AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE Bangladesh Labour Act, 2006 (as amended up until 2018); and Rules, 2015 S UMMARY Provides for the regulation of minimum hours of wages; payment of wages; compensation for injuries to workers; formation of trade unions; raising and settlement of industrial disputes; health, safety, welfare, and working condition and environment of workers; employment of workers; and relations between workers and employers. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya in Bangladesh who meet the following definition of worker are arguably covered by this Act: “any person including an apprentice employed in any establishment or industry registered under the Companies Act, 1994, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional, or clerical work for hire or reward, whether the terms of employment are expressed or implied, but does not include a person employed mainly in a managerial, administrative [or supervisory] capacity.” A number of specific types of employees are excluded from the jurisdiction of this Act, including but not limited to employees of institutions not run for profit or gain. P ROTECTIO N N OT ES Rohingya employed by registered establishments in Bangladesh (e.g., within the formal economy) are entitled to the protections and rights of workers as outlined in the Act (minimum working hours, compensation for injuries sustained while working, maternity benefits, etc.). Under the 2018 amendment, an exception allowing for the employment of children ages 12-13 in light work has been abolished from Section 44. As such, the minimum age for employment in an establishment or industry in Bangladesh registered under the Companies Act, 1994 is now 14 years or older. 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 “to emancipate the toiling masses, the peasants and 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. The prohibition on forced labour has been implemented by Section 374 of the Penal Code, 1860, which declares forcing an individual to engage in non-voluntary labour is a punishable offence. Bangladesh Export Processing Zones Labour Act, 2019 S UMMARY Governs the rights and obligations of employers and workers in establishments registered under the Companies Act, 1994 operating within declared Export Processing Zones (EPZ). 63 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH