limited financial resources that even a court’s order to pay compensation to the worker would remain unsatisfied. This situation can probably be avoided by the introduction of an insurance scheme, the premium of which would have to be paid by employers of domestic workers and in return of this premium, the insurance company would bear their risk.91 The critics of an insurance scheme for domestic workers may argue that even the Labour Act, 2006 does not require a mandatory insurance scheme for compensating workers in the industrial sector unless a particular establishment has at least 100 workers employed in it.92 Hence, they may contend that there is no case for such a scheme to be introduced for domestic workers. However, in Bangladesh, the culture of taking insurance policies as a means for limiting exposure to risk is not entrenched, and this may have prompted the legislature not to adopt a mandatory worker’s compensation scheme for industrial workers in Bangladesh except for those who work in establishments where 100 or more persons are employed. It may be submitted that in reality, the wisdom of the legislature’s apparent emphasis on the size of an establishment (possibly also concomitant emphasis of the capital invested) is debatable. As insurance is a means to limit risk, the deciding factor of a mandatory insurance scheme for workers should be the risks involved; not the size or economic muscle of the establishment where they work. Again, in a way as private employers of domestic workers or small industrial establishments would generally possess comparatively limited means to pay compensation, it would appear that the chance of them failing to pay compensation is no less than large commercial establishments. Hence, they may need insurance policies as much as the large scale industrial establishments may. 91 The detailed scheme for such a mandatory insurance policy is beyond the scope of this study and if a regulation imposes a legal requirement of mandatory insurance policy for domestic workers, crafting the details of a scheme can be taken care of by the Insurance Development and Regulatory Authority of Bangladesh. 92 Act No. 42 of 2006, above note 40, Section 99(1). 25

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