Rights of working women

At present times women employees can be seen in almost every establishments. They work in industries, shops, factories, companies alike the men. However, they have not been always treated fairly in their workplaces. There had been instances where women were denied maternity benefits and even fired during times of pregnancy. There had also been cases where women workers had been sexually assaulted and harassed in their workplaces. Cases of unfair payment and dismissals are also commonly heard of.

As per the Labour Act 2006 (amended in 2013), woman employees of any establishment who has worked there for at least six months will be entitled to pregnancy leave along with full pay.

The law clearly states that every woman employed in any establishment shall be entitled to the payment of maternity benefit in respect of the period of eight weeks preceding the possible date of her delivery and eight weeks immediately following the day of her delivery. For these 16 weeks of leave in total, the benefit she will be entitled to consists of a payment depending on her current wages. To be more precise, the payment of maternity benefit will have to be calculated according to average of three months of salary prior to leave or average of daily wages for the period of her actual absence depending on the nature of her job. The payment of maternity benefit shall be made wholly in cash.

In the event that the woman dies on the day of delivery or within eight weeks after that, maternity benefit will have to be paid to the person who takes care of the child. If both the woman and the child die, the benefit is to be paid to the person she nominated. There is however some restrictions on this maternity benefit right. The woman will be entitled to only two pregnancy leave along with full pay. If she already has two or more children alive, at the time of delivery, she will not be allowed maternity benefit for the third child.

Furthermore, employers are prohibited to discharge, dismiss, and terminate any pregnant woman before six months of the date of her delivery and the eight weeks after the date of delivery. If the employer gives notice or order of dismissal, discharge or removal to a woman 'without sufficient cause' within the above mentioned period, she will not be deprived of the maternity benefit to which she may have become entitled according to the law.

In cases of denial of such benefits by any employer, the woman worker can take legal actions against the employer and seek justice in the Labour Court of Bangladesh. In cases of unfair dismissals, she can resort to the Labour Court as well. If the woman worker is a permanent employee of any establishment, the employer has to give at least four months notice before terminating her permanently. Alternatively, if the employer fires her instantly, the employer has to give her four months of salary during such termination. The terminated woman employee is also entitled to other compensation according to her years of service. 

In the case of sexual assault and harassment within the workplace, the woman employee can file a criminal case against the offender. The offender could include other male employees or even the employer. Even if the local police station denies registering any such cases, as is often the case in our country, the woman employee can alternatively file a criminal case at the magistrate court. In that case she has to take the help of a lawyer.

Some factories and television channels in Bangladesh require women worker to work overtime or late hours. This late working hours put the safety of women workers at serious risk. This is because most companies provide no transport for women who finish the night shift at 10 or 11 p.m. and also that public transport is scarce late at night. Labour law clearly illustrates that employers are prohibited to engage woman workers for working at night between 10 p.m. and 6 a.m. in any establishment without her permission.

Most of the average working women can seek resort to Labour Law 2006. However, if the woman is a managing director, chairman, manager, secretary, partner or has management or administrative functions of any company or factory, she would usually be construed as an employer and will not enjoy the protection of the Labour law. These women have the option of resorting to the civil courts of Bangladesh if any terms and conditions of their employment contract are breached.

The writer is Barrister-at-Law.