e_Paper, Wednesday, May 3, 2017

A work in progress
Opinion 13
We seldom talk about the pressing issue of maternity rights for workers
DT
WEDNESDAY, MAY 3, 2017
• Miti Sanjana
Lima, a 25-year-old, works
at a large garment factory
in Dhaka.
She is married to a man
who hails from her locality. Both
of them toil away for long hours
in the same workplace. They are
surviving on what little they make
and gladly accept things the way
they are.
A little while later Lima realises
that an incredible miracle is
taking place inside of her. She
is pregnant. Both husband and
wife are thrilled, even though the
pregnancy is a surprise one and
hasn’t been planned for.
They start spending wisely to
save money for the baby. However,
Lima’s mind is abuzz with other
things: Is she going to be replaced
if the employers come to know she
is pregnant? How will they survive
with only one person winning the
bread and a baby on the way?
Pregnant and unemployed
A few days later she informs her
supervisor about her pregnancy.
To her utter dismay, her supervisor
starts scolding her. He belittles her
working capabilities whenever she
is fatigued. He verbally abuses her
and even threatens to fire her from
her job.
She did not expect this reaction.
It wasn’t so long ago that there
were no adequate laws to protect
the rights of pregnant women in
the workplace. An employer could
There’s a lot of negativity surrounding pregnant workers
BIGSTOCK
May Day is observed globally. With that in mind, we should take this
opportunity to improve, realising that the lines between workers’
rights and human rights tend to get blurry
terminate a pregnant woman if he
didn’t want her at work. There was
no guarantee of a job if a woman
wanted to return to work after
delivering the baby. Working-class
folk such as Lima cannot afford
day-care centres, despite the fact
that our RMG sector has emerged
as the highest export earner of the
country.
Female RMG workers have
contributed significantly to the
rapid growth of this industry, and
we hear so much about how the
industry is contributing to female
empowerment across the entire
country. These women are not
only supporting their families but
also ensuring female participation
in the workforce, reducing gender
inequality and poverty in the
process.
And, yet, cases like Lima’s are
still the norm.
The law of the land
The Bangladesh Labour Act,
2006 (BLA2006) is supposed to
allow working women maternity
benefits. The law even contains
provisions which make way for
rights and benefits to which
a pregnant worker is entitled.
Section-45 of BLA2006 states
that an employer cannot
intentionally employ a woman in
his establishment during the eight
weeks immediately following the
day of her delivery.
Moreover, a woman
worker shall not work in any
establishment during the eight
weeks immediately following the
day of her delivery.
The female workers shall not be
involved in any work of arduous
nature during 10 weeks prior to
and after the delivery provided
that it is brought to the attention
of the employer.
Women workers are entitled
to the payment of maternity
benefit for the period of eight
weeks preceding and immediately
following the day of delivery.
The government has introduced
Bangladesh Labour Rules 2015
through a gazette which made
certain amendments in maternity
law.
Rule 37 states that no one
can make any remark so that a
pregnant woman feels harassed
mentally and physically; she will
not be engaged in any risky work;
she will have the right to use the
lift; and, after delivery, there
should be proper facilities made to
support the baby’s nourishment.
However, rule 38 has narrowed
down some scopes of S.46(2) of
BLA2006.
An obvious issue
Some 85% of Bangladesh’s RMG
workforce are women. In rural
areas, extreme poverty forces
many of them to leave the village
in search of work in the city. Our
economy largely relies on these
female workers who make up the
majority of the workforce.
Unfortunately, the most basic
structure of our social system and
practices are showing very little
signs of development. For these
working women, it is not a viable
option to leave the job.
International Worker’s Day, or
May Day, is observed globally on
May 1.The day is celebrated in our
country almost religiously. With
that in mind, we should take this
opportunity to improve, realising
that, in a country that relies so
heavily on working women, the
lines between workers’ rights and
human rights tend to get blurry. It
is the mother’s womb that protects
every child from day one after all.
The proper implementation
of maternity laws and ethical
practice in every organisation can
ensure a woman’s participation
in the workforce to its utmost,
which would in turn contribute
to our economic growth. It’s such
an obvious problem for us to be
focusing one, yet we seldom do.
Here’s hoping the nation wises
up. •
Miti Sanjana is an Advocate, Supreme
Court of Bangladesh and an activist.