Human rights analysis
RMG worker's rights: Law and reality
Elyus Rahman
It is shocking and sickening that a very gloomy atmosphere is existing in our garment factories which earn the largest share of the country's foreign exchange. The fact that garment workers are the least rewarded section of society has now come to a head. They are sending a message to owners and political leaders that the industry cannot keep on neglecting them.
Labour unrest in the garment sector has been noticed for a number of years but the most recent outburst has been unprecedented.
On May 20, 2006 a small group of workers, who reportedly felt cheated by the management of FS Sweater Factory, started a demonstration. Odhikar's fact finding estimated that more than five thousand workers are employed in the factory. The problem arose with the workers of the knitting section. They told Odhikar that, although the piece rate per sweater was fixed at 50 to 60 taka, the authority gave them 25 to 30 taka without any discussion. As a result they received smaller amounts than they expected.
They received payment on May 10. Some of them showed agitation inside the factory on the following day, May 11, 2006. They also smashed windows and equipment in the factory. As a result, the authority arranged a meeting to discuss the matter. Some workers, including Alam, Amirul and Muijibor, joined the meeting on behalf of the knitting section. At the meeting they submitted their 10-point demands, including that (1) no case would be filed against them and none would be arrested; (2) they would be informed about the piece rate per sweater and salary would be given accordingly; (3) their tiffin bill, which was currently only 8 taka per head, would be increased; (4) they would have a holiday on Friday; and (5) medical facilities would be provided.
The management assured them that their demands would be settled before 20th May. As a result of the meeting, the management also offered the workers of the knitting section 1000 to 2400 taka per head on 18th May 2006. The workers were very happy but on May 20, 2006 Aminul and Mujibor were arrested. The next morning the news spread throughout the factory and all the workers burst into agitation. The water and electricity supply was cut.
However, by that time, the representatives of BGMEA came to the spot and told them that Aminul and Mujibor had in fact been arrested in connection with another case. The demonstrators did not pay heed to their speech and damaged the windows and equipment of the factory. Some of them were moving to Maona Mor in a procession while police indiscriminately baton charged. The workers also pelted brick bats at the police. As the police were few in number, they retreated to the factory gate.
Rickshaw puller, Roman Ali, who witnessed the whole event, told Odhikar that he had seen a garment worker standing in front of a drug centre. Suddenly, the police caught him and started dragging him into the factory and at the same time another policeman shot him from behind. It appeared that he died on the spot. The eyewitness added that at that time the Additional Superintendent of Police was present in the vicinity and that, after the firing had stopped, he said, 'no more firing'.
Odhikar also talked with the Officer in Charge of Sripur Police Station, Mahabubul Alam, who told that they had no alternative but to shoot in self defence as there were thousands of garment workers but relatively few policemen.
Odhikar also visited Sripur Thana Health Complex and Gazipur Sadar Hospital. Mysteriously, Odhikar found no names of wounded garment workers in the registers of these hospitals but did find the names of some police constables.
Odhikar also talked with Mosrefa Mishu, the president of Garment Sromik Oikkya Forum. She informed that they had arranged an assembly for May 19, 2006 and that they also called a strike on May 20, 2006 in the garment factories of Gazipur.
Large number of ready made garment factories and vehicles were damaged on May 23, 2006 during the labour unrest which atarted near the Dhaka Export Processing Zone in Savar and spread to the capital city. This was linked with the Sripur incident. Incidents of violence occurred in and around the city including Uttara, Mirpur, Mohakhali, Tejgaon areas.
The capital city appeared to be in the middle of a siege. Garment workers took to the street at approximately 8.30 am. A total of 300 factories were attacked and scores of them were set on fire along with factory vehicles and private cars. The workers continued to demonstrate until the government and the factory owners agreed to form a minimum wage board.
More than 20 lakh people, the majority of whom are women, are currently directly or indirectly dependent on the garment factories. They work at some 4000 garment factories in Bangladesh.
In the year 1994 the minimum wage for a worker in the garment sector was fixed at 930 taka per month. Later, in 1997, the government refixed the minimum wage at 1550 taka per month. However, the private sector, including garment factory owners, did not recognise this. The garment sector workers demanded that private sector recognise the minimum wage and also demanded establishment of a minimum wage board.
In July 2001, the government declared a minimum wage structure for the private sector workers fixing 1350 taka as the minimum monthly salary but the employers rejected the proposal of the Government. A member of the federation moved to the High Court and the High Court declared the government order illegal on technical grounds.
Now the garment factory workers have been getting a paltry sixty US cents per day, whereas the factory owners are getting richer day by day. They build ultra modern houses in the smarter areas of the city and their children go to Europe and America for higher education. The garment workers have to work 10 to 12 hours a day seven days a week but are paid no overtime. The garment workers demonstrated for an adjustment to the minimum wage, safe working condition, weekly holiday and an end to harassment. Very often, the workers are sacked without reasonable ground. For this very reason the spontaneous, unprecedented protest was observed.
According to the Factories Act 1965, an adult worker will not work in a factory for more than forty-eight hours in a week. When a worker works in a factory more than nine hours, he shall, in respect of overtime work, be entitled to allowance at the rate twice his ordinary wages. Another section states that no adult worker shall be required or allowed to work in a factory on a Sunday or Friday.
In reality, the practice is quite different. The workers have to work more than eighty hours a day and they are rarely paid for the overtime they work. Besides, they are kept in the dark about how much they will be paid. This should be clearly stated in the letter of appointment but these are not often given to workers.
For termination there are some specific rules, like, The Employment of Labour (standing orders) Act 1965, states that:
For terminating the employment of a permanent worker by the employer, otherwise than in the manner provided elsewhere in this act (one hundred and twenty days) notice in the case of monthly rated workers and (sixty days) notice in the case of other workers in writing, shall be given by the employer.
Provided that wages for (one hundred and twenty days) or (sixty days), as the case may be paid in lieu of such notice
The practice is quite different in our garments sector. Ten days or five days notice is enough to retrench a worker and very few of them are duly paid. ( Section 19)
According to a report in an English daily, the Labour Ministry, the Bangladesh Garment Manufacturers and Exporters Association had agreed to form a tripartite commission to review minimum wages for garment workers within a short time. On the other hand a report prepared by BGMEA claimed that 212 factories were attacked and that damage in excess of 300 Taka crore had been caused.
We are sympathetic to the garment factory workers but in reality the real interest of workers will not be protected or promoted by such violence. Violence in the garment factories, for that matter in industrial sector, threatens our economy. Some proposals to buy garments were cancelled as a result of the demonstrations as orders for garments would not be met in due time. Visiting foreign investors also left the country as the environment was not favourable. The actual loss resulting from the demonstrations will be realised in years to come.
RMG factory owners and some other concerned people alleged the attacks on the factories were a conspiracy. This allegation cannot be ignored, regardless of whether the conspiracy was internal or external.
According to the garments owners and BGMEA there is a conspiracy to destroy our garments industry and the economy but at the same time it is also true that our workers are deprived for a long time of their rights and this deprivation creates a violent situation and may be what the owners say 'the conspiracy' took the chance. Whatever the situation may be, the government cannot ignore its responsibility. It must uncover the actual reasons behind this recent chaos.
The author is working with Odhikar.
