Mental health in workplace is a labour legislation concern

March 7, 2024

DHAKA – Mental health, frequently neglected compared to physical health, is gaining recognition as an essential element of holistic well-being, especially in the workplace. However, a more comprehensive examination of the country’s labour legislation and the obligations of employers to cultivate a supportive atmosphere is warranted.

According to Section 22 of Bangladesh Labour Act, a worker may be discharged from service for physical or mental incapacity or continued ill health certified by a registered medical practitioner. If a discharged worker completes at least one year of continuous service, the employer must pay them 30 days’ wages for each year of service. However, no provision exists to improve workers’ mental health.

Although Bangladesh’s labour laws are comprehensive regarding wage rights, working hours, and physical health and safety, they do not explicitly address mental health concerns. This gap underscores a critical area of concern given the growing body of evidence that establishes a connection between mental health and productivity, job satisfaction, and overall economic development. The global recognition of the significance of mental health in the workplace is increasing. Developed countries such as Canada, the United Kingdom, and Australia have implemented mental health provisions as part of their labour legislation, demonstrating a proactive approach. For example, the Health and Safety at Work etc. Act 1974 in the UK requires employers to consider and mitigate physical and mental health hazards. Similarly, Australia’s Fair Work Act of 2009 incorporates mental health provisions into its anti-harassment and anti-bullying policies.

According to a 2020 WHO survey, 16.4 percent of