Thus, the Commission urge that Section 22 of the OEM Act 2013 be effectively used and ensure the
recruitment agents are made liable in matters concerning breach of employment contract, including in
respect of wages, disability compensation, repatriation and death.
Despite the prevailing laws having effective control over the recruiting agents; implementation of the law
and practice are not without gaps. To make safe migration possible the recruiting agents needs to be
monitored closely and strictly following the law. Based on the findings of the study conducted by the
Commission, it is recommended that a rating or grading system for recruitment agents be put in place.
This will bring two-fold results – aspirant migrants will have an option to choose responsible retirement
agents, and the recruitment agents will feel encouraged and motivated to adopt good practices. Further,
it should be made obligatory to recruitment agents to communicate with the clients their duties and
remedies for breach of such duties at the very beginning of their communication. This will increase
transparency in the whole process.
Part II of the Convention issues related to Articles 7 and 83
Since its inception the Commission has received a total number of 34 complaints from migrant workers
and a total number 5 complaint related to matters concerning human trafficking. Of which as indicated
below 33.3% complaints under both categories are made by females.
Of the total complaints submitted under both categories 22 (56%) of complaints have been resolved.
Category of
Complaints received
by NHRC
Complaints
from
Migrant Workers
Human Trafficking
2016
2015
2014
2013
-
8
15
4
(Female –
2)
(Female –
4)
(Female –
1)
3
-
1
-
(Female –
2)
2012
2011
4
3
(Female –
1)
(Female –
2)
1
-
2010
(Female –
1)
Part III of the Convention issues related to Articles 8-25, 29 and 33
The legal prohibitions concerning child labour apply to all children under the Labour Act 2006. To date,
NHRC has not received a single complaint pertaining to child labour related to migrant children. As per
sections 34-44, appointment of children in the formal sectors of employment such as factories, industries,
commercial organizations, communication and transportation industries are prohibited. Notwithstanding
the Constitutional stipulations, the NHRCB recognizes that child labour is a reality in Bangladesh. The
Commission is also conscious of the fact that children coming from the poorest households are more
likely to be engaged in the labour force and drop out of school than children in households with the higher
9