Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh

Bangladesh Legal Aid and Services Trust (BLAST)

& Research Initiatives, Bangladesh (RIB)

Community Legal Services Project

Draft Report:

Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh

Md Razu Ahmad Masum

Community Justice Fellow, BLAST

Date: January 19, 2016.

Table of Contents Abbreviations .................................................................................................................................................................................... 2

Introduction ...................................................................................................................................................................................... 3

Conceptualization of Tea Workers and Dalit Identity ....................................................................................................................... 3

Tea Workers ................................................................................................................................................................................. 3

Relation of DALIT peoples in Tea Industry ................................................................................................................................... 4

Study Objectives ............................................................................................................................................................................... 4

Research Area and Target Population .............................................................................................................................................. 5

Research Methodology ..................................................................................................................................................................... 6

National and International Law for Tea Workers Right Protection ................................................................................................... 7

Legal Rights indications for Tea Workers ..................................................................................................................................... 8

Tea Workers Appointment Procedure .................................................................................................................................... 8

Working Hour Guideline for Tea Workers ............................................................................................................................... 8

Wage for Tea Workers ............................................................................................................................................................ 9

Shelter and Rations for Tea Workers .................................................................................................................................... 10

Tea Workers Leave Management & Special Maternity Benefits ........................................................................................... 10

Workers Access to Justice ..................................................................................................................................................... 11

Issue Based Situation Analysis ........................................................................................................................................................ 11

Ignoring Legal Orders in Tea Workers Appointment System (Identity Crisis of Tea Workers) ................................................... 11

Marginalized income group (Wage Discrimination) ................................................................................................................... 13

Working through a long time with a short break in a day .............................................................................................................. 14

Living with sufferings (Shelter & Rations) .................................................................................................................................. 14

Extreme Conditional Leave management & Special Maternity Benefit ..................................................................................... 16

Limited Access to Justice inside the Garden for Tea Workers ................................................................................................... 17

Active Roles and Responsibilities of Duty Bearers and Other Stakeholders for Protecting Workers Right in Research Area .... 17

Gap analysis between tea workers legal right and practice ........................................................................................................... 18

Research Limitations and Further Research Scope ......................................................................................................................... 19

Way forward and future advocacy scope ....................................................................................................................................... 20

Conclusion ...................................................................................................................................................................................... 20

Bibliography .................................................................................................................................................................................... 21

Annexures ....................................................................................................................................................................................... 22

IDI Checklist (Workers) ............................................................................................................................................................... 22

IDI Checklist (Duty bearers)........................................................................................................................................................ 24

FGD Checklist (Workers) ............................................................................................................................................................ 27

Problem Ranking and Institutional Mapping Checklist .............................................................................................................. 29

Page | 2

Abbreviations

AAB ActionAid Bangladesh BDERM Bangladesh Dalit and Excluded Rights Movement BTA Bangladesh Tea Association BTB Bangladesh Tea Board FGD Focus Group Discussion IDI In-depth Interview HHD Household Head KII Key Informant Interview NGO Non-Government Organization NU Nagorik Uddyog RMG Ready Made Garment SHED Society for Environment and Human Development WB World Bank ASK Ain O Shalish Kendro

Page | 3

Introduction

In Bangladesh workers’ right protection is one of the major development agenda for last two decades. Bangladesh is a country where a variety of workers are working. In a study conducted by the World Bank, they mentioned approximately 77,609,688 workers exist in Bangladesh.1 The number of workers indicates half of total population of Bangladesh is directly or indirectly involved in different industrial activity as industrial worker. These huge numbers of workers are working in 42 more different sectors as Ready Made Garment (RMG), Tannery, Tea Estate, Agriculture Sectors and some others. 2 Tea industry is one of the largest industries of Bangladesh where approximately 4, 00,000 peoples (Permanent Workers) are working at more than 172 different tea gardens in the country. But the total number of tea workers is more than this record. According to BTA near about one million people are directly and indirectly depending on Bangladesh’s tea industry. From the workers point of view, the number of non-permanent workers is three to four times the number of permanent workers where a huge number of tea workers family members are also depending on their income. Tea is the second largest export oriented cash crop of Bangladesh and Bangladesh ranks tenth among the ten largest tea-producing and exporting country in the world.3 The unexpected fact is tea workers’ rights are still not ensured in Bangladesh due to proper implementation of industrial law, workers poor knowledge about workers’ right, less opportunity and economic and social marginalization of workers. Tea workers are still deprived of many basic workers’ rights such as right to minimum wage, shelter, leave, education/health, and access to justice and others. Though the country has a strong Labour Law and a specialized ordinance for tea industry, tea workers are still struggling to fulfill their basic needs. The ‘Bangladesh Labour Act 2006,’ is in place to protect the workers’ rights all over the country. Besides, Bangladesh government has also a specific ordinance ‘The Tea Ordinance 1977’ that considers the Tea industry as a specialized industry. In my study, I aim to understand the present worker right status of tea gardens workers with some significant components in a specialized working environment. Another issue is to understand labor rights for a marginalized and particular community people who are discriminated by their religious caste system as well their professional identity.

Conceptualization of Tea Workers and Dalit Identity

Tea Workers

According to Bangladesh Labour Act 2006, “‘Worker’ means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity” [Bangladesh Labour Act 2006, Clause 2(Lxv)]. In tea industry, Tea workers are similar group of people involved in tea plantation, production and tea processing activity.

1 World Bank 2013. Labor force - total in Bangladesh. http://www.tradingeconomics.com/bangladesh/labor-force-total-wb-data.html 2 ActionAid 2013. Living Wage, Page no- 8 3 Wikipedia 2015. Tea Production in Bangladesh. https://en.wikipedia.org/wiki/Tea_production_in_Bangladesh

Page | 4

Based on my field visit of two gardens of Srimongol Upazila of Sylhet district, I found two types of workers in the industrial setup: Permanent and non-permanent workers. On the other hand, I also found three types of tea workers by their nature of working. First, Factory Worker: works inside the factory to process tea. Second, Tila Worker: works in plant maintenance. Third, Leaf Collectors: collects tea leafs from the garden.

Relation of DALIT peoples in Tea Industry

Historically, most of tea workers of Bangladesh come from a minority group known as ‘DALIT’ [2009. SEHD: The Story of Tea Workers]. The history of Bangladesh tea workers and ‘DALIT’ group are interrelated. It started in the 1940s when the British colonial Emperors started to establish Railway in Bangladesh area. They engaged some of minor caste Hindu people to clean Jangles for Railway. Some workers were local and maximum workers were migrated from Northern part of India and were at the bottom of the Hindu caste system. They migrated with a hope of working opportunity, but after the railway project was completed and the British Emperors left Indian subcontinent, they were left jobless once again. As they had a minor caste tag and due to a discrimination history of Hindu caste system, the only types of jobs available to them were negligence work like as cleaning human excreta, Tea Garden workers activity, shoe repairing, cloth cleaning and many others .4 According to Bangladesh Tea Board, the first commercial tea plantation industry was established in Bangladesh in 1857 in Mulnichera in Sylhet. Jobless ‘DALIT’ peoples took the opportunity as a solution to their unemployment. They started their new journey with tea gardening but unfortunately their caste history wasn’t left behind them. They continued to be treated poorly at their new workplace because of their caste history and their backwardness (less education, lower caste, religious minority and minor professional skill and opportunity) introduced them a new dimension of discrimination. Though they are industrial laborers, they have failed to negotiate their rights and opportunities with employers because of their job necessity and they agreed to work under employers’ discriminatory terms of employment. These particular groups of people are still the majority of tea workers.5

Study Objectives

In a broader sense, this study aims to understand aspects of tea workers’ legal rights in comparison with the Bangladesh Labor Act 2006 and The Tea Ordinance 1977. It is also important for the assessment of workplace facilities necessary for tea garden workers as marginalized (Caste based discriminated community) people. The specific objectives are to:

To investigate tea garden workers wage in a legal approach comparing with their daily production

limit of 23 kg.

4 Nagorik Uddyog 2013. Bangladesh Report; Benchmarking the Draft UN Principles and Guidelines on the Elimination of (Caste) Discrimination based on Work and Descent. http://asiadalitrightsforum.org/images/imageevent/311337486bangladesh.pdf 5 Nagorik Uddyog 2013. Bangladesh Report; Benchmarking the Draft UN Principles and Guidelines on the Elimination of (Caste) Discrimination based on Work and Descent. http://asiadalitrightsforum.org/images/imageevent/311337486bangladesh.pdf

Page | 5

To understand Tea Garden workers right to a certain standard of living (shelter and ration) under Bangladeshi labour law.

To understand the difference between laws and actual practice in Tea Garden laborers appointment procedure, work hours & leave management practice.

To identify Tea Garden workers’ access to justice system. To Assess maternity benefit status of Tea Garden female workers. To find a way forward plan to ensuring Tea Garden laborers right status according to ‘Bangladesh

Labor Act 2006’. The above specific objectives were investigated through following components: Component 1: Assessment of Tea Garden Workers reality and their legal rights Under Component 1, there was a critical assessment of Tea Garden workers’ existing working practice, wages and legal rights of target area workers, in comparison with the ‘Bangladesh Labor Act 2006’ & ‘The Tea Ordinance 1977’. Here concentration is on-

Labour law provisions and difference in actual practice in labor appointment, wage calculation,

workers’ working hour maintenance, maternity benefit, food security and shelter of workers.

Component 2: Assessment of workers access to justice system Under Component 2, the study will explore the status of Tea Garden workers’ participation in and point of view about the justice system. It will include–

Workers Access to justice system with worker issues according to ‘Bangladesh Labour Act 2006’ & ‘The Tea Ordinance 1977’.

Workers perceptions about current justice system and their participation.

Component 3: Assessment of DALIT Tea Garden Workers discrimination level in comparison with other

Tea Garden Workers from mainstream community.

Behavior and facility difference between Dalit and Bengali workers in same profession.

Research Area and Target Population

For my study, I have chosen two specific Tea Gardens of Srimongol Upazila of Sylhet district in Bangladesh. The first study site is Alinagor Tea Garden which is at Srimongol Upazila and another one is Vurvuria Tea Garden in the same Upozila, which is quite far from any urban area. The reason for selection of two different (close to, and far from, urban) types of garden is to understand the different level of legal facilities and practice of the same industrial activity. I am selecting these two gardens because I can ensure my access there, as Nagorik Uddyog and SHED Bangladesh agreed to help me access these gardens. Basis on my field observation, VURBURIYA Garden is full with DALIT workers; among 365 permanent workers, only a single Muslim worker is working at this garden and he is the only mainstream worker of that garden. The other garden, ALLYNUGGER gardens most workers are also from DALIT groups but there are a significant number of Muslim workers. Among 2000 more permanent worker Muslim workers number is 60.

Page | 6

Research Area

Area and Respondent Category

Area 1- ALLYNUGGER Garden

Area 2- VURBURIYA

Garden

Nature of the Area Urban Rural

Targ

et

Po

pu

lati

on

Type of Respondents Count Count

DALIT Male Workers 13 12

DALIT Female Workers 11 11

Mainstream Male Workers(Muslim) 08 01

Mainstream Feale Workers(Muslim) 08 00

Respondents in Each Garden 40 24

Total Respondents 64

Table 1: Research Area and Research Participants

Beside this target group of people, I interviewed local and national level workers’ leaders involved in the tea workers’ right movement, Government of Bangladesh officials, NGO and civil society stakeholders, Bangladesh Tea Association & BTB officials, Garden management and Bangladesh Labour Ministry officials to conceptualize responsibilities of duty bearers regarding tea workers right and practice issues in Bangladesh.

Research Methodology

The study followed qualitative research methods which include respondents from both type of DALIT and mainstream (Bengali Muslim and Hindu) tea workers, tea garden management official, Bangladesh Tea Board official and Bangladesh Labour ministry official. Followings are research methods were used in the study - Qualitative Tools: Observation, FGD, KII, IDI, Problem Ranking& Institutional Mapping etc. Literature review: A brief review of available literature (articles, books, research papers and other materials) help has taken to understand the issue and compare that scenario with research findings from primary sources. Legal Review: For understanding tea workers current legal right status existing national labour law ‘Labor Law 2006’ were reviewed and under the ‘Labor Act 2006’ existing ‘The Tea Ordinance 1977’ was also reviewed to know about specific tea sectors workers legal rights around the country. Observation: In this study, general observation helped me to understand appointment letters existence of workers, food & shelter quality and working hours practice in tea gardens. Beside, General observation also helped me to understand and observe tea workers livelihood vulnerability very closely. FGD: For understanding the situation and issues from a group view, a total of 6 (six) FGDs (approximately) were conducted in two gardens (2:3). FGD participants were from Dalit group male female workers and Bengali male female workers. FGD respondents were selected by randomly in both gardens and I select workers who were available to talk during the field research time. IDI/KII: For getting a detailed picture of situation, a total of 20 (twenty) In-Depth Interviews (IDIs) were conducted with Dalit male/female and mainstream male/female workers and 10 (ten) KIIs were conducted with national and local worker leaders, tea worker movement activists, tea garden official, BTA secretary, civil society stakeholders and labour ministry personals. With an intention to understand the reality better, IDIs/KIIS were conducted with Dalit and other workers, Tea Garden management officials;

Page | 7

Tea Board and Labour ministry officials. Respondents were selected in a random selection procedure based on their availability during the research timeline. Problem Ranking & Institutional Mapping: To understand Tea Garden workers’ problems and their management and support availability, I carried out 6(six) Problem Ranking and Institutional Mapping. In each garden 3 (three) sets of Problem Ranking and Institutional Mapping were done to ensure a thorough understanding of the Tea Garden workers’ problems and available institutional support as well the workers’ mobility. Problem Ranking and Institutional Mappings was based on workers’ assessment about their problem and their supportive institutions access and availability. This particular tool also helped me to understand Tea Garden workers mobility length also. The table below explains the methodology followed.

Table 2: Methodology and tools followed

National and International Law for Tea Workers Right Protection

In Bangladesh, workers right is one of the major concerns from the very beginning of Bangladesh liberation. For the citizens’ fundamental human rights and economic freedom, Bangladesh government announced ‘Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens’ in the PREAMBLE of ‘THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH’. In the constitution Bangladesh government take peasants and workers issue as a special concern where constitution said, ‘It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms of exploitation.’ [THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH; Part II, Clause 14] In the constitution, Bangladesh government also declares, ‘Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the

Data Collecting Tools

Method Purpose

Qu

alitative

Tools Count Instrument • Understand legal rights of Tea Workers according to ‘Bangladesh Labour Act 2006’ & ‘Tea Ordinance 1977’.

• To gather information about workers appointment system, wage calculation, shelter & ration Facility, special maternity benefit and access to justice practice.

Focus Group Discussion (FGD) 06 Individual Checklist

In-depth Interview(IDI) 20

Key Informant Interview (KII) 10

Problem Ranking & Institutional Mapping

06

Observation

Secondary data Source Labour Act 2006 & Tea Ordinance 1977

Data Analysing Method

Gap analysis between Legal instructions and Practice.

Page | 8

principle “from each according to his abilities, to each according to his work”.’ [THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH; Part II, Clause 20(1)] Based on the principles of the Constitution, the Bangladesh government has a national law for ensuring

every single workers right of Bangladesh called, ‘Bangladesh Labour Act 2006’; where government

inputted policy for protecting nationwide industrial and nonindustrial workers’ rights and provides a

guideline for industrial activity. Especially for tea industry and workers right, Bangladesh government has

a separate ordinance called, ‘The Tea Ordinance 1977’ under the ‘Bangladesh Labour Act 2006’.

Beside Bangladesh Constitution and national laws, Bangladesh government ratified 35 ILO conventions (out of 37) for ensuring that protections for Bangladesh workers’ rights follow the international standard. It is a remarkable position and workers friendly positive attitude as a nation of Bangladesh committed to ensuring and incorporating all workers’ rights in its national laws. But it is unfortunate for tea workers that still ‘C110 - Plantations Convention, 1958 (No. 110)’ of ILO is not ratified by Bangladesh government, which is one of the strongest guideline and international law for protecting plantation workers’ right.

Legal Rights indications for Tea Workers

In this section, I analyse the scope of protections for tea workers under the ‘Bangladesh Labour Act 2006’ and ‘The Tea Ordinance 1977,’ specifically against indications under Component 1 and 2 of my research objectives. National laws indicate the following:

Tea Workers Appointment Procedure

In a general aspect, workers appointment letter and identity card is the first valid document of a worker’s working identity and it is the same for tea workers also. According to ‘Bangladesh Labour Act 2006’, ‘Workers appointment letter and Identity card is mandatory duty to the employer’ [Bangladesh Labour Act 2006, Clause 1(d)]. It also says, ‘No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with an identity card with photograph.’ [Bangladesh Labour Act 2006, Clause 5]

Working Hour Guideline for Tea Workers

In ‘Bangladesh Labour Act 2006’, there is a clear indication on all industrial workers’ working hour in Bangladesh and this act is following the international working hour standard formulated by ILO. According to ‘Bangladesh Labour Act 2006’- ‘No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day: Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day’ [Bangladesh Labour Act 2006, Clause 100]. In another clause, Bangladesh Labour Act 2006’ says, ‘Any worker in any establishment shall not be liable to work either-

(a) For more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal; (b) For more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal; or (c) For more than eight hours unless he has had an interval under clause (a) or two such intervals under clause (b) during that day for rest or meal.’ [Bangladesh Labour Act 2006, Clause 101].

It is the same in ‘The Tea Plantation Labour Rules 1977.’ It says, ‘A adult tea workers will not be responsible for more than five hours daily work unless he/she allowed to have an interval of at least one hour during that day for rest or meal’(The Tea Plantation Labour Rules 1977, Clause 30).

Page | 9

Wage for Tea Workers

Workers wage is one of the most important issue for ensuring actual workers right. Bangladesh government gives a clear definition of wage in Bangladesh Labour Act 2006 for ensuring nationwide workers proper wage. In the act, wage is defined as-

“all remuneration, expressed in terms of money or capable of being so expressed, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, and includes any other additional remuneration of the nature aforesaid which would be so payable, but does not include-

(a) the value of any house accommodation, supply of light, water medical attendance or other amenity or of any service excluded by general or special order of the government,

(b) any contribution paid by the employer to any pension fund provident fund, (c) any traveling allowance on the value of any traveling concession, any sum paid” [Bangladesh

Labour Act 2006 Clause 2 (xlv)]. This particular law also gives a guideline of workers wage fixing. It says, ‘In making its recommendation the wages board shall take into consideration cost of living, standard of living, cost of production, productivity, price of products, business capability, economic and social conditions of the country and of the locality concerned and other relevant factors’ (Bangladesh Labour Act 2006, Clause 141).

The law has also a particular indication on deducting charges from wage. Where the law declared -

‘(1) No deduction shall be made from the wages of a worker except those authorized by or under this Act. (2) Deductions from the wages of a worker shall be made only in accordance with the provisions

(a) Fines imposed under section 25; (b) Deductions for absence from duty; (c) Deduction for damage to or loss of goods expressly entrusted to the worker for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default; (d) Deductions for house-accommodation supplied by the employer; (e) Deductions for such amenities and services, other than tolls and raw materials required for the purpose of employment, supplied by the employer as the Government may, by general or special order, authorize; (f) Deductions for recovery of advances or loans of whatever nature or adjustment of overpayments of wages; (g) Deductions of income-tax payable by the worker; (h) Deductions required to be made by order of a court or other authority competent to make such order; (i) Deductions for subscriptions to, and for repayment of advances from any provident fund to which the provident Funds Act, 1925 (XIX of 1925), applies or any other recognized provident fund as define in the Income-tax provident fund as define in the Income-tax. Ordinance, 1984 (XXXVI of 1984), or any provident fund approved in this behalf by the Government, during the continuance of such approval; (j) Deductions for payments to any co-operative societies approved by the Government or to a scheme of scheme of insurance maintained by any Government Insurance Company or Bangladesh postal Department; (k) Deductions, made with the written authorization of the workers for the contribution to any fund or scheme constituted or framed by the employer, with the approval of the Government, for the welfare of the workers or the members of their families or both, and

Page | 10

(l) Deduction of subscription for the CBA union through check-off system. of this Act, and may be of the following kinds only, namely-’ (Bangladesh Labour Act 2006, Clause 125)

In addition, the Law says, ‘A deduction under section 125(2)(d) and (e) shall not be made from the wages of a worker unless the house-accommodation, amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as the Government may impose’ (Bangladesh Labour Act 2006, Clause 128). For tea workers overtime services, The Tea Plantation Labour Rules 1977 rules that ‘A worker will get a double rate of working any extra working hour’ (The Tea Plantation Labour Rules 1977, Clause 34).

Shelter and Rations for Tea Workers

As a special consideration for tea workers shelter, ‘Bangladesh Labour Act 2006’ made an order to employers to ensure that all workers and his family residing in the tea plantation are provided housing facilities (Bangladesh Labour Act 2006, Clause 96). It also give an indication on workers others livelihood facilities such as rations and others. It says, ‘Every employer in a tea plantation shall provide facilities within easy reach of the workers for obtaining the daily necessities of life (Bangladesh Labour Act 2006, Clause 97).

Tea Workers Leave Management & Special Maternity Benefits

Following the constitutional commitment and international human right approach Bangladesh government committed to ensure workers leave and female workers maternity benefit through Bangladesh Labour Act 2006. For workers leave management, the law order to employers to ensure workers weekly holidays, sick leaves, annual leaves and festival leaves. It says,

‘An adult worker employed in an establishment- (a) which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holiday and in factory and establishment one day in a week’ (Bangladesh Labour Act 2006, Clause 103).

‘Every worker other than a newspaper worker shall be entitled to sick leave with full

wages for fourteen days in a calendar year’ [Bangladesh Labour Act 2006, Clause 116 (1)].

‘Every adult worker, who has completed one year of continuous service in an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day- (b) in the case of tea plantation, for every twenty two days of work; [Bangladesh Labour Act 2006, Clause 117 (1)].

Every worker shall be allowed in a calendar year eleven days of paid festival holiday [Bangladesh Labour Act 2006, Clause 118 (1)].

For the Calculation of wages and payment during leave or holiday period, the law indicates, ‘For the leave or holidays allowed to a worker under the provisions of this Act, he shall be paid at the rate equal to the daily average of his full time wages including dearness allowances, and ad-hoc or interim pay, if any, for the days on which he worked during the month immediately preceding this leave but excluding any overtime allowance and bonus’(Bangladesh Labour Act 2006, Clause 119). It is the same in The Tea Plantation Labour Rules 1977. In this rule, it says, No employee can engage any worker at Sunday to any duty without announcing a holiday before or after Sunday. If any worker works

Page | 11

any Sunday, he/she will be eligible for a double rate of the regular wage for that specifies Sunday work. [The Tea Plantation Labour Rules 1977, Clause 32 (1), (2)]

For female tea workers maternity benefits, Bangladesh Labour Act 2006 declared-

‘Provided that in case of tea plantation worker, a woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit which she may be entitled to receive under existing this Act’(Bangladesh Labour Act 2006, Clause 45).

It also says, No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled. [Bangladesh Labour Act 2006, Clause 46 (2)]

Workers Access to Justice

For ensuring workers easy access to justice system with any workers issue, ‘Bangladesh Labour Act 2006’ announced, ‘For the purposes of this Act, the Government shall, by notification in the official Gazette, establish as many labour courts as it considers necessary’ (Bangladesh Labour Act 2006, Clause 214).

Issue Based Situation Analysis

Though the country has a strong law (Bangladesh Labour Act 2006) for nationwide workers right protection but the real scenario of workers right is frustrating. It is more frustrating for tea workers where maximum of them are from a marginalized group of a minor community and having a cast based discrimination by their religious identity. I found a huge violation of ‘Bangladesh Labour Act 2006’ in every component of my research in both selected area for my study. In both of my research area, I found similar practices of workers’ rights violation. Maximum respondents of ALLYNUGGER and VURBURIYA gardens do not have any idea of their legal right. Even they do not know that the nation has a law for them to protect their worker right. Many of them think that garden management system is the law for them. According to my research issue, issue based situation analysis are following:

Ignoring Legal Orders in Tea Workers Appointment System (Identity Crisis of Tea Workers)

In Bangladesh, tea workers’ rights violation starts from their appointment procedure. Though The Bangladesh Labour Act 2006 ordered to employers to give an appointment letter to workers but it is completely ignored by employers and tea workers of Bangladesh start their work without any valid document like appointment letter. Also the law indicates to give up a permanent worker status who are working for minimum six month in an industry/estate. During my field research at Srimongol, ALLYNUGGER and VURBURIYA garden, workers introduced me to a different appointment procedure. In both gardens, permanent workers are appointed by enlisting their name into garden management census book. That book keeps permanent workers and their family details for the garden authority. This is the garden appointment process to enlist permanent workers in their record. Non-permanent workers are not enlisted and will not to be enlisted before he/she will be permanent. They work on the basis of temporary assignment by the garden authority.

Though many non-permanent workers have been working at the tea estates for a long time, they need to wait until they fulfill some more conditions of garden authorities. According to the workers in ALLYNUGGER and VURBURIYA gardens, to be a permanent worker, a non-permanent worker needs to be replaced in the position of his/her family member or first blood kin who worked as a permanent worker

Page | 12

of the estate. But before the retirement of any permanent worker, his/her family members will not get any opportunity to be a permanent worker. If any family member of a permanent worker wants to work, they have to work as a non-permanent worker and wait to be permanent till his/her permanent family member workers retirement or death. In both areas, I found many non-permanent workers working for a long time and waiting to replace his/her family member, who is working as a permanent worker, upon his/her retirement. Beside, both ALLYNUGGER and VURBURIYA gardens workers do not have any appointment letter and Identity card. Workers of ALLYNUGGER and VURBURIYA gardens also said, it is the same for all workers of tea estates around the Sylhet division which area is renowned as the maximum tea producing area of the country. Even many of them do not have any idea what appointment letter is. For having no ID card, workers said, ‘our family members who worked before, they did not have any ID card and as the same we do not have any. Our name is enlisted in the garden record book and this is our identity ’. Some workers said, they know about ID card and they tried to ask it to the garden management. But garden management refused them and said, company does not issue any appointment letter to you, we can’t do anything; we are just employee. A Manager of ALLYNUGGER garden agreed with this point and unofficially said, ‘The higher authority of tea state does not have any policy for issuing any appointment letter and ID card to workers. That’s why we can’t give them any of those’. In these regards, permanent workers show their provident fund deposit receipt as their worker identity if they need to prove their identity any case. In this regard, a high official of BTA (tea industry owners association) (BTA) said, ‘In Bangladesh, It is a tough task to provide all facilities to workers in a time. We have many limitations but we are trying to ensure our workers’ rights and working on it. We updated our many policies for ensuring workers’ rights and the process is still ongoing. It is just a matter of time and we need to have some time’.

Picture 1: The one and only evidence of a permanent worker to prove his/her worker identity

Page | 13

On the other hand, BTB Public relation officer said, ‘we are not responsible to ensure workers appointment letter or ID card. It is the responsibility of district labour officers. Even, it is not mandatory to provide an appointment letter to workers for all industrial aspect. It depends to the district labour officer, if he think it is important, then he will make an order to employers, otherwise it is OK with no appointment letter/ID.’

Though workers of ALLYNUGGER and VURBURIYA gardens do not have any appointment letter and ID card, some research participant workers think, appointment letter and ID card is important to them. They think those things would be helpful to them to face any unwanted situation outside the garden where people don’t know him as a worker of a particular garden. In this regards, a worker of VURBURIYA garden said, ‘ID card is necessary. If we are in any trouble outside the garden, we can believe people that we are worker of this garden’.

Marginalized income group (Wage Discrimination)

Tea workers wage is really meagre in comparison to other industrial sectors of Bangladesh. 6 In ALLYNUGGER garden, a factory worker receives 69 BDT as wage in a day against his/her eight hour service. A Tila Worker also receives the same against his/her daily task and a leaf collector receives 69 BDT against 20 kg pruned plants leaf or 16 kg non pruned plants leaf as their daily target. After collecting the daily target, a leaf collector can earn extra 2 BDT for per surplus kilogram if he/she can collect more leafs but if he/she failed to fulfill the daily target, 3.45 BDT (for pruned plants leaf) or 4.31 BDT (for non-pruned plants leaf) would be deducted from his/her daily wage 69 BDT. This is the wage calculation procedure of Permanent and non-permanent workers of this garden. In VURBURIYA garden, Factory and Tila workers are receiving their wage in a similar way to ALLYNUGGER garden. But there is a different practice of leaf collectors wage calculation. In this garden, a Leaf Collector receives 69 BDT against 23 kg pruned or non-pruned plants leaf as their daily target. Beside the daily target, a leaf collector can receive 3 BDT for per surplus kilogram if he/she can collect more than his/her daily target but if he/she failed to fulfil the daily target, 3 BDT would be deducted from his/her daily wage 69 BDT. In both garden workers receive a weekly payment at Sunday. Before handover workers wage, both garden management charges housing service, ration, medical service, festival Subscriptions, provident funds Subscriptions and others from workers weekly wage. Though the procedure shows a worker can receive daily 69 BDT as wage but in reality, it is less than that. After the deduction of all service charges a worker can hardly receive more than 250 BDT against his/her weekly service. A worker of VURBURIYA garden said, ‘it is very regular to us to get less than 200 in a week and I know a worker who received 15 BDT as his weekly wage in the last TALOB (payment)’. Another worker of VURBURIYA garden indicated about wage calculation system for tea workers as a discriminatory system for them. He said, “This is not a fair wage for us. We can’t afford our children’s education with it. We need to buy everything except water. Garden management wanted 30 kg leaf to us against 69 BDT. When we collect leaf we know about its weight but when they examine they say it is less. Usually they take 1-2 kg more leaf from us by the name of weight machine. ” For ALLYNUGGER and VURBURIYA gardens workers context, it is very hard to maintain a family livelihood with 200/250 in a week for a single earning member. Many workers of ALLYNUGGER and VURBURIYA gardens said, their income is insufficient and it is quite impossible to maintain their family livelihood with these limited income. Workers need to earn more but they have limited extra earning opportunity around garden area. Some informants of VURBURIYA garden said, many workers took rickshaw pulling as their

6 ActionAid 2013; Living Wage, Page no- 8

Page | 14

side profession after the service time of garden. For earning extra money, they need to work at night. Beside in ALLYNUGGER garden context, they have no working opportunity around the garden territory because of its distance from the city area. Workers of that garden are only depending on their wage and when they can’t afford to maintain their livelihood, they have an option to get micro credit as an emergency solution. A worker said, ‘most of workers of ALLYNUGGER garden are getting loan and very few worker can make the repayment within a short time. In my experience, I have seen many workers to make repayment with half of his/her pension money after his/her retirement’. About wage of tea workers, a garden manager unofficially explained the system of tea workers wage calculation. He said, ‘National law is not appropriate in garden management. Workers’ wage and facilities comes from an agreement between BTA (Bangladesh Tea Association) and Bangladesh Cha Sromil Union. From the owner’s side BTA negotiate with Bangladesh Cha Sromik Union to fix workers wage and other welfare issues. In the agreement of BTA and Bangladesh Cha Sromik Union workers’ wage, ration, shelters and others benefits going to be fixed for next two years. This industry is operating in this way’. He also said, ‘Last week Bangladesh Tea Association and Bangladesh Cha Sromik Union drafted an agreement about workers wage fixing from 69 BDT to 85 BDT from next year’. But workers ALLYNUGGER garden said, ’we are also listing about the meeting and wage rate but we will believe when we will receive the extended wage’. Though BTB is the higher authority of tea estate management and tea workers welfare ensuring duty bearer of governmental side, BTB has no involvement in workers wage fixing. Even BTB do not interfere in the agreement meetings of BTA and Bangladesh Cha Sromik Union. BTB public relation officer says, ‘There is no role of BTB in workers wage fixing agreement meeting, even we don’t go there. It is an agreement between owners and workers union. If they fail to negotiate any peaceful way and anybody make any complain to us, then we solve the problem, otherwise it is the part of owners and workers union to organize meetings after every two year and fix a logical wage for tea workers’. About the agreement, a Cha Sromik Union leader Rajendra Prasad Bunargy said, ‘according to the law, we as CBA sign an agreement every two years. The main agenda of this agreement is to incise wages, allowances etc. Various other benefits are outlined in it.’

Working through a long time with a short break in a day

In both garden, workers are working with a twenty minutes lunch break in a day. Workers locally call it CHATNI (Snacks) break. For Factory worker, working hour is 8 hours. Tila workers and leaf collectors are working based on daily task. Though there is a formal working hour indication but this is not that much important to them because Tila workers and Leaf Collectors are not following working hour they are following their daily task given by the management. They start working from 9.30AM and take a break from 1.00PM to 1.20PM for their lunch. Though Tila workers and leaf collectors have a chance to work less time in a day, but they intentionally try to work more time for raising their daily income. A worker of VURBURIYA garden explained about workers intention for working more time in a day. According to him: “If anyone can collect two kg more in a day, then he/she will earn extra 6 BDT in a day. Everyone wants to work more for earning more. I also try to do this; willingly.”

Living with sufferings (Shelter & Rations)

Shelter In ALLYNUGGER and VURBURIYA gardens, workers (permanent) have a residential facility inside garden territory. Workers of both garden says, though they are supposed to get a complete residential facility (by the agreement of BTA and Bangladesh Cha Sromik Union) for their job but only a few lucky permanent

Page | 15

workers are under complete residential facility. Workers also said, many permanent workers of ALLYNUGGER and VURBURIYA gardens only receive limited logs and tins for building their house and they need to build their house themselves. In ALLYNUGGER garden workers get their daily wage 69 BDT during the time of their house construction but BURBURIYA gardens workers do not have that support, they don’t have any daily payment for the time of their house construction. Few houses constructed by garden management in both area are built by tin and bricks but maximum houses constructed by workers and they built those houses with tin, log and mud.

Picture 2: A tea workers mud house

Permanent workers of ALLYNUGGER and VURBURIYA gardens also claimed that, they are supposed to get a complete house but actually most of them need to build it by themselves. Though they are building their houses but they don’t have the ownership of those houses because the house is in the garden territory and the land is not under workers ownership. Also, workers house repairing facilities are poor and garden managements are not well concern about the services. In this regards, a worker of ALLYNUGGER garden said, “I made many complain about my house shed. It is made by tin and they are licked. Rain water washed my bed many times but still I didn’t have a response from the management”. This is not just a single workers clam, this is a common clam of both ALLYNUGGER and VURBURIYA gardens permanent workers. Fortunately permanent workers of ALLYNUGGER and VURBURIYA gardens have a housing facility with many complains but non-permanent workers do not have any housing facility. Though many of them are working for a long time in ALLYNUGGER and VURBURIYA gardens. Beside, many non-permanent workers of ALLYNUGGER and VURBURIYA gardens are waiting for their job to gain a permanent status after the retirement of family members and first blood keens retirement who are working as permanent workers, but these non-permanent workers have their own family and still they need to accommodate with their greater family house (a family members house who work as a permanent worker in the garden) which has a limited capacity but they don’t have any choice and living with a suffering. Workers Ration

Page | 16

In ALLYNUGGER and VURBURIYA gardens, permanent workers are under garden ration facilities. In both garden, a permanent worker is eligible to receive 3 kg rice/flour in a week and two dependent rations maximum 2 kg for each in a week. Worker’s children will be counted as his/her dependent till 12 years and their ration will be provided for 12 years maximum. A worker child will receive 400 gram ration per week as his/her depend before the child is one. After one, the worker will receive maximum 2 kg ration for his/her dependent child. Beside, workers parents would be counted as his/her dependent but the limit of dependent is maximum two for each worker. A male workers wife would be his dependent but a female workers husband can’t be her dependent. In ration calculation, workers ration is calculating half kilogram in a day for six days in a week. For holidays, there are no ration facilities for workers of this gardens. Workers of ALLYNUGGER and VURBURIYA gardens, garden manager of ALLYNUGGER garden and BTA secretary says, workers ration calculation is the same in every tea estate of Bangladesh. For each kilogram of ration, workers charged three BDT from their weekly wage. Though there is a cheap rate ration facility available for permanent workers of tea estate but there is no such opportunity for non-permanent workers. Also, a workers charge one kilogram ration as a penalty for making any absent where he/she eligible to get maximum half kilogram ration in a day. Beside, workers of ALLYNUGGER and VURBURIYA gardens claimed about poor quality of rations in group discussion and individual interviews. To give me an example of their rations quality a worker of ALLYNUGGER garden says, “I am sure; you people give better quality rice to beggars than our ration rice. It is worse in quality and sometimes it is tough to eat”. Workers also claimed the selection of ration goods (Rice/flour) is completely depending on gardens management decision. Garden management provide ration goods by their choice.

Extreme Conditional Leave management & Special Maternity Benefit

Leave Management Practice According to tea workers of ALLYNUGGER and VURBURIYA gardens, they have a without wage weekend at Sunday. Also permanent workers have an opportunity to get 24 days without wage leave in a calendar year but it should be with permission of garden authority. Workers says, though they have a leave facility of 24 days in a year but garden management hardly flow the rule properly. They allow workers leave by their choice. Most of the times garden management don’t allow them to take any leave and if any worker make any absent, his/her ration and other services will be deducted and the deduction rate will be two times than their daily rate. Beside weekend and yearly leave, a permanent tea workers have yearly ten days without wage festival leave for celebrating their religious festivals. In this regards, garden management gives some donations to workers to celebrate their religious festivals. Though, there is a formal leave management system for permanent tea workers but in a critical lance, they are basically working as a day labour because they are not eligible for their holidays and leave time wages, rations and other facilities. Also garden management sometimes do not allows them to have a leave if they needed. Besides, there is no leave system for non-permanent workers in ALLYNUGGER and VURBURIYA garden, they are working as a straight day labour.

Special Maternity Benefit In ALLYNUGGER and VURBURIYA gardens, there are 4 months maternity leave for women workers with daily wage for maximum two children. Workers call it ‘Pet Suti’. The leave condition is 8 weeks before the delivery and 8 weeks after the delivery. Beside they have some limited medical counseling facility from garden medical center. But this facility is limited for maximum two children of permanent female workers

Page | 17

of those gardens. Non-permanent female workers are totally deprived to have any maternity benefit from their owners.

Limited Access to Justice inside the Garden for Tea Workers

The opportunity of access to justice is very limited for ALLYNUGGER and VURBURIYA gardens workers. Most workers do not have any idea about worker rights. Most of the respondents of my research said, they have no idea of national law including Bangladesh Labour Act 2006. Garden system is recognized as a law for them. Some respondents said, they know there is a law but they don’t know what is in it. Workers can complain to their Sharders (working group leaders) with regards to their working issues. Sometimes they made a complaint to their assistant manager and hardly ever to the garden manager. This is their limitation to make any complaint about any worker issue. But according to the workers, they usually do not want to make any complaint because their daily assignment depends on management choice and they have a fear to get a penalty task for complaining to the authority. Also workers of both gardens have no idea about worker right as well labour court. In workers point of view, there is no one to listen their problems and they must follow the garden system to maintain their job. Workers said, ‘We know there is a law but we don’t know where it is; may be it is at Dhaka. Garden law (system) is the law for us’. Workers also said, ‘there is a national tea workers association and they negotiate our rights to owners from our side but we don’t know what and how they are negotiating. Maybe they know where is our right but they didn’t share anything to us’. Some workers also think that the workers association is not doing the right thing for tea workers sake because of the communication gap and lack of information sharing between them and the association people. In both areas there is a community level Panchayet (traditional community justice panel) to judge and solve community level problems like quarrels, fighting and other issues. The Panchayet is a well-established traditional judiciary system of tea workers coming from Dalit group and it is recognised as the most powerful community level judiciary system for tea workers. Even the Panchayet has a strong control over non Dalit tea workers of both area because the majority of tea workers of both garden are coming from Dalit community and the Panchayet is their traditional judiciary system. But there is a limitation to the types of cases that the Panchayet can handle (community quarrels, family issues, marriage, separation etc.). In case of major crimes like murder or rape, the local police takes control of the situation. Otherwise Panchayet is the only institute of their community level judiciary decision making and every one of them are bound to obey the Panchayet decision.

Active Roles and Responsibilities of Duty Bearers and Other Stakeholders for Protecting Workers Right

in Research Area

For protecting the rights of workers in Srimongol, a labour court is active in Sylhet district but it is quite far from my research area and workers of ALLYNUGGER and VURBURIYA gardens said they have no idea about labour court and none of them made any complain there. Beside, BTB is the governmental institute which is responsible for ensuring tea workers welfare issues from GoB side. According to THE TEA ORDINANCE 1977, ‘to undertake welfare measures for tea garden labourers and employees [Clause 7(m)]’. Though it is a direct responsibility of BTB to ensure workers’ rights and welfare, unfortunately BTB has no regular activity and monitoring in its territory on workers welfare issue. BTB public relation officer said, ‘we do not have any regular monitoring but if we receive any complain or any news from media about right violation of tea workers, we take our necessary actions according to the law. If we don’t receive any complain, we count it OK and workers right is ensured’. BTB public relation officer also said, ‘There is a system of a negotiation meeting between workers association and BTA after every two years where they fix workers wage and others services for next two years. BTB doesn’t interfere those meetings

Page | 18

if they don’t fail to make an agreement by themselves. Even Minimum Wage Board do not mediate at the time of fixing workers wages’. Also in ALLYNUGGER and VURBURIYA gardens area human right NGOs, NU and a Dalit movement network BDERM, are actively working to ensure Dalit tea workers’ right. Though these organizations are actively working there, these organizations capacity and coverage is quite minimum in comparison with number of workers and challenging circumstances.

Gap analysis between tea workers legal right and practice

In every aspect I have seen a huge worker right violation in both areas and I believe it is not limited to the reality of two gardens. Such violations exist in almost all tea estates and tea workers also indicate the same. Also, the two gardens studied are owned by two large tea estate companies named Duncan Brothers and Jams Finley Ltd and both companies have many other tea gardens ownership around Sylhet division and they have a same management policy. Also tea workers’ wages and others welfare issues have been fixed by a national coordination meeting between workers association and BTB. BTB, BTA and workers’ union leaders are also indicates a similar practices in tea estates around the country. According to my research findings now I am presenting basic gaps between workers legal rights and existing practice of my study areas. Gap analysis is following: In Workers Appointing Process: Though there is a specific order to provide an appointment letter before appointing a worker (permanent and non-permanent) and provide a valid ID card(with photograph) in Bangladesh Labour Act 2006, Tea companies are completely ignoring the order of law and they do not provide any appointment letter and ID card to tea workers. It creates tea workers identity crisis which creates differentiate challenges for them. Also I didn’t found any initiatives against the law violation from GoB stakeholders and other duty bearers. In Working Hour Management: In tea industry only Factory workers are following daily eight hour working manual. Other Tila workers and Leave collectors are following a daily task from the management. Though Bangladesh Labour Act 2006 does not permit any workers to work more than eight hours in a day and order to pay a double rate for working overtime to workers but unfortunately, many tea workers who are following a daily target task can’t get any benefit from this legal approach. Also garden management have some indirect influences to work more in a day with providing a chance to earn more money by collecting more leaf in a day without any overtime facility. Beside workers are getting a twenty minutes lunch break in a day where they are working more than five hours is a complete violation of Bangladesh Labour Act 2006 and I didn’t found any initiatives during my field visiting time from GoB stakeholders and others to protect the law violation. In Wage Calculation: Daily 69 BDT wage is completely discriminatory from the present context; even it is less than 69 BDT in reality because of services charges. Though the minimum wage board is responsible for ensuring a standard before fixing a wage in an agreement with owner’s representatives and workers associations, the minimum wage board completely failed to assess cost of living, standard of living, cost of production, productivity, price of products, business capability, etc., at the time of fixing a minimum wage for tea workers. Also, accordingly to legal indication, there is no practice of overtime wage calculation in tea industry and workers are completely deprived from their extra hour working wage benefits.

Page | 19

Beside, tea workers are still deprived from their holiday wages though they have a legal right to have their holiday wage. In Leave Management and Special Maternity Benefits: In tea estate, tea workers officially have a 24 days yearly leave but in reality, the workers’ right to take leave is completely dependent on management choice because they are working like a day labour. Also, leave permission is interrelated with their other services facilities (Ration, Medical, Provident Fund etc.). Permanent female tea workers are getting eight weeks maternity leave (with wages), primary medical services and provident fund for leave period as special maternity benefit. However, unfortunately a large number of non-permanent female tea workers are completely deprived from this special maternity benefits. In Shelter Services: There is a huge gap between law and practice in tea workers shelter support from owner’s side. Following the order of Bangladesh labour Act 2006 BTA and Bangladesh Cha Sromik Union fix a complete housing facility for every permanent workers of the estate in their agreement. But still, many permanent workers need to build their own house but garden authority committed to providing them a complete shelter facility. Also maintenance services of workers shelter are very poor and I didn’t find any initiatives from GoB and other duty bearers regarding this issue. Beside, a large number of non-permanent workers are not under tea estates shelter facility though many of them are giving their service for a long like a permanent worker. In Ration Facility: Only permanent tea workers receive rations but they can receive only twenty eight kilogram rice/flower in a month for his/her family livelihood against 96 BDT which is not sufficient for a family food security. Also the quality of ration is poor and there is no specific legal indication for ration facility of tea workers. BTA and Bangladesh Cha Sromik Union agreement decided about the service but it seems insufficient to ensure workers and their family food security. Besides, there is no ration for non-permanent workers though they are giving similar services (work tasks) as permanent workers. Another gender based discrimination also existing in ration calculation where a permanent male workers wife would be counted as his dependent but a permanent female workers husband won’t be counted as her dependent and not eligible to get a weekly two kilogram dependent ration. In Access to Justice: In research area, workers do not have any proper awareness about their right to access to justice. Though a divisional labour court is working at Sylhet but maximum respondents of my research do not have any idea about it. Also tea workers are economically vulnerable and they don’t want to deal with any legal institution because of their perception about legal institutions cost management. Workers are following garden management orders and having a fear to complain for any worker issue because of getting penalty task. Garden rules is their boundary whatever it is fair or unfair. Also I didn’t find any supportive legal aid around the garden territory of my research areas.

Research Limitations and Further Research Scope

This is a small scale study conducted within a short time and limited right issues (appointment and ID card, wage and working hours, shelter and ration, leave management and special maternity benefits and access to justice) of tea workers. There are a many issues I left because of my limited timeline and resources. Also, this study presents only two tea gardens perspectives where more 164 garden are existing.

Page | 20

To have a nationwide tea workers right protection policy a nationwide need assessment is important to get detail and specific right status of tea workers around the country. The overall need assessment will help us to find a future guideline to work for a permanent solution of tea workers right protection in Bangladesh.

Way forward and future advocacy scope

Considering my research findings of workers right violation, I recommend the following- Initially operate a quick survey to confirm that there is no appointment letter and ID for workers

in everywhere Bangladesh and no wage for weekly holiday. Based on the investigation, should

take necessary legal actions against the estate owners for violating workers right as well national

law.

Need to provide a permanent worker status to non-permanent workers who have been working

for a more than six months in a specific garden to protecting their livelihood as well providing

other benefits as a particular industrial worker.

Need to increase workers awareness about their right to access to justice in garden level to

protect any workers right violation from the ground level. Where GoB and other development

partners of it like BLAST, ASK, NU, SHED and others can play an active role with their awareness

camping.

Though BTB has no active monitoring activity and active monitoring officials for monitoring tea

workers welfare issues. It is important to start a proper monitoring activity from BTB and other

duty bearers for protecting workers right violation around the tea industry in Bangladesh where

BTB has still no schedule monitoring activity on ensuring workers right.

BTB is key governmental stakeholder and it is responsible for tea workers welfare issues. Though

this organization is responsible for tea workers welfare but it is not under the labour ministry, it

is working under the ministry of commerce. In this case an inter-ministerial coordination is highly

needed to give priority in workers right and welfare issues in BTB policy.

GoB and other duty bearers should provide necessary legal aid supports for protecting any further

violation of tea workers right through strengthening free legal aid services around the tea industry

and regular monitoring of services in coordination with NRHC/ Tea Board/ Labour Ministry and

other stakeholders.

There are many issues are still unsolved in The Tea Plantation Rules 1977 like workers appointing

procedure, wage calculation process, leave management and special maternity benefits, ration

management and many others. Though the law is quite backdated and now Bangladesh Labour

Act 2006 has a clear indication on worker right issues. It is now highly important to revise Tea

Plantation Labour Rules 1977 according to Bangladesh Labour Act 2006 including indications of

every single worker issues of tea workers right and welfare.

Conclusion

In Bangladesh DALIT movements are much known to us due to DALIT peoples cast based discrimination practice around the country and already many nationwide initiatives has taken to protect DALIT peoples

Page | 21

cast based discrimination through our constitution and national laws. Though majority of tea workers are coming from DALIT groups they are also under the national caste based discrimination protection scheme. But it is very significant that tea workers are a specialized industrial workers group who are living inside the industrial territory. In my understanding, it is necessary to protect any rights of a group of people who are living in an industrial territory we must ensure their rights in the industrial set up. In Bangladesh, we all know that The Bangladesh Labour Act 2006 is the way to protect any worker group’s rights who are involved in industrial production and non-production activity. With my understanding, I believe that if we want to ensure rights of DALIT tea workers and protect their caste discrimination we must forward with The Bangladesh Labour Act 2006 because of their involvement with the tea industry. In my research, I have found a strong structure of right protection in national legal set up but it is frustrating in practice level. Tea workers are still deprived from their basic human needs and worker rights. Even maximum workers has no idea about worker rights due to their educational backwardness. Also the majority of tea workers are coming from a marginalized DALIT group. Their migration and caste discrimination history also played an important role for the establishment of discriminatory wage and facilities in the previous period and many of those are still existing in the practical aspect. Also this social excluded group identity played a negative role for them to raise their voice in local aspect. Their poor awareness and marginalization lead them to follow a discriminatory process which has no match of law. A large number of industrial workers turns into a day labour right now and deprived from their professional facilities from day after day. I think, this discrimination should be stop right now. I will be great full, if my research can contribute to any positive change for ensuring tea workers right in Bangladesh.

Bibliography

1. World Bank 2013. Labor force - total in Bangladesh.

http://www.tradingeconomics.com/bangladesh/labor-force-total-wb-data.html 2. Wikipedia 2015. Tea Production in Bangladesh.

https://en.wikipedia.org/wiki/Tea_production_in_Bangladesh 3. Nagorik Uddyog 2013. Bangladesh Report; Benchmarking the Draft UN Principles and Guidelines

on the Elimination of (Caste) Discrimination based on Work and Descent. http://asiadalitrightsforum.org/images/imageevent/311337486bangladesh.pdf

4. SHEED 2009, The Story of Tea Workers in Bangladesh. http://www.sehd.org/publications/tea-workers/44-story-of-tea-workers-banglade4sh

5. Bangladesh Labor Law 2006, Ministry of Labour & Employment, Ministry of Law and Parliamentary Affairs. http://www.mole.gov.bd/site/view/legislative_information/%E0%A6%86%E0%A6%87%E0%A6%A8-%E0%A6%93-%E0%A6%AC%E0%A6%BF%E0%A6%A7%E0%A6%BF%E0%A6%AE%E0%A6%BE%E0%A6%B2%E0%A6%BE

6. ActionAid 2013. Living Wage, Page no- 8. 7. The Tea Ordinance 1977. Ministry of Law and Parliamentary Affairs, Ministry of Law and

Parliamentary Affairs. https://drive.google.com/file/d/0B4Fva-4hnhk3OE14Y0JEZU5Ncm8/view

http://asiadalitrightsforum.org/images/imageevent/311337486bangladesh.pdf

http://www.sehd.org/publications/tea-workers/44-story-of-tea-workers-banglade4sh

http://www.sehd.org/publications/tea-workers/44-story-of-tea-workers-banglade4sh

http://www.mole.gov.bd/site/view/legislative_information/%E0%A6%86%E0%A6%87%E0%A6%A8-%E0%A6%93-%E0%A6%AC%E0%A6%BF%E0%A6%A7%E0%A6%BF%E0%A6%AE%E0%A6%BE%E0%A6%B2%E0%A6%BE




Page | 22

Annexures

IDI Checklist (Workers)

IDI Checklist for workers’ on Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh

Metadata

Data item

Settlement code

Location

Date

Time

Facilitator

Note taker

Transcribed by

Transcript checked by/date

Participant demographic profile:

Name Number of Family Member

Age Sex Education How long the respondents have been working as a

Tea Estate Workers?

Mobile number

Why I have selected this Person: [1] [2]

Hello, this is-----------------. I am a researcher. I am coming from BLAST for a research purpose. You will be glad to know that, I am now conducting a research for Tea Garden workers rights. I am here to have an interview with you. I will discuss with you and write down our discussion as a note. The objective of our discussion is to understand the tea workers right status and the role of governmental, Industrial owners and nongovernmental organizations who are working for protecting labor rights with National Labor Law and International conventions. As a part of my research, I want to know yours perception about workers’ rights status in your area. In my research, yours opinion is highly important ant it is the top reason of this arrangement. In this discussion, yours participation is completely depends on your choice. If you feel embracing, you can deny any of my questions. I hope, you will help my research with your knowledge and participation. It will take 40-50 minutes at best. The discussion is highly confidential and information of this discussion will be considered only for this particular study purpose and never mention your identity except you want. Do you have any question to me? Are you agreeing to discuss? Can I start?

Page | 23

Service Related Rights of Tea Workers’:

1. Workers Appointment System:

What is the workers appointment procedure in this garden? Do you have any appointment letter? If yes, what is it? If No, how did you people were appointed (include case or story from them)?

It there any importance of appointment letter to you? If yes, what? If no, why not? [Note down his/her explanation]

Do you know anything about procedure of workers appointment according to Labor Law/Tea Ordinance? If yes, what? Is there any difference between legal instruction and workers appointment practice in your garden? What differences? Why?

2. Working Hour

How many hour generally you are working?

Do you know the Labor Law instruction about workers working hour? If yes, what is labor law instruction?

Do you think you are working more in a day according to labor law? Why?

What is the wage calculation process for extra working hours? 3. Wage Calculation

What is the wage calculation system for you people?

Do you know about Labor Law/Tea Ordinance instruction about wage calculation for

laborers or specific tea workers’? If yes, what is it?

Is there any difference between Labor Law/Tea Ordinance instruction and practice? What differences? Why? How? [Note down their explanation]

4. Leave Management

What is the leave management system for you? [Note every single leave management

process]

Is it following every time from the employer’s side? If no, why? [include case or story

from respondents]

Do you know about Labor Law/Tea Ordinance instruction about leave management for

laborers or specific tea workers’? If yes, what is it?

Is there any difference between Labor Law/Tea Ordinance instruction and practice?

What differences? Why? How? [Note down their explanation]

5. Shelter and Ration

What about the shelter and ration management procedure for you people (per head

ration calculation, shelter distribution procedure and its quality)? What about you?

Is it following properly? If No, why not? How? [Note down their explanation]

Do you know any instruction from Labor Law or Tea Ordinance about workers shelter and

ration calculation and its quality? If yes, what is it?

Is there any difference between Labor Law or Tea Ordinance instruction and practice?


Special Maternity Benefit

Is there any system for maternity leave? What is the system? What is the system of wage

calculation process when a woman is on her maternity leave?

Page | 24

Do you know any more maternity benefit without leave available in your garden? If yes, what

benefits?

Do you know any instruction from Labor Law or Tea Ordinance about maternity leave and

benefits? If yes, what is it?

Is there any difference between Labor Law or Tea Ordinance instruction and practice? What

differences? Why? How? [Note down their explanation]

[If respondent is a women and a mother, ask her experience]

Do you know about paternity leave? If yes, what it is? Where form you learn? What is the

benefit? Do you have any paternity leave? If yes, how long? What is the wage calculation when

you are in a paternity leave?

Workers’ Access to Justice

What types of justice systems are present in your garden? (Enlist every single justice system as

respondents saying)

What is the role of you people as a worker in it?

Is it proper justice for you? What is your perception? Why? Please Explain.

Do you have any experience? If yes, please tell me your case.

Do you know any instruction from Labor Law or Tea Ordinance about justice facilities for workers?

If yes, what is it?



IDI Checklist (Duty bearers)

IDI Checklist for Duty Bearers on Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh

Metadata

Data item

Settlement code

Location

Date

Time

Facilitator

Note taker

Transcribed by



Name Number of Family

Member

Age Sex Education How long the respondents have been working as a Ministry Personal?

Mobile number

Why I have selected this Person: [1] [2]

Page | 25

Hello, this is-----------------. I am a researcher. I am coming from BLAST for a research purpose. You will be glad to know that, I am now conducting a research for Tea Garden workers’ rights. I am here to have an interview with you. I will discuss with you and write down our discussion as a note. The objective of our discussion is to understand the Tea Garden workers right status and the role of governmental, Industrial owners and nongovernmental organizations who are working for protecting labor rights with National Labor Law and International conventions. As a part of my research I want to know yours perception about Labor rights status in your area. In my research, yours opinion is highly important ant it is the top reason of this arrangement. In this discussion, yours participation is completely depends on your choice. If you feel embracing, you can deny any of my questions. I hope, you will help my research with your knowledge and participation. It will take 40-50 minutes at best. The discussion is highly confidential and information of this discussion will be considered only for this particular study purpose and never mention your identity except you want. Do you have any question to me? Are you agreeing to discuss? Can I start? Service Related Rights of Tea Garden Workers:


What is the workers’ appointment procedure in tea estate? Is there any appointment letter for workers? If yes, what is it? If No, why not? What is the governmental initiative for their appointment letter?

Is there any importance (Ex- Valid identity, job security, legal evidence etc.) of appointment letter for tea workers? If yes, what? If no, why not? [Note down his/her explanation]

7. Working Hour

How many hour generally tea workers are working?

Whatare labor law and Tea Ordinance1977 instruction regarding this issue?

What is the wage calculation process for workers overtime (extra) working hours?

Is there any different practices? What is the ministry initiativeto change it into legal approach?

8. Wage Calculation

What is the wage calculation system for tea workers?

Is there any difference with other industrial wage calculation process? If yes, Why?

What are the Labor Law and Tea Ordinance 1977 instruction about wage calculation for

workers or specific tea workers?

Is there any difference between Labor Law/Tea Ordinance 1977 instruction and practice? What differences? Why? How? [Note down his/her explanation]

Is there any necessity to have a generalized wage calculation system for all sectors? If Yes, What is the ministry initiative to make a generalized wage calculation system for all sectors of workers? If no, why not?

9. Leave Management

What is the leave management system for tea workers?

Is it following every time from the employer’s side? If no, why?

What is the Labor Law/Tea Ordinance 1977 instruction about leave management for

workers or specific tea workers? If yes, what is it?

Is there any difference between Labor Law/Tea Ordinance instruction and practice?


Page | 26

What is the ministry position to ensure workers specific right of leave?


What about the shelter and ration management procedure for tea workers? (Per head

ration calculation, shelter distribution procedure and its quality)?

Is it following properly by the employers? If No, why not? How? [Note down their

explanation]

What is the Labor Law/Tea Ordinance 1977instruction about laborers shelter and ration

calculation and its quality?

Is there any difference between Labor Law or Tea Ordinance instruction and practice?

What differences? Why? How?

What is the ministry’s role to ensure tea workers quality shelter and ration?


Is there any system for maternity leave for tea workers? What is the system? What is the system

of wage calculation process when a woman is on her maternity leave?

Is it happening in practice? If not, Why not?

What is the Labor Law/Tea Ordinance 1977 instruction about it?

How the ministry can ensure tea workers maternity right? What is the ministry initiatives and

activity regarding this issue?

Do they have any rights of paternity leave? If yes, what is the benefit? Do they have the right in

practically? What would be the wage calculation when workers will in a paternity leave? What

is the ministry roll for ensuring workers paternity leave? Is there any instruction about paternity

leave in Labor Law/Tea Ordinance 1977?

Access to Justice

What types of justice systems for workers now practice at tea gardens?

What is the role of workers in it?

Is it proper justice for them? What is your perception? Why? Please Explain.


differences? Why? How? [Note down his/her explanation]

What is the ministry’s role to ensure tea workers proper justice service? How?

Recommendations of protecting tea workers’ rights: [1] [2] [3] [4] [5]

Page | 27

FGD Checklist (Workers)

FGD Checklist for workers’ on Rights of Dalit Tea Workers’ in Sylhet, Bangladesh

Metadata

Data item

Settlement code

Location

Date

Time

Facilitator

Note taker

Transcribed by


Participants – Name/sex/age/Occupation/tel. no. 1.


Serial

No

Name Age Sex Education How long the respondents have been working as a Tea Estate workers?

Mobile number

01

02

03

04

05

06

Why I have selected this group: [1] [2]

Hello, this is-----------------. I am a researcher. I am coming from BLAST for a research purpose. You will be glad to know that, I am now conducting a research for tea workers’ rights. I am here to have a group discussion with you people. I will discuss with you and write down our discussion as a note. The objective of our discussion is to understand the tea workers’ right status and the role of governmental, Industrial owners and nongovernmental organizations who are working for protecting labor rights with National Labor Law and International conventions. As a part of our research I want to know yours perception about workers’ right status in your area. In my research, yours opinion is highly important ant it is the top reason of this arrangement. In this discussion, yours participation is completely depends on your choice. If you feel embracing, you can deny any of my questions. I hope, you people will help my research with your knowledge and participation. It will take 40-50 minutes at best. The discussion is highly confidential and information of this discussion will be considered only for this particular study purpose and never mention your identity except you want. Do you people have any question to me? Are you agreeing to discuss? Can I start?

Page | 28

Service Related Rights of Tea Garden Workers:


What is the workers appointment procedure in this garden? Do you people have any appointment letter? If yes, what is it? If No, how did you people were appointed (include case or story from them)?

It there any importance of appointment letter to you? If yes, what? If no, why not? [Note down their explanation]

Do you know anything about procedure of workers appointment according to Labor Law/Tea Ordinance? If yes, what? Why do you think there is or isn’t a difference in practice?

12. Working Hour

In general, how many hours do you work?

Do you think your working hours are fair? Why/Why not?

Do you know the Labor Law instruction about workers working hour? If yes, what is labor law instruction?

Do you think you are working more in a day according to labor law/Tea Ordinance? Why?

What is the wage calculation process for extra working hours? 13. Wage Calculation

What is the wage calculation system for you people?

Do you think your wages are fair? Why/Why not?

Do you know about Labor Law/Tea Ordinance instruction about wage calculation for

workers or specific tea garden workers? If yes, what is it? Why do you think there is or

isn’t a difference in practice? [Note down their explanation]

14. Leave Management

What is the leave management system for you? [Note every single leave management

process]

Is it following every time from the employer’s side? If no, why? [include case or story

from respondents]

Do you know about Labor Law/Tea Ordinance instruction about leave management for

workers or specific tea garden workers? If yes, what is it? Why do you think there is or

isn’t a difference in practice? [Note down their explanation]


What isthe shelter and ration management procedure for you people (per head ration

calculation, shelter distribution procedure)?

Is the procedure followed properly? If No, why not? How? [Note down their explanation]

Please describe the shelter that is provided to you (size/condition/whether the space is

shared and with how many people/etc.). Do you think you are receiving adequate shelter

and food ration?

Do you know any instruction from Labor Law or Tea Ordinance about workers shelter and

ration calculation? If yes, what is it? Why do you think there is or isn’t a difference in

practice? [Note down their explanation]

Page | 29


Is there any system for maternity leave? What is the system? What is the system of wage

calculation process when a woman is on her maternity leave?

Do you know any more maternity benefit without leave available in your garden? If yes, what

benefits?

Do you know any instruction from Labor Law or Tea Ordinance about maternity leave and

benefits? If yes, what is it?



Do you know about paternity leave? If yes, what it is? Where form you learn? What is the

benefit? Do you have any paternity leave? If yes, how long? What is the wage calculation when

you are in a paternity leave?

Access to Justice

What types of justice systems are present in your garden? (List every single justice system as

respondents saying)

What is the role of you people as a worker in it (types of participation)?

Is it proper justice for you? What is your perception? Why? Please Explain.

Do you know any instruction from Labor Law or Tea Ordinance about justice facilities for workers?

If yes, what is it?



Problem Ranking and Institutional Mapping Checklist

Problem Ranking and Institutional Mapping Checklist for workers’ on Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh Problem Ranking:

1. Ask community peoples common problems and make a list by their priority order:

Problem Ranking

Name of the Problems

Rank 1

Rank 2

Rank 3

Rank 4

Rank 5

Rank 6

Rank 7

Institutional Mapping: [1] Ask participants about their initiatives to solve these problems by visiting supportive institutions. [2] Exercise (At the end of the practice, write a report about- A. What is the new knowledge generated by the practice B. What are important findings of research questions? C. What are positive and negative sides of this exercise?).

Page | 30

Step-1: Need to draw a circle in a page. A. Inside box is the community area. B. Circle area out of the box is mentioning the community surroundings. C. Outside circle is the rest of city area Step-2: After step-1, need to input problems of this community, their visiting organizations for getting problem solution in the drawing. Step-3: In this stage, need to fill up following box with previous stage information.

Serial No

Name of the organization

Working method

Positive side

Negative side

Community peoples participation level

Satisfaction level of community people

Reason Service quality in changing time

Key Informant

This is the end of our discussion. Thank you for your valuable time for our research.

Participant’s community area

Nearby area or participant’s living

Participant’s city area/Thana area

X School ++ Y NGO +

Z Club -

Y NGO +++

A Police station --

B (CBO) ++

Women affair officer +

A Party office -

Mosque committee --

Documents

Rights of Dalit Tea Garden Workers in Sylhet, Bangladesh