Workplace harassment laws in Bangladesh are governed by Bangladesh Labor Act 2006, Bangladesh Labor Rules 2015, and High Court Verdict 2009. These laws ensure that employees get a safe workplace. It is stated that whoever breaks the harassment laws in the workplace, will face maximum punishment.
It’s also an employee’s responsibility to respond to workplace harassment immediately. They must reach out to HR with evidence, if any. Meanwhile, every organization must form an anti-harassment policy for employees’ safety.
What Is Considered Workplace Harassment in Bangladesh?
Workplace harassment is basically an unwelcoming sexual behavior to an employee, shown directly or indirectly. It can be through physical contact or advances. In short, anything affecting an employee’s dignity is harassment.
In Bangladesh, Rule 361 KA of the Bangladesh Labor Rules (Amended 2022) addresses workplace harassment. The High Court Verdict of 2009 issues guidelines to prevent physical, mental, and sexual harassment of women and girls in workplaces. The Section 332 of the Bangladesh Labor Act 2006 states that no person should behave unmannerly or indecently to women at workplaces. It’s compulsory for every workplace to abide by these laws.
There can be different types of harassment in the workplace that employees may face. Such as-
- Sexual harassment: This includes unwanted sexual advances. Such as touching inappropriately, making sexual comments, asking for sexual favors, sending sexual messages, sharing pornography, etc. Both males and females can be the victims of sexual harassment. But in most cases it’s females.
- Verbal abuse: It means communicating or sharing a speech with an employee for degrading, intimidating, or threatening him. Verbal abuse can occur in both written and spoken words.
- Mental harassment: This is similar to psychological harassment, which affects employees mentally. In this case, employees get isolated, gaslighted, excluded, or belittled by a group of people in his workplace.
- Physical harassment: Physical contact, like unwanted hugging, patting, or touching fall in physical harassment. Sometimes employees can be threatened or face physical violence that damages his personal property.
- Cyber harassment (in workplaces and online): Online harassment includes making demeaning comments, threatening, making offensive comments, spreading rumors about the employee, and so on. These take place via messaging apps, email, and social media platforms.
- Gender Discrimination: Gender discrimination persists in Bangladesh’s workplaces via unequal pay, biased promotions, and exclusion of women from leadership. Despite laws like the High Court Verdict 2009, cultural norms sustain barriers, worsening harassment risks. Stronger policy enforcement and awareness training in the workplace are urgent needs.
Workplace Harassment Laws in Bangladesh: Provisions and Punishments
There are different laws against harassment in workplace. These are made so that employees can work in a safe environment. But, it’s the employer’s duty too to ensure safety in his workplace. Here is a detailed breakdown on some anti-harassment laws in Bangladesh.
Bangladesh Labour Act 2006
Section 332 states that no person in the workplace shall behave indecently or inappropriately with a woman. No one should affect her honor. If anyone does, then he should get maximum punishment by paying a fine of 25 thousand taka. Meanwhile, the employer should ensure strict grievance procedures against the offenders.
Bangladesh Labour Rules 2015 (Amended 2022)
Rule 361 KA stipulates that each workplace must have a five-member committee, led by a woman and consist of a majority of women to prevent sexual harassment in workplaces. Also, its prevention guidelines should be provided to all the employees.
High Court Verdict 2009: BNWLA vs Bangladesh
As per the High Court Verdict 2009, the government should enact legislation against sexual harassment that violates a woman’s constitutional rights in a workplace. Also, it stated that it’s a punishable offense that both the government and the employer shall call for strict guidelines.
The Penal Code 1860
Section 509 states that whoever insults a woman’s modesty through sound, gestures, or intimidation shall be punished with a fine, one-year imprisonment, or both. Also, Section 354 addresses assault or criminal force to women, including in workplaces. Here, the imprisonment can extend to two years, or a fine, or both.
What Is the Anti Harassment Policy in the Workplace?
An anti-harassment policy is a formal document. It is like a commitment from the organization to the employees that they are going to offer a respectful and safe work environment. And there will be no harassment or antagonistic situations that harm an employee’s dignity. As per Rule 361 KA under Bangladesh Labour Rules 2015 (Amended in 2022) and High Court Verdict 2009, every organization must implement a written anti-harassment policy and publicly share it with the employees. Only then can there be a safe work culture in Bangladesh.
How to Respond to Harassment in the Workplace?
To stop harassment in the workplace, we must know how to solve harassment in the workplace. Here are some steps that employees must follow while facing it:
- Document everything about the incident. Especially, the date, time, witnesses, and the nature of the harassment.
- Reach out to your workplace’s committee or the anti-harassment committee in Bangladesh.
- File the complaint with HR or the manager.
- Seek help from a labor rights lawyer if the internal process fails.
- Keep digital evidence like screenshots, emails, and messages, especially when it’s cyber harassment.
- Reach out to NGOs and support groups for emotional support and legal aid.
Can HR Software Track Harassment Complaints in Bangladesh?
Yes, HR software can be used to monitor harassment complaints at workplaces in Bangladesh. Software tools such as PiHR provide a centralized system for employees. Using this solution, they can report cases of harassment in the workplace. This software also provides secure data storage, thus evidence & documents remain safe and confidential in this system.
Best HR software often has the features to track issues and their state of resolution. Notifications are dispatched automatically to the appropriate recipients to secure prompt reactions and measures. HR solutions allow to generate analytical reports that help employers identify patterns and implement preventive measures.
Final Words
Workplace harassment is a pressing issue in Bangladesh. But thanks to the legal strides, like the Labor Act 2006, Labor Rules 2015, and High Court Verdict 2009 to lay a foundation for safer workplaces. Now, it has become legally mandatory for employers to implement an anti-harassment policy in their organization.
In case, if employees experience any harassment in their workplace, they must inform the HR department first. For organizations with HR software, things get even better for employees to deal with workplace harassment issues more efficiently and securely. Filing a complaint there can help address real-time issues with the earliest actions.
