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).
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