1. Background:

In January 2017, Bangladesh Legal Aid and Services Trust (BLAST) has started a project named Worker Empowerment and Advocacy in the RMG Sector (WEARS,) funded by C&A foundation. The goal of this initiative is to empower individual workers, and members of workers’ and rights organisations, in particular women, to increase their voice and raise concerns and demands with private employers and public authorities to seek legal protection, and thereby increase access to justice with respect to working conditions in RMG factories.

The project aims to increase the engagement of female workers within the RMG sector, build their knowledge about their rights, remedies and available services, and enable their participation, supported by women’s and rights organisations, in advocating for enforcement of existing laws, and ensuring access to existing information and legal services for workers. Under Bangladesh labour law, workers in RMG factories can organise at the workplace through factory level Trade Unions (TUs). To date, about 500 RMG factories have registered TU. Labour legislation provides significant rights to the workers. But in many cases, the workers are unable to exercise them, due to the lack of knowledge about their legal rights and remedies, and lack of access to services. In 2008, a Supreme Court judgment has mandated that all private and public bodies are required to ensure prevention and protection against sexual harassment in, among others, all workplaces. This is binding on all authorities and private bodies (Art. 112 of the Constitution). And yet, in the absence of specific directives to the Ministry of Labour and Employment, and with the judgment provisions not yet having been incorporated into any statute, there has been very patchy compliance. Efforts have been made by the BGMEA to direct action by its members, and women’s organisations have raised the issue, but much more can be done to ensure workers at the frontlines are aware of their rights, and to catalyse activation of the mechanisms and processes required to ensure redress.

The labour laws have mandated compensation for work place deaths and injuries, but the amount is very inadequate. It is also to be noted that realization of compensation require to file case and the victims and their family members victimized by the procedural dilemma. In recent milestone judgments the Hon’ble High Court has given directions as to calculation of compensation. The existing labor law intends to remove an injured worker from employment with compensation, but it is degrading to a human when disability become a ground of removal. Domestic and international disability related laws guarantees continuation of job with reasonable accommodation. But the labour laws have not been harmonized till date.

With an aim to combat these problems, the project will focus on strengthening and building the capacity of workers to enable them to raise their voice and have access to legal remedies. It will:

• Strengthen workers’, in particular women workers’, knowledge and negotiating skills in factory level TUs so that they can raise concerns and demands around improved working conditions with employers and state bodies, such as the Ministry of Labour and Employment.
• Establish eight RMG workers self-help-groups (SHGs) in the communities where workers reside which will be involved with frontline delivery legal services and mobilising outside workplaces with civil society organisations. These areas will initially be identified through discussion with the TU representative and former clients of BLAST.

3. Provide advice, training and legal representation to TU members and individual workers to assist in seeking legal redress to ensure improved workplace conditions.

2. Purpose of the Research:

The intended research will be conducted in order to know the present situation in relation to compensation for workplace accident, and prepare a recommendation for reformation of laws and policies on the issue reviewing relevant judgement of several courts and existing laws and policies of the country and the region as well as analysis the practice in recent time including Rana plaza tragedy experience.

3. Scope of Work:

• Reviewing existing national and international laws, policies and judgments as to compensation for workplace deaths and injuries;
• Finalize methods and data collection tools in consultation with BLAST;
• Collect data from primary and secondary sources (desk review, FGD, IDIs and KIIs)
• Prepare first drafts of reports and presenting in data validation workshop;
• Incorporate feedback and updating reports
• Finalize reports and policy papers

4. Expected Deliverables:

• Detailed conceptual framework of the research
• Checklist, questionnaire, FGD reports
• Power point presentation and keynotes
• Final Study report with comparative study, gap analysis and recommendations
• Policy paper for appropriate legislative reforms

5. Period of Performance:

The Research is planned to conduct between –September - October 2018.

6. Evaluation Criteria:

Consultants are required to have expertise and a minimum of 5 years of experience in the following:

• Working experience on relevant topic
• Experience in conducting research on same area
• Experience in conducting socio-legal research
• Experience in evaluation related to RMG workers
• Experience in evaluation of rights based work
• Experience in developing quality research reports.

7. Criteria for consultant selection:

8. Payment Condition: (VAT and Tax will be applied as per government rules)

• 20 % after submission of inception report
• 40% after submission of draft report
• 40% after accepting of the final report

9. Supervision

The consultant will work under the supervision of Deputy Director- Programme, Deputy Director- Legal and Deputy Director- Advocacy of BLAST.

10. How to Apply

• Consultant/s that meet the requirements outlined above are invited to submit technical proposals including financial plan with a cover letter to the office of BLAST
• Apply under the subject line of ‘Proposal–Research on Compensation for workplace accidents under WEARS Project’ with your CV and photograph including the name and contact details (including the email address).
• Deadline: 31 August 2018 not later than 5:00pm
• Submit to purchase@blast.org.bd.