AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE
Article 7.5 stipulates that female domestic workers who are pregnant should be afforded a total of 16 weeks
paid maternity leave (four weeks prior to expected delivery, 12 weeks after delivery) and should not be assigned
physically strenuous tasks during maternity. Moreover, the employer should assist in contacting a government
hospital to provide maternal healthcare.
Article 7.7 sets out that sick domestic workers should not be assigned work and their employer should arrange
for them to receive proper medical treatment at the employer’s expense.
By virtue of Article 7.9, domestic workers who are injured while performing work duties should be compensated
by their employer in accordance with the type of accident and any damages/losses sustained, as well as
covering the costs of appropriate medical treatment where necessary.
Where Rohingya domestic workers are the victims of physical or mental sexual assault or harassment by their
employer, or their employer’s family members or guests, they should be entitled to file a case and to have the
Government cover the costs of their case, and the guidelines on sexual harassment laid out by the High Court in
its ruling in BNWLA vs. Government of Bangladesh (2011 BLD (HCD) 31) would apply (Article 7.10d).
Domestic workers should be entitled to participate in and benefit from the Bangladesh Labour Welfare
Foundation Act, 2004 by virtue of Article 7.12.
Domestic workers and their employers should provide 30 days advanced notice of intention to terminate the
terms of employment. If an employer instead immediately terminates a domestic worker, the employer should
pay 30 days’ wages as severance (Article 15).
Regardless of whether employed in the formal or informal sector, the following constitutional protections apply
equally to citizens and non-citizens:
• In accordance with Art. 14, the State has the fundamental responsibility in principle to emancipate the toiling
masses, the peasants and the workers from all forms of exploitation.
• In accordance with Art. 34(1), there is an absolute prohibition on forced labour, with the exception of
individuals sentenced to rigorous imprisonment or as required by law for public purposes. Forced labour is
also criminalized by Section 374 of the Penal Code, 1860, which declares forcing an individual to engage in
non-voluntary labour to be a punishable offence.
Administrative Notifications regarding the
Employment of Rohingya as Volunteers by NGOs
operating in Cox’s Bazar:
Bureau of NGO Affairs Memorandum No.
03.07.2666.661.51.019.17-10 of 23 September
2019 and NGO Affairs Memorandum No.
03.07266660.66.341.18-03 of 1 January 2020.
S UMMARY
These memoranda issued by the Bureau of NGO Affairs form the basis for the Government’s allowance of
“Cash for Work” and daily labour schemes implemented by NGOs for Rohingya refugees living in the camps
in Cox’s Bazar.
66
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents