilities outlined in the policy.

The 2023 Labour Act was amended. However domestic workers were not included in the law, said Abul Kalam Azad, joint general secretary of Bangladesh Trade Union Centre.

Since they do not have the status of workers, they are not getting any facilities mentioned for workers, he said. “The policy is not an institutional structure. We need a law.”

A considerable segment of the nation's populace remains unrecognised as workers even though they work hard, resulting in insufficient measures to protect their wages and rights, said Yousuf Al-Mamun, deputy director (Information) of the Bangladesh Institute of Labour Studies (BILS).

Md Tarikul Alam, the director general of the Department of Labour, told bdnews24.com that he had assumed the position just a month ago, so he was not familiar with the details of the policy.

Regarding the fate of these workers, he stated, "Given that the policy was formulated in 2015 and the government is actively working on it, it is likely to be incorporated into law soon.

“From what I see, progress in this regard appears promising."

ESTIMATING BANGLADESH'S DOMESTIC WORKFORCE

Due to the lack of a registration system, the exact number of domestic workers in Bangladesh is unclear.

Reports vary, with estimates ranging from 2.5 million to as high as 10.5 million.

Although a registration ordinance has been in place since 1961, its enforcement is inadequate, leading to many workers remaining unregistered.

In 2017, the Bangladesh Bureau of Statistics' labour force survey estimated the country's domestic workforce at around 2.5 million, with 90 percent being female.

In 2021, the non-governmental organisation called BILS analysed the workplace and conditions of domestic workers, estimating the number to be over 2 million.

But a 2022 Oxfam report suggested a staggering figure of 10.5 million domestic workers in Bangladesh, 80 percent of whom were women.

Even if nearly accurate, this would exceed the 4 million-strong workforce in the garment industry.

The Domestic Servants' Registration Ordinance of 1961 mandates the registration of domestic workers' names at the nearest police station, yet this process is not enforced, leaving the exact number unknown.

Mahbubur Rahman, a project manager at Dushtha Shasthya Kendra (DSK), a non-profit organisation dedicated to reducing poverty, stated that although domestic workers' information is occasionally requested in tenant registration forms, there is no enforcement, leading to a nationwide lack of registration.

Rahman oversees a project aimed at improving the living standards of domestic workers and highlights two categories: residential and non-residential.

He noted that nearly 90 percent of domestic workers are children under 18, often hired for meagre wages.

A 2023 BILS study reveals that 84 percent of domestic workers live below the poverty line, earning an average monthly income of Tk 5,311, while household spending exceeds double this amount.

The study also indicates that those working 24-hour shifts endure 10 to 14-hour workdays with no fixed hours, deprived of leave benefits stipulated in policy documents.

Only seven percent receive paid maternity leave, and a mere 13 percent have access to weekends, while sick leave is infrequent.

BANGLADESH DOMESTIC WORKER POLICY

Bangladesh is the first country in South Asia to have a policy addressing domestic workers’ rights.

Among the 16 provisions outlined in this policy, they are entitled to 16 weeks of paid maternity leave, and employers are prohibited from physically or mentally punishing them.

Teenagers aged 14 to 18 can work as domestic workers, while children as young as 12 can engage in light work with parental consent.

While oral agreements are allowed for hiring, the policy emphasises the involvement of a third party in salary negotiations.

Additionally, working hours must be arranged to provide adequate sleep, rest, recreation, and necessary leave, with employers responsible for ensuring a safe and hygienic sleeping and resting environment.

TASKS LEFT UNIMPLEMENTED

According to the policy, a central monitoring cell will be established under the Ministry of Labour and Employment to ensure implementation.

The regional executive officer or chief executive officer of the city corporation and the deputy commissioner and Upazila executive officer or UNO will be the president of all the districts and Upazila respectively except the city corporation area.

This cell will conduct inspections to monitor policy adherence and investigate violations, with the team including local representatives, human rights organisations, and trade union representatives.

Any reports of torture or mistreatment will be forwarded to the monitoring cell or relevant authorities.

Random on-site inspections of domestic workers' conditions will also be conducted, ensuring privacy for employers.

However, BTUC Joint General Secretary Azad expressed concerns over the effectiveness of the central cell, noting the absence of district-level cells.

He informed bdnews24.com that only one cell exists under the labour and employment ministry, but its decisions are not being effectively implemented.

“We have made many proposals in different meetings, but it is not working. And no cell has been formed at the district level."

In the policy, the government will cover legal costs if complaints are made on behalf of domestic workers, and a helpline will be established for their assistance.

Tarek Aziz, the programme coordinator at Oxfam in Bangladesh, highlighted delays in activating the helpline and limited progress in policy implementation.

“Our research shows that only seven meetings have been held till 2022 for policy implementation and monitoring.

Despite Bangladesh's leadership in hosting the 2011 International Labour Organization (ILO) Convention, it has yet to ratify Convention-189, reducing international pressure due to its status as a signatory country, he said.

The Philippines is the only Asian country to ratify and implement it.

Additionally, the government is urged to promote the campaign through print and electronic media, FM radio, mobile messages, postering, leaflets, booklets and holding meetings and seminars, ensuring awareness and advocacy efforts are effectively implemented.

UNREPORTED DOMESTIC WORKER ABUSE

A 2023 BILS study revealed that 67 percent of domestic workers experienced emotional abuse, 61 percent verbal abuse, and 21 percent physical abuse.

Based on media reports, the study found that 38 domestic workers suffered abuse in 2021, resulting in 12 fatalities, with clear signs of homicide in four cases.

Out of 24 injured workers, 15 were physically assaulted, five were stabbed with knives, one was allegedly raped and another was sexually assaulted.

Between 2011 and 2021, 629 domestic workers were reported as victims of torture and death.

However, the study found that 96 percent of domestic workers did not report the abuse, considering it a common occurrence and refraining from legal action.

JUSTICE REMAINS ELUSIVE

Domestic workers and their families typically occupy the lowest financial and social rungs.

Originating from grassroots backgrounds in cities like the capital, their families often lack the means to sustain legal battles following instances of torture or death.

Many cases are resolved with a small monetary settlement, raising questions about the impartiality of investigations.

For instance, on Aug 6, 2023, a 9-year-old child working at the house of Daily Star Executive Editor Syed Ashfaqul Haque was seriously injured allegedly after jumping off his house.

The case was settled last month, with the acquittal of the accused on payment of a Tk 200,000 cheque.

In another case, on Feb 6, a 15-year-old girl named Preeti Urang died after falling from the same house, leading to the arrest of Ashfaqul and his wife Tania Khondoker.

A controversial incident from two decades ago involved Bilkis Begum, the maid of the late Akbar Hossain, a BNP leader and then shipping minister. Bilkis was brutally killed beside the kitchen of the minister’s residence and her butchered body was found on Dec 17, 2004.

The police arrested only the victim's son, who was allegedly subjected to torture in police remand in an attempt to obtain a confession.

However, these efforts yielded no significant progress in the case.

Subsequently, the case was transferred to the Criminal Investigation Department of police, and after nine years, a final report was issued based on the decision of the Ministry of Home Affairs' monitoring cell.

Instances of torture, torture-related deaths, and fatalities from falls in multi-story buildings are frequently reported in the media. While arrests of homeowners garner attention, the outcomes of legal proceedings often remain unreported.

LABOUR LEADERS' EXPERIENCE

Tania Akter, a 35-year-old domestic worker from the Bou Bazar area in Dhaka’s Badda, has been working in different areas of the city for the past decade.

She is actively involved with 'Suniti,' a platform advocating for the protection, rights, and dignity of domestic workers, and possesses a deep understanding of domestic worker protection and welfare policies.

In a conversation with bdnews24.com, Tania expressed her frustration over the lack of recognition for her work despite her years of service.

She recounted how she was denied leave during her son's exams, with her employer insisting that she continue working to manage household chores.

Despite her emotional distress, Tania returned to work, and her son achieved a 'Golden-A Plus' in his exams, while the owner's child did not pass.

Tania expressed dismay over her employers' lack of awareness and compliance with regulations.

Morjina Akhtar, 23, is another domestic worker associated with the Domestic Workers Regional Forum operated by Suniti.

With four years of experience working in the capital, primarily in the Dhanmondi and Mohammadpur areas, Morjina highlighted the widespread disregard for policy regulations among employers.

In her experience, employers often ignore policies regarding sick leave and deduct salaries for taking time off.

She also mentioned instances of physical abuse, such as being slapped for requesting leave, and being expected to perform additional tasks without compensation.

Despite the existence of government policies, Morjina observed that many employers remain unaware or indifferent to their obligations.

A 2021 study conducted by BILS in collaboration with Oxfam Bangladesh revealed that only 14 percent of domestic workers are aware of the government's policy, while a significant portion of employers remains uninformed about it.

The study surveyed 287 domestic workers from Dhaka city.

EMPLOYER KNOWLEDGE OF DOMESTIC WORKER POLICY

Abdul Bashar, residing in the Madhubazar area of western Dhanmondi in Dhaka, employs two household aides for his and his wife's physical illnesses.

While unaware of the policy for domestic worker protection, he ensures proper payment of salaries, bonuses, and holidays.

When asked about staff registration at the police station, he mentioned submitting the required form to Mohammadpur Police Station, although the domestic workers did not provide their information despite being asked.

However, the building manager retains the national identity cards of all workers for identification purposes in case of any incident, said Bashar.

THE NECESSITY OF LAW

Azad from BTUC emphasised that while laws have legal implications and can be enforced against violators, policies are merely guidelines that can be followed at one's discretion without any accountability.

He highlighted the lack of recognition of domestic workers as employees, which prevents them from receiving subsidies and filing cases under relevant labour laws.

They can file cases under the Women and Children Repression Prevention Act if they are tortured or killed, he said.

Keya Khan, the director general of the Directorate of Women Affairs, explained that issues related to the abuse of women and children fall under her ministry's jurisdiction.

However, as the domestic worker protection policy falls under the Ministry of Labour and Employment, she was unable to provide detailed information on the matter.

[Writing in English by Arshi Fatiha Quazi; editing by Osham-ul-Sufian Talukder]