Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Bangladesh (Ratification: 1972)
Protocol of 2014 to the Forced Labour Convention, 1930 - Bangladesh (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. For many years, the Committee has been referring to certain provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, which impose restrictions on termination of employment by any person employed by the central Government and in essential services, punishable with sanctions of imprisonment. The Committee noted the Government’s repeated indication that section 27 of the Labour Act (BLA 42/06) ensures to all workers freedom to terminate their employment with notice and, therefore, the laws of 1952 and 1958 are no longer applied in practice.

The Committee notes the Government’s information in its report that the Essential Services (Maintenance) Act, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, entitle the Government to restrict the sudden termination of an employee only if he/she is engaged in such employment or class of employment which is deemed as essential to the Government, aimed at ensuring the delivery of certain services, which if obstructed would affect the normal life of the people. The Committee observes, however, that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, prohibit the termination of employment by workers in essential services without the previous consent of the employer, even if a notice has been given. Referring to paragraph 290 of its 2012 General Survey on the fundamental Conventions, the Committee points out that, without being limited to cases of emergency within the meaning of Article 2(2)(d) of the Convention, statutory provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention. The Committee trusts that the necessary measures will be taken to repeal the abovementioned provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, so as to bring national legislation into conformity with the Convention and the indicated practice.