contained in Section 2(65) of the Bangladesh Labour Act, 200640 only includes those
engaged in establishments or industries and thus, domestic workers are not entitled to
protection under this Act. Section 1(4)(o) of the Act also unequivocally provides that
domestic workers would not be covered by this law. According to this Act, child would
mean anyone under the age of 14 years41 and adolescent would mean anyone above the
age of 14 years but below the age of 18 years.42 This Act provides that anyone below the
age of 14 years cannot be employed in any work and children above 14 years but below
18 years can only be employed when a certificate of fitness is granted to her/him by a
registered medical practitioner.43 The Act provides a leeway for employing children in
light works in that a child above the age of 12 years but below 14 years may be appointed
in light work.44
The Domestic Workers Protection and Welfare Policy, 2010 (Draft) provides that
no child below 14 years of age can be employed in domestic work. But it also provides
that in special circumstances, a child who is 12 years old, can be employed in such
household work which is not dangerous for her/his health and development and would
not hamper education of the child. Of course, as there is no objective criterion to decide
what is not dangerous to the health of a child and her/his development, it seems that this
limited scope would be open to be misused. Even more importantly, this is just a draft
policy and unless this becomes operational, even if a child below 12 years is employed in
domestic work, it appears that would not constitute an offence under any law in force in
Bangladesh.
Apparently, the only legislation that directly deals with domestic workers in
Bangladesh is the Domestic Servants Registration Ordinance, 1961.45 According to this
40
Act No. 42 of 2006.
41
Ibid, Section 2(36).
42
Ibid, Section 2(8).
43
Ibid, Section 34.
44
Ibid, Section 44.
45
East Pakistan Ordinance No. XLIV of 1961.
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