Child & young worker

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Child & Young Workers, Forced Labour,
Non-Discrimination and Harassment & Abuse
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Child & Young Workers
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15 years, in developing countries may be
14 if agreed by ILO (a member whose
economy and educational facilities are
insufficiently developed);
13 years, can do light work if not harmful
to education or development;
The minimum age for hazardous work is 18
(16 under certain strict conditions);
Note: Bangladesh did not ratify Convention
No. 138.
Child means a person who has not attained
the age of 14 years.
A child will not be allowed to work or to be
employed in any establishment.
As per provision of this chapter no parents or
guardian of any child can give any sort of
permission for the purpose of employment
of the child under his/her custody.
Definition of Child Labour as per ILO
Convention No. 138 (Minimum Age for
Admission to Employment)
Definition of Child Labour
Child Workers
Section 35 of BLA”06
Section 34 (1) of BLA’06
Section 2(63) of BLA’06
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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.
If a school going child is employed in an
establishment, the working hour should be
arranged in a way that does not hamper
his/her school attendance
Exception of Child Labour as per ILO
Convention 138
13 years, can do light work if not harmful to
education or development.
Exception of Child Labour
Child Workers
Section 44 of BLA’06
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Disputes as to age: (1) If any question arises as to
whether any person is a child or an adolescent,
the question shall be resolved based on the Birth
Registration Certificate, School Certificate or a
certificate from a registered physician certifying
the age of the person concerned.”.
Sec 36 of BLA’06 and Sec 17 BL(A)A’13

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Definition of a Young Worker
Young worker means a worker who has completed
14 years but has not completed 18 years of age.
No young worker shall be employed unless:
The employer has a certificate of fitness from a
registered medical practitioner for a young
worker;
The young worker carries a token which gives
reference to such certificate while he/she is at
work.
Though there is no specific ILO Convention
on young worker, the definition of young
worker is embedded in other Conventions
(i.e., Convention No. 6 on Night Work of
young persons employed in industries,
above 16 and below 18).
Young Workers
There is no ILO Convention on Young
Workers
Section 2(8) of BLA’06
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Working Hours
No young worker can work in a
factory:
- for more than 5 hours a day and 30
hours a week
- between 7 p.m. and 7 a.m.
Restrictions
Employment of the young persons are
strictly restricted for:
- Cleaning of machinery while it is in
motion;
- Lubrication or for other adjustment
operation of the machinery while it is in
motion;
- Any work in-between the moving parts of
a machine;
- Any work underground or under water.
Note: Young workers are not allowed to
engage in hazardous, unsafe or unhealthy
works.
Young Workers
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Child & Young Workers
- Recruitment of child labour;
- No remediation policy on child labour;
- Young workers work as an adult;
- No maintenance of records required for
young workers, i.e. no certificate of fitness,
no token, no separate leave or working hours
register etc.
Examples of non-compliance
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Forced Labour
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This fundamental convention
prohibits all forms of forced or
compulsory labour, which is defined
as "all work or service which is
extracted from any person under the
menace of any penalty and for which
the said person has not offered
himself voluntarily or for which such
work or service is demanded as a
means of repayment of debt."
Article 34 of the Constitution
of the People’s Republic of
Bangladesh:
All forms of Forced Labour are
prohibited and any
contravention of this provision
shall be an offence and shall be
punishable in accordance with
the Law.
Definition of Forced Labour as per
ILO Convention 29
Bangladesh Constitution
Forced Labour
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Abolition of Forced Labour as per ILO Convention 105
This fundamental convention prohibits forced or compulsory labour
- as a means of political coercion or education or as punishment for holding
or expressing political views or views ideologically opposed to the
established political, social or economic system; as a method of mobilising
and using labour for purposes of economic development;
- as a means of labour discipline;
- as a punishment for having participated in strikes; and
- as a means of racial, social, national or religious discrimination.
Forced Labour
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Common requirements of buyers regarding forced
labour, as per their Code of Conducts
- Buyers do not want to be associated with any vendor who uses
any form of mental or physical coercion;
- Buyers don’t do business with any vendor who utilizes forced
labour whether in the form of prison labour, indentured labour,
bonded labour or otherwise.
Forced Labour
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Forced Labour
- No policy on forced labour;
- Restrictions on the use of toilets;
- Overtime work not voluntary;
- Delayed wages (salary and overtime);
- Withholding original documents i.e. passport, ID cards, educational
certificates;
- Keep deposit as a condition of employment;
- Freedom to leave the workplace after work;
- The right to resign.
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Non-Discrimination
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Article 27:
All citizens are equal before Law and are
entitled to equal protection of Law
Article 28:
The State shall not discriminate against any
citizen on the grounds of religion, race,
caste, sex or place of birth.
Therefore, discrimination on the grounds of
any of the above issues is prohibited in the
country.
Non-Discrimination as per ILO
Conventions
ILO Convention no. 100 – Equal Remuneration
The states shall promote and ensure the
application to all workers of the principle of
equal remuneration for men and women
workers for work of equal value.
ILO Convention no. 111 – Discrimination
(Employment and Occupation)
The Convention assigns the states the
fundamental aim of promoting equality of
opportunity and treatment in respect of
employment and occupation.
Discrimination is defined as any distinction,
exclusion, or preference based on race, colour,
sex, religion, political opinion, national
extraction or social origin (or any other motive
determined by the State concerned) which has
the effect of nullifying or impairing equality of
opportunity or treatment in employment or
occupation.
Non-Discrimination
Non-Discrimination as in Constitution of
Bangladesh
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Non-Discrimination
Gender discrimination is prohibited in determining wage (in regard
to female, male and physically challenged).
Sec 345 of BLA’06 and Sec 86 of BL(A)A’13
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Common requirements of buyers regarding
discrimination, as per their Code of Conducts
Buyers will not do business with any vendor who
discriminates in employment, including hiring,
salary, benefits, advancement, discipline,
termination or retirement, on the basis of gender,
race, religion, age, physically challenged, sexual
orientation, nationality or social or ethnic origin.
Non-Discrimination
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- No policy on non-discrimination
- Discrimination in respect of religion, sex, race,
caste, physically challenged, political affiliation,
union affiliation etc.
Non-Discrimination
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Harassment & Abuse
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All female workers in an establishment shall be treated respectfully no
matter whatever the position.
Harassment & Abuse
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Harassment & Abuse
Common requirements of buyers regarding harassment & abuse as per their
Code of Conducts
Factory must treat employees with respect and dignity.
No employee shall be subject to any physical, sexual, psychological or verbal
harassment and/or abuse.
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Harassment & Abuse
Definition of Harassment
Harassment is any kind of unexpected behavior, gesture or comment by one or more
persons which is insulting, intimidating, humiliating, painful, vindictive, degrading for
other person or persons and which makes the work environment uneasy and difficult.
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How Harassment Occurs:
 To make any kind of fun, teasing and any embarrassing and unacceptable
comment due to any person’s or persons’ physical characteristics, religion, colour
or national origin etc.
 To hit anyone’s self respect by threatening or disciplinary actions.
 Unexpected physical touching
 Unwanted conduct, comments, gestures or invitations of a sexual nature.
 Any kind of physical or sexual assault.

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Harassment & Abuse
Definition of Abuse: Abuse is a pattern of controlling behavior which is exercised to
gain and/or maintain power and control over another.
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Abuse is done through many ways
Verbal:
Verbal abuse occurs when one is attacked by unexpected words.
Psychological:
Any discourteous behavior which shows other people down and causes mental
sufferings is called psychological abuse.
Intimidation:
If any person’s words, gesture, facial expression etc. create fear in some other
person’s mind, it will be counted as intimidation abuse.
Isolation
If any kind of physical or mental process is used to limit or hinder anyone’s family or
social contacts, it is called as isolation abuse.

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Harassment & Abuse
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Abuse is done through many ways
Irritation:
Making anyone irritated by undesired touching or watching over will be counted as
irritation abuse.
Religious:
Using any type of religion or spiritual belief to control and limit any special class’s
participation in work is considered religious abuse, for example, giving privilege to
male participation in work.
Sexual abuse:
Undesirable sexual activities which is done as a form of control (any kind of forceful
process) or one-sided gratification is called sexual abuse.
Economic:
Economic abuse involves the use of money and resources for the purpose of control.

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- No policy on harassment &
abuse;
- Female workers harassed by
their male co-workers or
superiors;
- Workers are punished corporally
as disciplinary practices.
Harassment & Abuse
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Consequences of child & young labour, forced labour, discrimination,
harassment & abuse
Child & young labour:
• It deprives children of their right to education
• it is an impediment to children‘s and young workers‘ physical and mental growth
• Work with dangerous machinery, the handling of heavy loads, exposure to hazardous substances
and excessive noise, temperature, sound etc. may damage children‘s and young workers‘
health
• High risk of loosing business when child labour is detected
• Damage to a country‘s reputation
Forced labour, discrimination, harassment & abuse:
• Creates an unhealthy working environment
• When workers‘ original documents are retained or their payments withheld, their freedom of
movement is restricted
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Consequences of child & young labour, forced labour,
discrimination, harassment & abuse (cont.)
Forced labour, discrimination, harassment & abuse:
• Silent suffering of those who get discriminated and harassed (especially
female workers) when these practices are tolerated by the management
• Economic disadvantages for those who get less pay for the same work
• Decrease in motivation and productivity
• Decrease in sense of loyalty to the organisation
• Sometimes workers may get vindictive and create unrest
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Thank You

Child & young worker

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