The most important question about the reform of Bangladesh's labour law now is not whether changes have been made to the law. The question is how much of the rights granted in the amended law can workers actually enjoy. If there is a right to form trade unions but workers fear losing their jobs if they attempt to organise, if workplace harassment is banned but there is no safe system to file complaints, and if safety provisions exist but inspections and penalties are not effective, then how much will the change in law actually change workers' lives?
This question is extremely important because Bangladesh has had a long and complex journey from the labour law of 2006 to the revised framework of 2026. The 2006 law created an integrated structure of rights for workers covering employment, maternity, health and safety, wages, compensation, trade unions, and labour dispute resolution. However, the journey doesn't end with just enacting laws.
International concern over worker safety and working conditions grew sharply after the Rana Plaza tragedy in 2013. The building collapse in Savar that killed 1,134 workers and injured about 2,500 posed a major question to our industrial sector in front of the global market. Significant amendments were made to the labour law that same year, introducing provisions on emergency exits, personal protective equipment, safety committees, and trade union-related issues. Amendments were also made again in 2018.
Despite this, dissatisfaction remained internationally regarding workers’ rights to organise, labour inspection, and collective bargaining. In 2019, several international labour organisations lodged an official complaint against Bangladesh under Article 26 of the ILO Constitution. The focus of the complaint was on labour inspection, the freedom to organise, and the failure to properly implement Conventions 81, 87, and 98.
Navigating this complex reality, we have had to move forward with the recent labour law reform process. The 352nd session of the ILO Governing Body in November 2024 was an important step for Bangladesh on the international stage. At that session, the interim government set out a clear commitment to labour law reform, the right to organise, maternity benefits, and worker rights. Leading the discussion on behalf of Bangladesh were the then-law advisor Asif Nazrul and the then-labour Advisor Asif Mahmud Shojib Bhuyain. The ILO urged Bangladesh to swiftly advance the roadmap.
Later, on 12 November 2024, I was given the responsibility of the Ministry of Labour and Employment (alongside the Ministry of Shipping). Taking on the responsibility of labour law reform in that context was extremely challenging. On one hand, there was the Article 26 complaint hanging over us at the ILO, while on the other, there was intense pressure for labour rights reform from the US trade body and the European Union. Thus, the matter became directly tied to Bangladesh’s international image and the future of its export economy.
After taking charge of the ministry, then Labour Secretary Md Ehsan-E-Elahi, relevant officials and the Tripartite Consultative Committee (TCC), comprising representatives of workers, employers and the government, began holding a series of meetings. One of the widely discussed issues in the draft reforms was alternative dispute resolution (ADR). While the swift resolution of labour disputes can reduce lengthy, court-centred legal complications, its success depends on the impartiality of the system and its effective implementation.
Following lengthy discussions, key outlines of the draft were finalised in a five-hour meeting on 11 February 2025. Subsequently, at the 353rd Governing Body session of the ILO held in Geneva from 10 to 20 March, 2025, I led the Bangladesh delegation to present the main progress of that draft. While the ILO acknowledged progress on the reform roadmap, it set a subsequent progress timeline until March 2026.
Upon returning to the country, we further refined the draft through multiple tripartite meetings, seminars, and consultations with EU and ILO representatives. This continuous progress was showcased again in the November 2025 355th Governing Body session. Following this, the ‘Bangladesh Labour (Amendment) Ordinance’ was issued on 17 November 2025. According to the ILO, this ordinance is a significant milestone in preventing workplace discrimination and harassment and aligning with international labor standards.
In the same month, Bangladesh ratified three important ILO conventions—the Occupational Safety and Health Convention No. 155, the Health Promotion Framework Convention No. 187, and the Violence and Harassment Convention No. 190.
In March 2026, Bangladesh’s progress was reviewed again at the 356th session of the ILO. The ILO welcomed this tripartite reform but urged the completion of remaining tasks, including the EPZ, by the session in March 2027. In this continuous process, several essential changes were made to the labour law in April 2026.
The most notable aspect of these recent reforms is making discrimination and harassment prevention a requirement at the workplace, easing conditions for forming trade unions, increasing maternity benefits, preventing the blacklisting of workers after termination, establishing provident funds at specific institutions, and reducing the timeframe for reviewing minimum wages.
No matter how well-crafted the legal reforms may be, the real test begins in the field of implementation. Having the right to a trade union in law is one thing; not losing jobs while exercising that right is another. Banning discrimination and harassment is one thing; ensuring impartial investigation after a complaint is another. While it’s easy to have safety provisions on paper, conducting regular factory inspections and swiftly taking punitive measures against irregularities is much harder.
Therefore, the main focus now should be on administrative capacity. If information on regular factory inspections and punitive actions taken against irregularities is not made public, the real picture will remain hidden. Alongside this, making the EPZ labour law equivalent and consistent with the main labour law and ILO conventions is essential. In the global market, the quality or price of a product is not enough; the conditions under which it was made and how humane and safe those conditions were are now primary export conditions.
The two-decade history from 2006 to 2026 shows that fundamental problems are not solved by just adding new laws or ordinances. My experience has shown how challenging it is to develop an acceptable draft while overcoming the various interests and differences of the involved parties. However, while in charge, it became most clear to me that reform does not end with a signature in the gazette; rather, it begins there.
The ILO will review Bangladesh’s progress again in March 2027. Thus, the issue now is whether workers can form unions without fear, whether they receive impartial justice when they report harassment, and whether factory inspections are actually effective. Only if positive answers to these questions are found can the 2026 reforms be deemed successful.
#M Sakhawat Hossain is former advisor to the interim government
*The opinions expressed here are the author’s own.
#This article, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Islam