Date of publication:

09/04/2024

Bangladesh

Do domestic laws and policies prohibit the employment of children under specified ages?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Bangladesh has no specific laws that regulate refugees’ right to work. Nonetheless, any child labor as defined under statutory law is prohibited in Bangladesh. 

What constitutes “child labor” in Bangladesh is subject to the legal definitions of a “child” and “adolescent” under the operation of law. As per the Labour Act of 2006, a person not attaining the age of 14 is a child. Further, a person who has attained the age of 14 but below the age of 18 is an “adolescent" (referred in Sec 2(8)). 

Section 34 (1) of the Act states that no child shall be employed or permitted to work in any occupation or establishment. Adolescents can be employed provided that certain conditions are met (for instance, fitness certified by a medical practitioner). However, the provision is flexible when the employment of any adolescent is in any occupation or establishment either as an apprentice or for the purpose of or receiving vocational training. As per Section 44 of the Labour Act, in certain cases a child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education, provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance.

Domestic legislation prohibits engagement of adolescents in certain work such as to clean, lubricate or adjust any part of machinery while in motion (Section 39), employment of adolescents on dangerous machines (Section 40), employment of adolescents in underground and underwater work (Section 42). Section 44 provides some exceptions with strict conditions. All provisions applicable to an adolescent worker under this chapter shall apply to such child workers too.

Moreover, in the Government of Bangladesh-United Nations Framework on Skills Development for Rohingya Refugees/ Forcibly Displaced Myanmar Nationals and Host Communities (2022), it mentions that “all volunteers will sign a declaration acknowledging their commitments when carrying out their role in line with the Terms of Reference. Engagement of volunteers will be in line with child safeguarding procedure and the Code of Conduct for volunteers.”

    LAW & POLICY

    Related provisions of domestic law or policy

    The Bangladesh Labour Act

    Legal provision

    Definition

    2.63: "Child" means any person who has not completed the age of fourteen years;

    Section 44

    Exception in certain cases of employment of children : (1) Notwithstanding anything contained in this chapter, a child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education; Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with is school attendance. (2) All provisions applicable to an adolescent workers under this chapter shall mutatis-mutandis apply to such child workers.

    Section 34

    Prohibition of employment of children and adolescent : (1) No child shall be employed or permitted to work in any occupation or establishment. (2) No adolescent shall be employed or permitted to work in any occupation or establishment unless- (a) a certificate of fitness in the prescribed form and granted to him by a registered medical practitioner is in the custody of the employer ; and (b) he carries , while at work, a token giving a reference to such certificate. (3) Nothing in this sub-section (2), shall apply to the employment of any adolescent in any occupation or establishment either as (4) The Government may, where it is of opinion that an emergency has arisen and the public interest so requires, by notification in the official Gazette, declare that the provisions of this sub-section (2), shall not be in operation for such period as may be specified in the notification.

    Declaration of list of hazardous work and restrictions on employment of adolescents in certain work

    (1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work. (2) No adolescent shall be employed in any work declared by the Government as hazardous. (3) No adolescent shall be allowed to clean, lubricate, or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.

    Employment of adolescent in the work 2[or hazardous work] of dangerous machines

    (1) No adolescent shall work at any machine, unless (a) he has been fully instructed as to the dangers arising in connection with such machine and the precautions to be observed in this respect; and (b) he has received sufficient training to work at the machine, or is under supervision of a person who has thorough knowledge and experience of the machine. (2) This provision shall apply to such machines as may be notified by the Government to be of such a dangerous character that an adolescent should not work at them unless the requirements of sub-section (1) are complied with.

    Prohibition of employment of adolescent in underground and under water

    No adolescent shall be employed in any work in the underground or underwater.