Compared to other occupations, the exploitation experienced by tea workers is unparalleled. Fair salaries, adequate nourishment, education, and general health facilities are denied to 97% of tea workers. The majority of tea workers are female, and many of them endure physical, verbal, and sexual abuse, all of which are violations of their human rights as citizens. In addition to being reasonable, the demands made by tea workers in recent years are necessary for a humane way of life. After their movement, the pay was set at Tk 170, which is still quite little given the current situation.
Tea laborers in the nearby Indian state of Assam receive 330 taka, or 250 Indian Rupees. Similar to this, 940 Taka, or 450 Sri Lankan Rupees, are distributed in Sri Lanka. At now, Bangladesh’s per capita income is 2,784 US dollars. On the other hand, a tea worker makes 170 Taka per day, or 1.43 US dollars. Wages are set by a bilateral agreement between the Bangladesh Tea Association (BTA) and the Tea Workers Union, according to sources inside the union. Every two years, an agreement like this is established. As per the agreement, the daily rate was Tk 117-120 as of January 1, 2019.
In response to the tea workers’ movement later in 2022, the pay was raised by 50 Taka to 168–170 Taka. On January 1, 2021, it became operative. First-class, second-class, and third-class tea garden laborers now receive pay of Tk 170, 169, and 168 in that order. Since 96% of them do not have official employment, it is only natural for the hired people to take advantage of and treat them carelessly.
The proprietors of the tea estate promised the laborers a daily pay of Tk 300 in 2020, but they later withheld that promise. Additionally, in August 2022, the campaign once more called for a 300 Taka day salary; as a consequence, the wage only increased from 120 Taka to 170 Taka. In that sense, the provisions of bilateral agreements and labor legislation were not appropriately observed. It is easy to see the struggles they face supporting their family and making ends meet as tea workers. One kilogram of rice costs 75 Taka, and additional ingredients needed to provide a family with a balanced diet and a healthy lifestyle can cost up to 500 Taka.
For 170 Taka, tea workers are not able to provide for their own adequate sustenance. In areas with tea plantations, there is a notably low rate of schooling. Youngsters who are meant to attend school are forced to labor on tea plantations. There are just two high schools, a few government elementary schools, and no colleges among the 241 tea plantations. Furthermore, tea workers do not possess any personal residences. For at least three generations, they have resided in homes that are eight or twelve feet in size.
Education is a fundamental human right, according to Article 26 of the Universal Declaration of Human Rights (UDHR). This is further stated in Article 17 of the People’s Republic of Bangladesh Constitution, which is labeled “Free and compulsory education.” In addition to this, Section 34.1 of the Bangladesh Labor Act, 2006 states that no kid shall be permitted to work in any organization or profession. Tea plantation workers are not employed in accordance with Section 5 of the aforementioned statute, which requires the authority to provide an employment letter to a worker prior to engaging them. As a matter of fact, no employment letter is provided to tea workers in Bangladesh.
They are denied the advantages of the provident fund, which Section 320 of the same legislation grants them. As stated in Article 14 of the Constitution, one of the fundamental duties of the state is to provide an environment free from exploitation at work. The pain of the tea workers was unaffected by this. The tea workers are not receiving quota benefits since they are not listed as minorities and are not yet recognized as tribes.
The employment of laborers, the relationship between employers and employees, the setting of minimum wages, wage payment, compensation for worker injuries resulting from work-related accidents, trade union formation, the resolution of labor disputes, education, health, safety, and welfare, as well as guaranteeing working conditions and the environment of workers are all covered under the Bangladesh Labor Act, 2006. Tea workers are also subject to the whole statute, with certain exclusions that solely apply to them. Regretfully, it is too early to tell how the act would affect tea workers. The Sustainable Development Goals (SDG) prioritize the eradication of forced labor, slavery.
The Bangladesh Development Survey states that although there have been regulations pertaining to tea workers in this subcontinent since the 19th century, these workers are still denied equal rights and citizenship status. All workers, regardless of gender or religion, have fundamental rights as citizens recognized by the Constitution. Furthermore, legislation specifically designed to protect tea workers have been passed. These laws include the Bangladesh Tea Workers’ Welfare Fund Ordinance of 1986, the Tea Plantation Ordinance of 1979 (modified in 1986), and the Tea Plantation Labor Rules of 1977.
Despite several amendments throughout time, these laws have not sufficiently addressed societal demands, especially with regard to worker compensation and labor law infringement remedies. A comprehensive ‘Bangladesh Labor Act, 2006’ was established in this regard by the consolidation of 27 distinct statutes. Though the law’s provisions would have benefited ordinary laborers, there was no explicit reference to tea workers, raising the possibility that they were not allowed to use these facilities. The majority of them are uneducated and ignorant of their rights, which is the primary cause. Despite the fact that indigenous peoples are mentioned in the UDHR, tea plantation workers are not specifically mentioned.
Following this, rules pertaining to the employment and conditions of tea plantation laborers as well as legislation pertaining to tea plantations and the tea industry have been passed in Bangladesh. The Bangladesh Tea Workers Welfare Fund Ordinance of 1986 and the Bangladesh Labor Act of 2006 are the two laws that are now in effect for tea workers. These laws indeed exist, but they are not adequately enforced. Many middlemen often deny tea workers their fundamental rights and decent salaries in order to further their own agendas. An additional weight to that list is the undeveloped transportation infrastructure in those areas. In addition, they encounter prejudice on the basis of language, culture, economy, and society.
Ensuring the rights of tea workers poses several challenges that must be addressed. It is feasible to provide people with their fundamental human rights by adopting some common measures, such as the appropriate application of the Bangladesh Labor Act, 2006. The main provisions of the act that must be adhered to are the following: a suitable minimum wage, required weekly holidays, collaboration between employers and workers, safety for female workers and permitting maternity leave, removal of provident fund disbursements, requirement for primary education for the children of tea workers and guaranteeing their inclusion in the quota system, provision of adequate housing, environment, medical, and transportation facilities.The government must acknowledge the struggles of tea workers for a just working environment if tea exports and economic growth are to both soar to new heights.
Rabeya Bashri Ratri is a student of law of the University of Asia Pacific
