Authors: Fatima Zahra Ahasan Raisa and Sabit Kayes Rahat*
The International Covenant on Economic Social and Cultural Rights guarantees in Article 6 the right to decent work. The work that respects the fundamental rights of workers in terms of conditions of work, safety and remuneration. The multifarious difficulties faced by CNG transport workers during COVID-19 though prevalent but are not discussed enough. The pandemic situation wreaks havoc in the overall living condition of CNG transport workers by variegated difficulties which include, but not limited to, losing jobs, insufficient financial aid, lack of proper health and safety measures etc. Right to work at a reasonable wage is a constitutional right enshrined in Article 15 (b) of our constitution. The right to life within the interpretation of Article 31 also incorporates right to livelihood as no one cannot survive without living. The income of CNG transport workers has lessened during lockdown, hence, nothing is left in their hands after giving the fixed amount to the employers. As the transport workers were already living on extremely low income, they had not been able to save anything before the pandemic hit. Being unable to pay the house rent and daily living cost now they are dealing with heavy debt burden to carry on with their expenses. Many CNG workers being unable to pay the fixed amount to the employers lost their jobs. Section 2(4) of Bangladesh Labour Act, 2006 specifies 8 working hours daily for workers subject to the condition that they can work up to 10 hours which will be counted as overtime. But the CNG transport workers have to work for average 12-14 hours a day to fulfill their targeted income . As of now, all the educational institutions are shut down, they struggle to earn a trifling amount of money daily after paying the employer and spending for fuel. Section 103 of Bangladesh Labour Act, 2006 affirms regarding 1 day of 24 consecutive hours holiday in a week and no deduction of wages on account of such holidays. But the application of this provision is absent in this sector as for CNG transport workers holiday means no income at all for the day .The unreasonable working hours eventually converts into ‘forced labour’ as they have to work against their own consent for fulfilling their everyday needs.
CNG auto-rickshaw drivers are dreadfully deprived of right to social security. Article 25 of the UDHR recognizes the right of everyone to security in the event of unemployment, sickness, disability, widowhood, old age and other lack of livelihood in circumstances beyond his or her control. CNG transport workers are not entitled to any non-wages benefit like pension or gratuity. Let alone festival bonus they don’t even get a paid weekly holiday. The grim reality is that they will be able to feed themselves as long as they can work with their own. Hence, the lack of social security during this pandemic has put the workers in a miserable situation.
CNG transport workers are often fined for ‘parking violation’. Section 47 of Road Transport Act 2018, prescribes to the concerned authorities for determining parking areas in their jurisdiction with the help of the police and violation of which may result in fine upto Tk.5,000. However, there is no such action from the concerned authorities for determining parking areas resulting in driver’s utmost suffering specially during this pandemic when they are struggling to earn.
CNG transport workers have to face police harassment due to unlikelihood on the part of the owner with respect to renewal of the tax token and fitness certificate. Moreover, the owners are not concerned about maintaining the vehicle properly which results in breakdown of vehicle in middle of the road. So, when police finds this type of case, without any further delay files a case against him. This huge amount of fine has to be paid from the pocket of the taxi drivers and the owners do not take any responsibility for such fines. In this pandemic situation, when they are already struggling to meet the daily needs, such payment of fine is over burdensome to them.
One of the indicators of ILO includes freedom of association. But, woefully, the trade unions in transport sector are not mobilized. Though money is collected as toll every month for the welfare of transport workers but regrettably no aid in form of cash or kind has been made available to transport workers as most of the leaders of trade union in this sector tend to gain own benefit rather than helping the workers.
The National Labour Policy 2012 pledges to specify minimum wages and to update it periodically in consistence with price of commodities and other living costs. But the minimum wages of transport workers are not specified and updated. The unanticipated increase in price of commodities over this pandemic gravely hits this vulnerable group of workers.
In such an event, government should introduce rules so that the employers reduce the fixed amount in this crisis moment. There can be introduction of social security scheme for transport workers like neighbouring West Bengal. The “West Bengal Transport Workers Social Security Scheme, 2010′ applies to all unorganized workers of 18-60 years of age. Workers who are part of the scheme for 5 years, gets a pension of Rs.1500 per month after 60 years and financial assistance of Rs.2,00,000 in case of accidental death.
Initiatives for exchange of dialogue between the law enforcing agency and transport workers should be taken to terminate the never-ending harassment of police and to build a cooperative relationship. Trade unions should introduce disaster management fund for tackling emergency situations like pandemic. The miserable situation of CNG transport workers should be addressed in the light of philosophy of Sustainable Development Goals (SDGs) that no one left behind. Above all, the existing laws should be implemented accurately so that CNG transport workers are able to lead life with safety, security and dignity.
*Fatima Zahra Ahasan Raisa and Sabit Kayes Rahat, students, Department of Law, University of Chittagong.
