as enshrined in the Labour Act, 2006 is also dismissed by some as too cumbersome and time consuming and thus, unsuitable for domestic workers.98 Furthermore, if the provisions of the National Domestic Worker Protection and Welfare Policy, 2010 (Draft) can be incorporated into a law, the objective of giving legal rights to domestic workers would be achieved. For these reasons, it appears to the author of this study report that inclusion of domestic workers within the purview of the Labour Act, 2006 is not necessary. Accession to the Domestic Workers Convention, 2011 and its ratification by Bangladesh can be a very significant step in abolishing child labour in domestic works. In this regard, Article 3 and 4 of the Convention is of particular relevance. Article 3(2) of this Convention obliges each party to the Convention to take measures for ‘effective abolition of child labour’. If read in isolation, it may appear that this Convention proscribes any employment of persons below the age of 18 years in domestic works and such proscription would need drastic legal intervention in Bangladesh, this is perhaps standing in the way of Bangladesh being a party to it. However, Article 3(1) is qualified by Article 4. Article 4(1) of the Convention requires parties to the Convention to set a minimum age for domestic workers which would have to be consistent with the provisions of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and not lower than what is established by national laws for workers in general. Now if we read relevant provisions of these two treaties together, we would find that the minimum age for starting employment for children from developing countries is 14 years (12 years for light works). 99 Thus, even if the Domestic Workers Convention, 2011 is acceded to and ratified by Bangladesh, children above the age of 14 years would be legally allowed to work as domestic workers. 98 Ahmed, above note 48, at 17. 99 Convention concerning Minimum Age for Admission to Employment (Convention No. 138), Articles 2(4) and, 7(4). 28

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