BANGLADESH LABOUR LAW 2006-(RMG SECTOR)

Table of Contents
Page No. PART 1: WORKING CONDITIONS ..........................................................................................1 1.1 WAGES...............................................................................................................................4 1.1.1 Definition ................................................................................................................. 4 1.1.2 Persons responsible for the payment of wages ........................................................ 5 1.1.3 Fixation of wage periods and time of payment of wages ......................................... 5 1.1.4 Deductions from the wages ...................................................................................... 6 1.1.5 Grievance procedure in case of illegal deductions or delay in payment ................. 6 1.2 WORKING HOURS AND LEAVES ...............................................................................8 1.2.1 Daily hours............................................................................................................... 8 1.2.2 Interval for rest and meal* ...................................................................................... 8 1.2.3 Weekly hours** ........................................................................................................ 8 1.2.4 Weekly Holiday*** .................................................................................................. 8 1.3 PAID ANNUAL LEAVE ...................................................................................................9 1.3.1 Annual leave with wage ........................................................................................... 9 1.3.2 Festival holiday* ...................................................................................................... 9 Casual leave ............................................................................................................. 9 1.3.3 1.3.4 Sick leave ** ............................................................................................................ 9 Changes in the present law: ................................................................................................... 10 1.4 EMPLOYMENT OF FEMALE .....................................................................................10 Provisions of the new labour law:...............................................................................................10 MATERNITY BENEFITS ..............................................................................................10 1.5 1.5.1 Maternity leave ...................................................................................................... 10 Procedure of payment of the maternity benefit ...................................................... 11 1.5.2 1.5.3 Amount of the Maternity Benefits .......................................................................... 11 1.5.4 Benefits in case of the death of mother**** .......................................................... 11 1.6 EMPLOYMENT OF ADOLESCENT ...........................................................................12 1.6.1 Prohibition of employment of children and adolescent ......................................... 12 1.6.2 Certificate of fitness ............................................................................................... 12 1.6.3 Working hours of adolescent ................................................................................. 13 1.6.4 Restriction of appointment of adolescent in certain work ..................................... 13 PART 2: EMPLOYMENT ..........................................................................................................14 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 Forced labour ............................................................................................................ 14 Discrimination ........................................................................................................... 15 Service rules ............................................................................................................... 15 Appointment Letter and ID Card ............................................................................... 15 Service book ............................................................................................................... 16 Classification of workers ........................................................................................... 16 Probationary period................................................................................................... 17 Calculation of continuous service .............................................................................. 18 Payment of wages for un-availed leave* ................................................................... 18 Death benefit** .......................................................................................................... 20 Stoppage of work........................................................................................................ 20 Right of laid off workers* .......................................................................................... 21 Retrenchment** ......................................................................................................... 21 Discharge ................................................................................................................... 22

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2.15 2.16 3.1

Dismissal .................................................................................................................... 22 Termination ................................................................................................................ 23

PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE....................................24 SAFETY ............................................................................................................................24 3.1.1 Fire ......................................................................................................................... 24 3.1.2 Floors, stairs and means of access ........................................................................ 24 Excessive Weights .................................................................................................. 25 3.1.3 3.1.4 Safety of building and machineries ........................................................................ 25 3.1.5 Fencing of machinery* .......................................................................................... 25 3.1.6 Work on or near machinery on motion* ................................................................ 26 Explosive or inflammable dust or gas** ................................................................ 26 3.1.7 3.1.8 Precautions against dangerous fumes* ................................................................. 27 3.1.9 Personal protective equipment .............................................................................. 28 3.1.10 Risk assessment and prevention ............................................................................ 28 3.2 WELFARE .......................................................................................................................30 3.2.1 First aid appliances ............................................................................................... 30 3.2.2 Washing facilities ................................................................................................... 30 3.2.3 Canteens ................................................................................................................. 31 Shelters/ rest rooms and lunch rooms.................................................................... 31 3.2.4 3.2.5 Rooms for children*............................................................................................... 32 3.3 HEALTH AND HYGIENE .............................................................................................32 3.3.1 Cleanliness ............................................................................................................. 32 3.3.2 Drinking water ...................................................................................................... 33 Overcrowding ....................................................................................................... 33 3.3.3 3.3.4 Lighting .................................................................................................................. 34 3.3.5 Latrines and urinals ............................................................................................... 34 3.3.6 Dust bins and spittoons .......................................................................................... 35 PART 4: INDUSTRIAL RELATIONS......................................................................................36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 Unfair Labour Practices from the Part of the Employers ...........................................36 Unfair Labour Practices from the Part of the Workmen ............................................37 Determination of the Collective Bargaining Agent (CBA) ...........................................37 The Right of the Collective Bargaining Agent ..............................................................39 Participation Committee .................................................................................................39 Functions of the Participation Committee*...................................................................40 Meetings of the Participation Committee ......................................................................40 Implementation of the Recommendation of the Participation Committee*...............41 Trade Unions ....................................................................................................................41 Application for Registration and Required Documents for Registration...................42 Industrial Dispute ............................................................................................................42 4.11.1Raising of Industrial Dispute ......................................................................................42 4.11.2Settlement of Industrial Dispute*................................................................................43 4.11.4Strike and Lock Out ....................................................................................................44

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Executive Summary:
1.

Prior to the promulgation of the Bangladesh Labor Law 2006, the total number of Acts and
Ordinances in this field was fifty, of which: • 15 were enacted during the British regime • 23 were enacted during the Pakistan regime, and • 12 were passed after the independence of Bangladesh In accordance with the ratified ILO conventions and with a view to creating a constructive environment, for the elimination of the imbalances that prevailed in the issues regarding development of congenial relations between workers and employers, information about existing labor and industrial laws were sought from concerned stakeholders, of both home and abroad . Increase of productivity, the enhancement of favorable environment for investment, the acceleration of industrialization in the context of the changed environment during the post independence period, were also studied. To meet the aforesaid demand, the government formed a National Labor Law Commission in 1992, with a view to enacting a modern, up dated and united labor law, headed by Justice Mohammad Abdul Quddus Chowdhury, along with 37 other members representing every concerned quarter. After two years of exhaustive study, the Commission submitted its report along with a draft of the unified modern and updated labor law in 1994. Subsequently, the draft was reviewed by ILO and numerous Employers and Workers Associations and other human rights organizations in phases for the last twelve years, and at last it was promulgated on the 11th of October 2006 as “Bangladesh Labor Law 2006” under the consensus of all the parties concerned. The salient features of the newly promulgated law are as follows: • One single modern updated code instead of the 25 scattered Acts and Ordinances • There are 354 sections in 21 different chapters in the Law • The scope and applicability of the law has been extended and definitions of different terms have been clarified. Ambiguity regarding the age limit of a child has been eliminated. According to this law any person below the age of 14 shall be treated as a child. • The issuance of an appointment letter and the Identity card for a worker has been made compulsory. • Death benefits have been provided for even cases of normal deaths or in cases of any deaths due to causes other than accidents during the continuance of the service. • The usual retirement age has been scheduled at 57 and at that time the worker shall be entitled to get all the benefits as are applicable under this law. Even the case of a workers’ voluntary retirement, after his continuous service of 25 years

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with his employer, is also a subject which will come under this retirement benefit. Child labor is prohibited even in non‐hazardous regular work in an establishment. Appointment of adolescent and female workers is prohibited during the nights and in dangerous occupations. Maternity benefits have been increased to 16 weeks and the qualifying service length has been decreased to six months, but this benefit is limited only up to the birth of two living infants. Special importance is given on occupational health and safety and working environment. There are 78 sections exclusively on it out of a total of 354 sections in the law. Maintenance and preservation of safety record books and introduction of group insurances have been provided for. Time limits for payment of wages have been determined and a provision has been made to realize the unpaid wages through the court. Provisions have been made for the declaration of sector wise minimum wage rates after an interval of every five years. Amount of compensations in cases of death or injury because of accidents at the workplace has been increased. For deaths, the amount of compensation has been ascertained at Taka. 100000.00 per worker and for a permanent total disability, the amount fixed is Taka 125000.00 per worker. In case of an accident that may happen due to employer’s negligence, the compensation amount shall be double. No one, other than those in the pay‐roll of the employer, shall be the member or officer of an establishment based basic trade union. The purview of unfair labor practices on the part of the workers, employers or the trade unions has been extended. Determination of CBA from amongst the establishment based basic trade unions has been made easier and the period of such determination has been fixed within a time frame of 120 days. Industrial or craft Federations of trade unions, under certain conditions, have been given the jurisdiction to act as CBA Provisions have been made to form compulsorily participation committees in every establishment where 50 or more permanent workers are engaged. Labor courts shall be the only courts to adjudicate all issues under labor law and all appeals shall lie to the labor appellate tribunal Time has been fixed for the adjudication of each and every stage of the cases in the labor court to accelerate the procedure Only the workers employed in an establishment, irrespective of their designation and wage scale are entitled to get the benefits of the participation fund and the welfare fund developed out of the profit of the company. Provisions for provident funds have been made for the establishments run under the private management

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The punishments for the breach of the provisions of the labor law have been revised appropriately. Imprisonment has also been provided for along with fines • A provision has been made to form a “National Industrial health and safety council” to enact the national policy to ensure the occupational health and safety at the enterprise level. • Provision has been made for the strict implementation of the “Equal pay for equal amount of work” policy of ILO convention • Any discrimination or indecent behavior towards female workers has been prohibited under the new law. • Sick Leave: 14 days sick leave with full average wages have been provided, in the new Labor Law. In previous laws sick leaves were paid for half average wages. • Annual leave with wages: For adults one day for every 18 (eighteen) days of work performed by him/her during the previous period of twelve months. And for adolescents one day for every 15 days of work performed by him/her during the previous period of 12 months. • Festival Leave: Every worker shall be entitled to eleven days festival leaves in a calendar year. The Employer shall fix the days and dates of such leaves. • Children Room: A children room for every 40 female workers having their children below the age of 6 years have been provided by the law. Previously it was provided for every 50 female workers. • Termination of employment by the worker: A permanent worker may terminate the employment serving a 30 days notice to the employer and a temporary worker may terminate it serving a notice of 30 and 14 days case wise. In lieu of the notice, the worker can even terminate the employment returning the wages for that period. • Grievance Procedure: Limitation for the application of grievance has been extended to a period of 30 days, though previously it was 15 days only. • Fitness certificate: Previously a fitness certificate was issued by the District civil surgeon but now it is to be issued by any registered physician at the cost of the employers. • Training on the labor law: Arrangements for training on law was never provided for but now in this new law, training arrangement is made compulsory for the laborers. The worker participating in the training program shall be deemed to be in his or her official duty during continuance of such training. This unified law is applicable with equal force to all the industrial and commercial establishment as previous Shops and Establishment Act‐1965 and other labour laws has been abrogated by the promulgation of this new labour code.

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PART 1: WORKING CONDITIONS
1.1 1.1.1 WAGES Definition

Provisions of the new labour law: Chapter 10 of the new labour law deals with the provisions related to the wages of the labour. Wages include the following items as per section 120 of the new labour law: Any bonus payable or any other additional wages as per the terms and conditions of the employment; Any remuneration payable during leave, holiday and overtime; Any amount payable against the order of the court or against the award of arbitrator; Any amount payable to the worker against out of the contract between the owner and the worker after the employment is expired by dismissal, discharge, retrenchment, or termination; Any amount payable due to lay off or temporary suspension. The new law has also provided a list of exclusion in section 2(45) to exclude the following accounts head from the term wages: • Expense of housing facilities like lighting facilities, water supply, medical or any other facilities; • Owners’ contribution to the provident fund of the worker; • Traveling allowances or concessions thereof; • Any other sum paid to worker to cover any special expenses entailed to her/him by the nature of the employment. But, as per different decisions of the courts of Bangladesh, the following items are also treated as part of the wages of a worker: Any amount payable to the worker by the order of the court or the award of the arbitrator shall be treated as the wages; Overtime allowance shall be treated as wages; Compensation on retrenchment (on ground of redundancy) shall be treated as wages; Allowance during lay-off or temporary suspension shall be treated as wages; Increment shall be treated as wages; Compensation at the expiry of the employment by any means like dismissal, discharge or otherwise shall be treated as wages; Gratuity on discharge or any other gratuity shall be treated as wages; House rent allowances shall be treated as wages;

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Wages during leaves or holidays shall be treated as wages. Changes in the present law: 1. Previous law excluded the gratuity on discharge from the wages of a worker but the new law includes it as part of the wages. 2. The word “gratuity” was never defined anywhere in the earlier labour law but the new law defines it properly in section 2 (10) where it is defined as the amount of the wages of at least 30 days payable to a worker who worked in a factory not less than 6 months at the expiry of her/his employment. 3. Previous law provided only the exclusion list with the definition of the wages but the present law provides both the inclusion and exclusion lists to make a complete sense. 4. Provident fund is considered to be the wages and is payable within 30 days of the expiry of the employment. 1.1.2 Persons responsible for the payment of wages

Provisions of the new labour law: Under the new law the following persons shall be responsible for the payment of the wages of the worker. Owner of the factory; Chief Executive Officer (CEO) of the company; Manager/person assigned responsibility by the company; The Contractor, for payment to workers appointed by the Contractor. Changes in the present law: In case of the failure of the contractor to pay the wages to the worker, the principal owner shall pay the same and subsequently it can be adjusted with the accounts of the contractor. 1.1.3 Fixation of wage periods and time of payment of wages

Provisions of the new labour law: The person responsible for the payment of wages of the worker shall fix a period of wages and accordingly pay it as per the time given in the law. Section 122 guides the paymaster to fix a period not exceeding 30 days and section 123 provides that payment shall be made within seven working days of the expiry of a wage period. Changes in the present law: There is a big change. In previous law, where there is less than 1000 workers employed, the employer had to pay before the expiry of the 7th day from the end of the wage period and in the railway or any other factory or industry , the employer had to pay before the expiry of the 10th day from the end of the wage period.

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1.1.4

Deductions from the wages

Provisions of the new labour law: Section 125 of the labour law 2006 deals with the deductions made from the wages of the workers. Following are the deductions valid under the present law: 1. Fines under section 25 (section 25, however, states that no fine shall be allowed more than one-tenth of the total wages receivables by a worker in a particular wage period and no fine for a worker aged below 15); 2. Deductions for absence from duty; 3. Deduction for damage or loss of goods entrusted upon the worker in her/his custody; 4. Deduction for house accommodation supplied by the employer; 5. Deduction for such amenities or services supplied by the employer as the government has authorized; 6. Deduction for recovery of advances or for adjustment of overpayments; 7. Deduction for Income tax payable by the worker; 8. Deduction for subscription to and for repayment of advances from the provident fund 9. Deduction for the payment to the co-operative societies approved by the government. Up to these 9 points the new law remains exactly the same as section 7 of the earlier Payment of Wages Act 1936, but the new law added more deductions like the following: Deductions for the subscription of CBA Union in check-off method; Deduction for any welfare fund formed by the employer and authorized by the Government. 1.1.5 Grievance procedure in case of illegal deductions or delay in payment Provisions of the new labour law: Application by the worker her/himself or her/his successor in case of her/his death; Application to the labour court only; Application within 12 months from the date of such illegal deduction or the date of the payment being due, but the court can take it even after the expiry of the said period; Up to 25% as compensation on the wages due at that time may be ordered; No court fee is payable by the aggrieved worker; rather, if the worker wins the case it is the owner who shall reimburse the payable court fees; Single application on behalf of all the workers so aggrieved.

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Changes in the present Law: At present, the Chairman of the Labour Courts is only eligible to hear the cases; Previously, the limitation period was only six months, now it is twelve months.

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1.2 1.2.1

WORKING HOURS AND LEAVES Daily hours

Provisions of the new labour code: Section 100 makes a provision of 8 working hours a day for an adult worker, but an adult worker may work 10 hours a day provided all the conditions of section 108 have been fulfilled. According to that section, the employer is required to pay the worker, overtime, double the rate of her/his usual wages. i.e. basic & dearness allowance, if any. The employer is also required to maintain an overtime register as per the law. Changes in the present law: Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day 1.2.2 Interval for rest and meal* Provisions of the new labour code: Interval for rest is provided in the following manner: 1. One hour interval for rest or meal for six hours of work; 2. Half an hour interval for rest or meal for 5 hours of work. Changes in the present law: No change has been made. 1.2.3 Weekly hours**

Provisions of the new labour code: The new law makes a provision of total 48 (forty eight) working hours for a worker, but it can be extended up to sixty hours, subject to the payment of overtime allowances as per section 108 of the law. However, an average of 56 working hours per week in a year for a labour must not be exceeded under any circumstances. But the new law makes a provision for exemption approved by the government if it thinks so fit. Changes in present law: Exemption clause has been inserted in the new law, by which the government is empowered to exempt any of the factories for the purpose of this rule for a maximum period of six months at a time. 1.2.4 Weekly Holiday*** Provisions of the new labour code: Section 103 of the new labour code makes the provision of one day weekly holiday for all the workers employed in a factory.

* Section 101 of the Labour Law, 2006 ** Section 102 of the Labour Law, 2006 *** Section 103 of the Labour Law, 2006

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Changes in the new law: No change. 1.3 1.3.1 PAID ANNUAL LEAVE Annual leave with wage

Provisions of the new labour law: Section 117 of the new labour law deals with the provisions for annual leave with wages. The section provides as follows: 1) Each worker, who has completed one year of continuous service in a factory, shall be allowed during the subsequent period of twelve months’ leave with wages for a number of days calculated at the rate of i) for adult workers, one day for every 18 (eighteen) days of work performed by her/him during the previous twelve months; ii) For adolescent worker, one day for every 15 (fifteen) days of work performed by her/him during the previous twelve months. 2) An adult worker shall cease to earn any such leave when the leave due to her/him amounts to 40 (forty) days and an adolescent worker shall cease to earn the said leave when the leave due to her/him amounts to 60 (sixty) days. 1.3.2 Festival holiday*

Provisions of the new labour law: 1) Every worker shall be entitled to eleven days festival-leave for every calendar year. The employer shall, at the beginning of the year, fix the day and date of such leaves. 2) The employer may require any worker to work on a festival holiday provided that two days additional compensatory holidays with full pay and one alternative holiday should be given to her/him under section 103. Changes in the present law: Festival holiday has been increased by a day in the new labour law 2006. 1.3.3 Casual leave

Provisions of the new labour law: Section 115 of the new labour law deals with the provisions for casual leave of a worker. It makes a provision for 10 days casual leave with full wages. 1.3.4 Sick leave **

Provisions of the new labour law:

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* ** Section 118 of the Labour Law, 2006 Section 116 of the Labour Law, 2006

All workers employed in a factory shall be entitled to get 14 (fourteen) days sick leave with full average wages. Provided, such a leave shall not be granted unless a Registered Physician employed by the employer or any other Registered Physician has certified her/his illness. Changes in the present law: Earlier laws provided for the same period of leave with half average wages, whereas, the new law makes provisions for the sick leave to be one with full average wages. The requirement for certification by a Registered Physician does not exist in the earlier laws. However, it has been added to the new law. 1.4 EMPLOYMENT OF FEMALE

Provisions of the new labour law: There are a number of sections where the employment and protection of women have been discussed. The sections are 45, 50, 79, 87, 94, 109, 332 and 345 of the new labour law, 2006. Night-shift work of female workers: Section 109 of the labour law, 2006 creates a bar on the night works of the female workers. The section states as follows: “No female worker shall be engaged for work in any establishment without her consent between 10 pm and 6 am”. 1.5 1.5.1 MATERNITY BENEFITS Maternity leave

Provisions of the new labour code: In section 46 of the new labour law 2006 provisions have been created for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery). But the law also makes a provision that no worker shall be entitled to receive the benefit unless she has served under the owner for a minimum period of six months prior to the notice of the probability of the delivery. Provisions of the previous labour laws: Section 3 of the Maternity Benefits Act, 1939 provides maternity leave of 12 weeks (6 weeks before and 6 weeks after the delivery). Changes in present law: The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases the duration of the qualifying service period - for availing the benefit - to six months from 9 months. Also, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children.

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1.5.2

Procedure of payment of the maternity benefit

Provisions of the new labour code: Three options are open to the mothers as per section 47 of the new labour law: 1. The owner shall pay the total benefits payable for the preceding 8 weeks within 3 days from the submission of the certificate of the probability of delivery (childbirth) by a Registered Physician and shall pay the remaining amount after three working days of the submission of the proof-of-delivery. 2. The owner shall pay the benefits payable for the preceding 8 weeks including the day of the delivery within 3 days from the submission of the proof of delivery and pay the remaining within the next eight weeks after the proof of delivery is submitted 3. The owner shall pay all the benefits payable within 3 days from the submission of the proof-of-delivery to the owner. Provisions of the previous labour laws: Previously the procedure was guided by the Maternity Benefits Act. 1939. Section 5 of the aforesaid Act provided more stringent payment procedure as there was the provision of payment within 48 hours after the certificate from any physician was submitted, whether there remains any working day or not. Changes in the present law: Changes have been made in favor of the management, as the management is required to pay the benefit within three working days. As per the earlier law, it was binding upon the management to pay the benefit within 48 hours only. 1.5.3 Amount of the Maternity Benefits Provisions of the new labour code: As per sections 48 of the new labour code there is a provision of the payment in terms of daily, weekly or monthly, as and where applicable, average wages. The section also provides the formulae for the calculation of the aforesaid average wages as follows: DAW* or WAW** or MAW*** = The total amount received by the worker during the immediate preceding three months / Total actual working days during that period. Changes brought by the new law: No change has been made. 1.5.4 Benefits in case of the death of mother****

Provisions of the new labour code: The person nominated by the mother who died, or in the case where no such person is nominated, her legal representative, shall be entitled to receive the benefits as described above. Changes brought by the new law: No change has been made.
* ** *** **** Daily Average Wages Weekly Average Wages Monthly Average Wages Section 49 of the Labour Law, 2006

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1.6 1.6.1

EMPLOYMENT OF ADOLESCENT Prohibition of employment of children and adolescent

Provisions of the new labour law: Section 34 of the new labour law creates a bar on the appointment of children in any establishment. The section states as follows: • No child shall be required or allowed to work in any factory. • Adolescent workers to carry token: An adolescent who has completed fourteen years of age shall not be required or allowed to work in a factory unless: 1. A certificate of fitness granted to her/him under section 68 is in the custody of the manager of the factory; 2. Such adolescent carries a token - giving a reference to such certificate while he is at work; 3. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational training; 4. If the Government considers appropriate, it may as well waive the enforcement of the pre-conditions of the employment of an adolescent for a particular period. Child : In the present law child means a person who has not yet completed his fourteen years of age. Adolescent: Adolescent means a person who has completed her/his fourteen years but has not completed her/his eighteen years of age. Changes in the present law: In the earlier laws, the term “child” was used to mean a person who had not completed 16 years of age and the term “Young Person” was used to mean and include both the child and adolescent. Under the earlier law, even a child could have obtained a fitness certificate to get a job in a factory. But in the new law, child means a person who has completed her/his fourteen years of age and adolescent means the person who has completed sixteen years and has not completed eighteen years of age. The present law specifically prohibits employment of children and makes a provision for fitness certificates for the adolescent only. Exception : A child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education. Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. (as per section 44) 1.6.2 Certificate of fitness Provisions of the new labour law: Section 37 of the new labour law requires an adolescent to obtain a fitness certificate to be employed in any occupation or in a factory. • A registered medical practitioner shall, on the application of an adolescent or her/his parent or guardian accompanied by a document signed by the manager of a factory that 12

such person will be employed therein if certified to be fit for the work he or she has proposed to be employed for, issue a certificate of fitness. • • Such certificate shall be valid only for the subsequent 12 months. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents or guardians of the worker.

1.6.3 Working hours of adolescent Provisions of the new labour law: Section 41 of the new labour law deals with provisions relating to the working hours of the adolescent. As per the section following points are important and relevant for the RMG industry. • • • • No adolescent shall be allowed or required to work 5 hours a day and 30 hours a week No adolescent shall be allowed or required to work between the hours from 7 pm to 7 am In every factory, the work of an adolescent shall be limited up to two shifts and no such shift shall be more than 7 and a half hours An adolescent can only be appointed in a single relay and such relay shall be changed only with the prior approval of the inspector for once in a month. Restriction of appointment of adolescent in certain work

1.6.4

Provisions of the new labour law: Section 39, 40 and 42 of the new labour law reports some activities for which the employment of the adolescent is strictly prohibited. As per the above mentioned sections, the employment of the adolescent are strictly restricted for the following activities: • • • • Cleaning of the machinery while it is in motion. Lubrication or for other adjustment operation of the machinery while it is in motion. Any work in-between the moving parts of a machine. Any work under ground or under water.

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PART 2: EMPLOYMENT

2.1 Employer Definition in New Labour Law: The Term Employer is defined in section 2, Subsection (XLIX), previously the term was defined in different law for different purposes like for payment of wages, for Employment, for Factories and for Shops and establishment. But the new law provides a single definition to cover all the purposes. As per the above section any person in relation to an establishment who employs workers therein and includes: • An heir, Successor, Assignees, Guardian or legal representative of such persons • Manager or the person responsible for the management and control of the establishment • The authority appointed by the government or the head of the Ministry or division concerned for the State owned establishment • Officer appointed for the purposes or where no such authority is appointed the CEO of the Local authority for the establishment run by the local authority. • For any other establishment, the Owner of the establishment and every director, Manager, Secretary or the agent of such persons • The person in occupation of the establishment or the person in ultimate control of the establishment

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Forced labour

Provisions of the new labour law: Forced labour is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh. Therefore, any Law approving forced labour is Void ab initio as per the constitutional framework of legislation in Bangladesh. Article 34 of the Constitution of the Peoples Republic of Bangladesh stated as follows: ----“All forms of Forced Labour are prohibited and any contravention of this provision shall be an offence and shall be punishable in accordance with the Law” Again, the two ILO fundamental rights Conventions (nos. 29 and 105) also addresses the abolition of forced labour, and Bangladesh has ratified these two conventions long time ago. But, this constitutional guideline is still ignored in the new Labour Law as the Law has not defined the word forced labour in it and has not provided for the punishment and procedure thereof. 14

Therefore, forcing the worker to work in a factory for days together continuously by the factory owners against their intention should be strictly prohibited and law should address this issue as per our Constitution and ratified ILO Conventions. 2.3 Discrimination

Provisions of the new labour law: Any discriminatory behavior on the basis of sex, color and creed is totally prohibited in any law in Bangladesh. Articles 27 and 28 have provided a guideline to the legislator to make the discrimination free environment in every walk of national life. Section 345 of the new labour law is, however, noteworthy in this connection. The section is stated as follows: “In determination of the wages for a worker or in fixation of the minimum wages equality irrespective of the sex of the worker, shall be maintained. No discrimination in this regard shall be tolerated by law”. Article 27 of the Constitution is stated as follows: ----“All citizens are equal before Law and are entitled to equal protection of Law” Article 28 of the Constitution is stated as follows: ----“The State shall not discriminate against any citizen on the grounds of religion, race, caste, sex or place of birth.” Therefore, discrimination on the grounds of any of the above issues is prohibited in the country. 2.4 Service rules

Provisions of the new labour code: Section 3 of the new labour law allows an industrial establishment to make a service rule pursuant to the labour laws of the land. Provisions of the previous labour laws: Section 3 of the Employment of Labour (Standing Orders) Act, 1965 has the same provisions as above. Changes brought by the new law: No change has been made. Comments: Framing of the service rules by an employer is not mandatory, but if these are made, they must comply with the relevant laws. 2.5 Appointment Letter and ID Card

Provisions of the new labour code: Section 5 of the new “Labour Law 2006” provides that each and every worker should be given appointment letter and ID card by their employer free of charge. 15

Provisions of the previous labour laws: Previously there was no such law. Only the Newspaper Employees (Conditions of Services) Act, 1974 and The Road Transport Workers Ordinance of 1983 made the provision of the appointment letter for their employees. Comments: Rules are yet to-be-made to provide with a form of the appointment letter or ID card but from the earlier two Laws the following should be there in the appointment letter: employee’s name, father’s name, mother’s name, spouse’s name and address, date of appointment, type of employment and conditions of the employment. 2.6 Service book

Provisions of the new labour code: The law provides for a separate section i.e. Section 8 of the law for the entries of the service book of a labour. As per the section following entries shall be there in the service book of a labourer: • • • • • • • • • Employee’s name, spouse’s name , mother’s and father’s name and address Date of birth Mark of recognition Previous owner and her/his address if applicable Duration of the employment Occupation or designation Wages and allowances Leaves availed Conduct of the worker

Provisions of the previous labour laws: Employment of Labour (Standing Orders) Act 1965 does not provide any provisions related to this. Only the provisions for the maintenance of the service book were available in the Employment (Record of Services) Act 1952 and Employment (Record of Services) Rules 1957. Changes brought by the new law: No significant changes are there in the provisions for the service book in the new law. But the new law makes it mandatory for the service book to be signed by both the worker and the employer. The law provides for a list of information to be maintained in the service book of each labour. 2.7 Classification of workers

Provision of the new labour code: Section 4 of the new labour code of 2006 classifies the workers into following classes:

16

a) b) c) d) e) f)

Apprentices Badlies (transfer workers) Casuals Temporary Probationer and Permanent

These terms of classification have been properly defined in the present legislation Apprentice: A worker who is appointed in an establishment as a trainee and during the period of training he is paid an allowance is called an apprentice. Badlies (transfer workers): A worker who is employed for the period of absence of a permanent or probationer worker. Casual: A worker who is employed on casual basis. Temporary: A worker who is employed purely for a temporary nature of work. Probationer: A worker who is employed on probation for a fix time with a view to fill up a permanent vacancy. Permanent: A worker who is employed to fill up a permanent post or when a probationer completes her/his probation period in an establishment. 2.8 Probationary period

Provisions of the new labour law: Period of probation: • Six months for the worker employed in clerical activities • Three months for other workers. • If the employment of a probationer expires during the probation and if the same person is re-employed under the same employer within next three years of such employment shall be treated as a probationer and the previous period of probation shall be calculated with in new period. • If a permanent worker starts a new job as a probationer, then during that period of probation he can be shifted to her/his permanent post during the subsequent period of probation. Changes in the present law:

17

There is no change in the classification of labour. But in the calculation of the period of probation, the earlier laws included all the leaves and strikes and lockouts during that period which the new law has ignored and refrained from specific provisions in this regard. 2.9 Calculation of continuous service

Provisions of the new labour law: Section 14 of the new labour law provides for the method of the calculation of the continuous service period of a labour for the purpose of this law in the following manner: • If the actual number of the working days of a worker is 240 during the previous twelve calendar months he or she shall be deemed to be worked for a continuous period of one year. • If the actual number of the working days in the previous twelve calendar months is 120 days s/he shall be deemed to be employed there for a continuous period of six months. For counting continuous service, the following issues will come under consideration: • • • • Days the worker was laid off; Days of leave with or without wages due to accident or illness; Non-working days due to legal strike or illegal lock out; Days on maternity leave for a female worker.

Changes in the present law: No significant change has been noticed in this purpose except for the inclusion of the number of days’ not-working due to legal strike or illegal lockout. And for calculation of six months of continuous employment the number of actual working days is 120, which was previously 140. 2.10 Payment of wages for un-availed leave*

Provisions of the new labour law: In case of the expiry of the specific employment of any worker by way of discharge, dismissal, termination, retrenchment or retirement, if there remains any un-availed leave of the aforesaid worker, he or she shall be entitled to get the wages of those days so un-availed. Changes in the present law: Actually this was also in previous law under section 5 (4) of SO Act 1965 .

*

Section 11 of Labour Law, 2006

18

2.11 Provident Funds for workers: Provisions of the new labour law Section 264 of the Labor Law 2006, provided for an establishment of a Provident Fund if so demanded by the three fourths of the total workers employed in a factory. The section also provided for the following: 1. It may constitute for the benefits of the worker in the private sector. 2. Such provident fund shall be constituted prescribed by the rules. 3. The Government may make rules for constitution of provident fund. 4. Such Provident Fund shall be held and administered by a Board of Trustee. 5. Such Board of Trustee shall consist of an equal number of representatives of the employer and workers employed in the establishment, and a person nominated by the Government shall be its Chairman. 6. Representative will be nominated by the employer and collective bargaining agent. 7. The above nomination shall be under the supervision of the Director of Labour. 8. All the representatives shall hold office for a period of two years. 9. A permanent worker shall subscribe to the fund not less than seven percent and not more than eight percent from his basic wage unless otherwise mutually agreed. 10. In the case of provident fund one fourth of total workers will claim in writing to their employer. 11. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period. 12. At least half of the total accumulations shall be invested for the purpose of any of the following, namely: a) I.C.B. Mutual Fund Certificates. b) I.C. B. Unit certificates and c) Government securities including Defence and Postal Saving Certificates 13. The cost of maintenance shall be borne by the employer. 14. The accounts of provident fund shall be audited. 15. A statement of account together with audit report shall be forwarded to the director of Labour within one month of the submission of audit report. 16. Where the government is satisfied, he may by order exempt the establishment from the operation of this section. 17. A provident fund shall be deemed to be a public institution for the purposes of the Provident Funds Act, 1925 (XXIX of 1925). 18. Establishment in private sector means an establishment which is not managed directly by the Government.

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2.12

Death benefit**

Provisions of the new labour law: If any worker died after completing 3 (three) years continuous service with an employer, the worker shall be entitled to get benefits for 30-days’ wages for each completed year or service, or six-months thereof, or gratuity, whichever is higher. The worker shall get this benefit in addition to her/his other emoluments during the retirement. Changes in the present law: This is also a new addition to the labour law as previously no labour law has provided for the death benefit except for the Wage Board award for the Newspaper worker. 2.13 Stoppage of work

Provisions of the new labour law: Section 12 of the new labour law deals with the stoppage of work by the employer. As per the above-mentioned section following are the points to be noted: a) In the event of fire, other catastrophes, breakdown of machinery, epidemics, or civil commotion, or any other circumstance beyond her/his control, the employer can stop the work of a section or sections of her/his factory. b) In the event of such stoppage occurring at any time beyond working hours, the employer shall by issuing a notice in the notice board of the factory inform the labourers as and when to resume the work and whether the worker is to be present at that specific place at that time. c) The notice also mentioned that those who are ordered to be so present, and if their presence is required for an hour only, then they may not be entitled to get any benefit.

**

Section 19 of Labour Law, 2006

20

2.14

Right of laid off workers*

Provisions of the new labour law: Lay off: Failure, refusal or inability of an employer, on account of shortage of coal, power or raw material or the accumulation of stock or break down of machinery or for any other reason, to continue the employment to workers whose names are brought to the muster-roll of the factory. Any worker, whose name is there in the muster-roll of the factory and who has completed a continuous period of one year service, if laid off, shall be entitled to get the benefits of compensation for all the days except for the weekly holidays. A badli (transfer) worker whose name is brought in the muster roll shall not be treated as badli for the purpose of the compensation under this chapter. • • • • Compensation during lay off = (Total basic + dearness allowance + ad hoc wages)/2 + the house rent he or she would get if not so laid off. No worker shall get the compensation for more than 45 days in a calendar year of lay off If any worker is laid off for 15 days or more after the first 45 days of lay off in a single calendar year the employer can retrench the worker instead of lay her/him off. But, if the lay off extends beyond that 45 days up to a period of 15 more days, then the labour so laid-off shall be entitled to get benefits at the following rate: Compensation during lay-off beyond 45 days = (Total basic + dearness allowance + ad hoc wages)/4 + the house rent he or she would get if not so laid-off. Retrenchment**

2.15

Provisions of the new labour law: Retrenchment means the expiry of the employment of a worker on the ground of redundancy. For retrenchment, an employer has to follow the following provision of the new labour law: No worker, employed in any shop or commercial or industrial establishment, who has been in continuous service for not less than one year under an employer shall be retrenched by the employer, unless (a) The worker has been given one month’s notice in writing, indicating the reasons for retrenchment or the worker has been paid in lieu of such notice, wages for the period of notice; (b) A copy of the notice in respect of the retrenchment has been sent to the Chief Inspector or any other officer authorized by her/him; and (c) He has been paid, at the time of retrenchment, compensation which shall be equivalent to thirty days’ wages for every completed year of service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher.
* ** Section 16 of Labour Law, 2006 Section 20 of Labour Law, 2006

21

2.16

Discharge

Provisions of the new labour law: Discharge means the expiry of the employment of a worker on the ground of inability or incapacity because of ill health. Section 22 of the new labour code deals with the procedure of discharge. As per the section an employer can discharge a worker on the basis of the report of a Registered Physician. Compensation in case of discharge: Every worker who has completed a continuous service for one year shall be entitled to get a benefit of 30 days wages for every completed year of service or the gratuity, whichever is higher. 2.17 Dismissal

Provisions of the new labour law: Section 23 of the new labour law deals with the dismissal of the worker on the ground of misconduct and conviction. The section makes room for the employer to dismiss a worker without serving her/him a notice or the payment in lieu thereof for the following two grounds: If the worker is convicted by any criminal court If her/his misconduct is proved under section 24 of the labour law 2006. Misconduct, as defined in that section, is: Willful insubordination, alone or in combination with others, to any lawful or reasonable order; Theft, fraud or dishonesty; Receiving or giving bribes; Habitual absence, without leave, for more than ten days; Habitual late-attendance; Habitual breach of any rule or law applicable to the establishment; Riotous or disorderly behavior; Habitual negligence or neglect of work; Frequent repetition of a work on which fine can be imposed; Resorting to illegal strike or go slow or instigating others to do so; Falsifying, tampering the official document of the employer.

22

Changes in the present law: The new law makes a provision of lighter punishment in case of the misconduct. Sub section 2 of section 23 says: Any worker, against whom misconduct has been charged and proved, may be punished by any of the following punishment other than dismissal from the job: Removal Demotion to lower grade; Withholding promotion for at least one year; Withholding increment for an year; Imposition of fine; Temporary suspension without wages; Censuring and warning; 2.18 Termination

Provisions of the new labour law: The employer can terminate a worker without assigning any reason whatsoever except for dismissal, etc. in the following manner as described in Section 26 of the new labour law 2006. For the permanent workers: 1. Serving 120 days notice to the workers employed on the monthly basis. 2. Serving 60 days notice to the other workers. For the temporary workers: 1. Serving 30 days notice to the workers employed on the monthly basis. 2. Serving 14 days notice to the other employees. Termination without any notice: The employer can even terminate the employment of a particular worker without any notice as described in the section above, if the employer pays the wages to the terminated worker for the aforesaid period of notice. Compensation on termination of a permanent worker: When a permanent worker is terminated she or he shall be entitled to get a benefit of 30 days wage for every completed year of service in an establishment in addition to the other benefit payable to her/him.

23

PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE
3.1 3.1.1 SAFETY Fire

Present law with regards to fire: Section 62 deals with the provisions for measures to be taken by a factory to avoid dangers and damage due to fire. The section provides for the following: 1. At least one alternative exit with staircases connecting all the floors of the factory building as described in the rules for each and every factory. 2. No door affording exit can be locked or fastened during the working hours so that they can be easily or immediately opened from inside. 3. The doors affording exit must be open outwards, unless it is sliding in nature, if the door is between two rooms it must open in the direction of the nearest exit. 4. Marking in red letter in proper size, in the language understood by the majority of the workers, on such doors, windows or any alternative exit affording means of escape in case of fire. 5. There shall be an effective and clearly audible means of fire-warning system to every worker. 6. There shall be a free passage-way giving access to each means to escape. 7. Where more than ten workers are employed other than in the ground floor, there shall be a training for all the workers about the means of escape in case of fire. 8. There shall be at least one fire-extinction parade and escape-drill at least once a year in a factory where more than fifty workers are employed. Changes in the present law: • • The new law makes a provision of an alterative staircase affording means of escape connecting all the floors Fire extinguishing and escape parade shall be arranged at least once every year.

3.1.2

Floors, stairs and means of access

Provisions of the new labour law: Section 72 of the new labour law deals with the floors, stairs and means of access. The section states as follows:

24

1. All floors, staircases, and passages shall be of sound construction and properly maintained, and if it is necessary to ensure safety, hand-railings shall be provided with them. 2. Reasonable safe passageway or access shall be maintained in a place where employees work. 3. All the floors, passageways, and staircases shall be maintained in a neat and clean manner, wide enough, and free from any blockade.

3.1.3 Excessive Weights Provisions of the new labour law: Section 74 of the new labour code states that, no person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. 3.1.4 Safety of building and machineries

Provisions of the new labour law: Section 61 of the labour law 2006 provides for the measures to be taken as regards the safety measures related to building and machineries. The present law entrusts everything to be done in this regard with the Inspectors. The section goes as follows: 1. If it appears to an Inspector that any building or part thereof or any passageway or machine of the factory is in such a condition which is injurious for the life and health of the workers working therein, the Inspector may issue an order to the owner of the factory to take necessary steps immediately within the specified time therein. 2. If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of the worker, he shall issue an order to repair or alter that immediately failing which, to not run the factory unless and until the building is so repaired or replaced. Changes in present law: Earlier laws didn’t empower the Inspector to stop the operation of a factory in a risky building but the present law has given sufficient discretion on the part of the Inspectors to take necessary steps so as to ensure building security and the like. 3.1.5 Fencing of machinery* Provisions of the new labour law: 1. Factories are required to secure the following parts of machinery in order to ensure safety of the workers:

*

Section 63 of Labour Law, 2006

25

a. Every moving part of a prime mover and every fly wheel connected to a prime mover b. The head-race and tail-race of every water wheel and water turbine c. Any part of a stock-bar which projects beyond the head stock of a lathe d. Every part of an electric generator, transmission machinery and other dangerous part of any machinery. 2. Fencing must also be done on any other parts (in motion) that contains screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, toothed friction gearing, etc. The fencing is required to prevent these items from harming the workers coming in close contact to them. 3. The Government may exempt fencing of the aforesaid objects, if and only if certain other measures are adopted that will ensure safety of the workers. 4. The Government may prescribe such further precautions to fence certain other parts of the machineries which are not mentioned above for ensuring safety of the workers. 3.1.6 Work on or near machinery on motion*

Provisions of the new labour law: 1. In case of examining, adjusting and lubricating part of machinery in motion, it is required to employ a well-trained adult male worker. The worker must wear tight-fitted clothing while conducting such jobs and no other person will be allowed to work on behalf of him during his absence. 2. Women and adolescent are not allowed to do the above-mentioned tasks and they are not also entitled to work in places between fixed and moving parts of any machinery in motion. 3. The Government may prohibit the cleaning, lubricating and adjusting, of any machinery in motion, by any person. 3.1.7 Explosive or inflammable dust or gas**

Provisions of the new labour law: 1. The following practicable measures must be taken in factories to avoid explosions caused by inflammable dust, gas or vapour produced during the manufacturing process: a) Effective enclosure of the plant or machinery used in the process b) Removal or prevention of the accumulation of inflammable objects c) Proper enclosure of all possible sources of ignition.
* ** Section 64 of Labour Law, 2006 Section 78 of Labour Law, 2006

26

2. In case of the impossibility of placing a strong enclosure for the above-mentioned sources of inflammable objects, provisions of chokes, baffles, vent or other effective appliances have to be kept. 3. Enclosed parts of the plant that contain potentially explosive materials shall only be opened if certain required precautionary measures are met: a) Stop valves should be used to stop flow of gaseous objects in pipelines before working on any joint of that pipeline. b) Practicable measures should be taken to reduce pressure inside the pipeline before working on joints of that pipeline c) Entrance of inflammable gases or vapours, into the pipeline through the joints that are to be worked on, must be carefully prevented. 4. Operation that requires actions of heat, such as welding, brazing, soldering or cutting, shall not be conducted in a factory that contains or previously contained inflammable objects without taking appropriate safety measures. . 3.1.8 Precautions against dangerous fumes*

Provisions of the new labour law: 1. No person shall be allowed to enter potentially hazardous chambers, containing dangerous fumes, such as tank, vat, pit, pipe, flue or confined spaces if there is not any manhole of adequate size. 2. No portable light of voltage exceeding 24 volts shall be permitted to use inside places mentioned above. 3. No person shall be allowed to enter the places mentioned above until the following measures are taken: a. A certificate in writing has to be given by a competent person stating that the space is free from dangerous fumes and is fit for persons to enter. b. It has to be ensured that the worker wears a suitable breathing apparatus and a belt securely attached to a rope before going into any confined space. 4. No person shall be allowed to enter the places mentioned above for the purpose of working or making any examination before sufficiently cooling the places down by ventilation. 5. Suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready beside the confined space for instant use. Other workers must also be trained and proficient in the use of all such apparatus.

*

Section 77 of Labour Law, 2006

27

3.1.9

Personal protective equipment

Provisions of the new labour law: There are several sections in the new law where the personal protection of the worker has been discussed. Section 75 deals with the protection of eyes. Effective screens or suitable goggles shall be provided for the protection of person’s eye where there is a risk: Of injury to eyes from particles or fragments thrown off in the course of the processing To the eyes, by reason of exposure to excessive light or heat. Section 79 also makes a provision of personal protection, sub-section (d) and (e) stated as follows: (d) Providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on, and (e) Providing notice about the hazardous chemical to the workers.

3.1.10 Risk assessment and prevention Provisions of the new labour law: There are several sections in the new labour code regarding the assessment of risk and prevention thereof. Section 40 and 79 of the new labour law made provisions for the government to asses certain occupation. The sections state as follows: (a) The government shall, by notification in the official gazette, provide a list of the dangerous machines and risky operations for the adolescent workers (Section 40[3]) (b) The workers employed in such machines and/or operations shall be sufficiently trained and supervised (c) The Government shall identify and provide a list of dangerous operations (section 79)

3.1.11

Powers of inspectors on certain matters:

i) Power to require any measures as to the safety of building and machinery: • • • • The inspector may serve an order specifying the measures which should be adopted or an order prohibiting its use until it has been properly repaired. (s. 61) The Chief Inspector may permit the continued use of machine on such conditions for ensuring safety as he may think fit to impose. (s. 66) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory upon such conditions for ensuring safety as he may think fit to impose. (s. 69 (7)). The Inspector may serve on the employer an order in writing requiring him to furnish drawings, specifications and other particulars as may be necessary to determine whether 28

such buildings, ways, machinery or plant can be used safely and to carry out such tests as may be necessary to determine the strength or quality of nay specified parts and to inform the Inspectors of the results thereof. (s. 76).

ii) Power to require measures as to the precautions in case of fire: • The inspector may serve an order specifying the measures which should be adopted before a date specified in the order.( s.62 )

iii) Notice to be given to the Inspectors: • • • When any accident occurs in an establishment causing loss of life or bodily injury, the employer of the establishment shall give notice of the occurrence to the Inspector within two working days. ( s. 80) Where in an establishment any dangerous occurrence occurs whether causing any bodily injury or not the employer of the establishment shall send a notice to the Inspector within three working days. ( s. 81 ) Where any worker contacts any disease , the employer or the worker concerned or any person authorized by him shall send notice to the Inspector.( s. 82)

iv) Power to take samples: • • • • An Inspector may at any time take a sufficient sample of any substance used or intended to be used in the establishment such use being , in the opinion of him in contravention of the provisions of this Act or likely to cause bodily injury to the health of workers.( s.84 ) Where the Inspector takes such sample, he shall divide the sample into three portions and effectively seal and suitably mark them and shall permit the employer to add his own seal and mark thereon. If the Inspectors requires the employer shall provide the appliances for dividing, sealing and marking the sample. The inspector shall give one portion of the sample to the employer , send the second portion to a Government analyst and report thereon and retain the third portion for production to the Court.

v) Power of Inspectors in case of certain dangers; • If, it appears to the Inspectors that any establishment or any part thereof or with the control, management or direction thereof, is dangerous to human life or safety or defective, so as to threaten to the bodily injury of any person, he may give notice in writing to the employer in respect of which he considers the establishment or the thing or practice, to be dangerous or defective and require the same to be remedies within such time and in such manner as he may specify in the notice. The Inspector may, by order in writing direct the employer prohibiting the extraction or reduction of pillars in any part of such establishments. The Inspector may by an order in writing prohibit the employer if he thinks that there is urgent and immediate danger to the life.

• •

29

• • •

The employer if is aggrieved by the order may, within ten days of the receipt of the order , appeal against the same to the Chief Inspector who may confirm , modify or cancel the order. The inspector making an order report the same to the Government and shall inform the employer concerned that such report has been so made. The Chief Inspector shall report to the Government any order, except the order of cancellation passed by him and shall also inform the employer concerned that such report has been so made.

3.2 3.2.1

WELFARE First aid appliances

Provisions of the new labour code: Section 89 of the new labour law provided the following: 1. First Aid boxes or cupboard equipped with the contents prescribed by rules should be provided in every establishments 2. A well equipped first aid box or cabinet for every 150 labour 3. A person, who has to be always available in the factory, trained in first aid knowledge assigned for every first aid box 4. Notice regarding the availability of that person in every working room and a special badge issued for that person 5. An ambulance and a well-equipped dispensary for every 300 workers employed in a factory. Changes in present law: The facility of ambulance and dispensary has to be provided by the owners of the factories in which at least 300 workers are employed. Previously, this facility was required for factories with a minimum of 500 workers. 3.2.2 Washing facilities Provisions of the new labour code: Section 91 of Bangladesh Labour Law, 2006 provides for the washing facilities for workers in a factory. But the new law is exactly the same as the earlier Factories Act 1965. Rules regarding the washing facilities are yet to be made. The number of taps in the workplace was fixed in the earlier laws as per the following schedule: 1. One tap for every 15 worker who are coming into close contact of noxious substances

30

2. Workers who are not working with noxious substances shall be entitled to get the following facilities: Number of Taps 1 2 3 4 5 5+ 1 for every additional 50 or part thereof More than 500 11+1 for every additional 100 or part thereof 3. At least one gallons of water supply for each and every worker per day employed in a factory. Number of Workers 0-20 21-35 36-50 51-150 151-200 200-500

*

* Taken from Factory Rules, 1979.

3.2.3

Canteens

Provisions of the new labour code: Section 92 of the new labour law provides a canteen for every 100 workers as opposed to the earlier Factories Act which provided a canteen for every 250 workers.

Changes brought by the new law: Number of workers per canteen has been decreased to ensure better canteen facility. All other provisions related to the management and quality of the services and food in the canteen remains unchanged. 3.2.4 Shelters/ rest rooms and lunch rooms

Provisions of the new labour code: Section 93 of the new labour code makes a provision of a rest room for every 50 or more workers and a separate rest room for the female workers numbering over 25. But if the number of female workers is below 25 then the factory management shall manage a curtain in the same rest room to create a separate resting space for the female workers. Changes in present law:

31

Required minimum number of workers for a rest room has been decreased to 50 from 100 and a separate rest room provision for female workers came into being in the new law. 3.2.5 Rooms for children*

Provisions of the new labour code: The new law has made a provision of a children’s room for every 40 female workers with children below 6 years of age. The room is required to be of such an area so that it can provide 600 square centimeters (previously it was 20 sft) of space for each child and the minimum height of such room shall not be less than 360 centimeters. Changes in present law: Required minimum number of the female workers, with children below 6 years of age, has been decreased to 40 from 50, for a children’s room in a factory.

*

Section 94 of Labour Law, 2006

3.3 3.3.1

HEALTH AND HYGIENE Cleanliness

Provisions of the new labour law: Section 51 of the new labour law deals with the provisions of cleanliness. It is exactly the same as section 12 of the earlier Factories Act, 1965. The law provides for the following: 1. Every factory shall be kept clean and free from effluvia arising out of any drain, privy, or any other nuisance in the following manner: a) Accumulation of dirt and refuge shall be moved daily by sweeping from floors and benches of workrooms, staircases and passages; b) The floors of every work room shall be cleaned by washing at least once in a week using disinfectant; c) Effective drainage shall be provided and maintained where the floor is liable to become wet in course of any manufacturing process to such extent as is capable of drainage; d) All inside walls and partitions, all ceilings or tops of the rooms and walls, side and top of the passageways and staircase shall be-

32

repainted or re-varnished at least once in every five years from when they are painted or varnished cleaned at least once in every fourteen month where they are painted and varnished and have smooth impervious surfaces. kept whitewashed or color washed at least once in every fourteen months 2. A register shall be maintained in every factory for all the required activities as described in the clause (d) above. 3.3.2 Drinking water

Provisions of the new labour law: Section 58(1) of the new labour law provides for an effective arrangement of sufficient supply of wholesome drinking water conveniently located at suitable point for all workers. The section further provides for the following (2) The word “Drinking water” shall be legibly marked on the place; (3) Cooling the drinking water in a factory during the hot weather where more than 250 workers are employed; (4) Oral Re-hydration Therapy for the workers, working close to the machine producing excessive heat. Changes in the present law: A number of changes are there in the new legislation in this regard: • The Factories Act 1965 made a provision that the drinking water cannot be located in any place within 20 feet of distance of latrines, urinals, or washing-places, but the new law has directed for a place convenient to all. • Oral re-hydration therapy has been instructed for installation for the employees working close to machines producing excessive heat.

3.3.3

Overcrowding

Provisions of the new labour law: Section 56(1) of the labour law 2006 makes provisions for required spaces for a single worker employed in a factory. Following are the points important in this regard. (2) 9.5 (Nine and half) cubic metres of space for every single worker in a factory;

33

For calculating the dimension of the aforementioned-space, ignore the height beyond 4.25 meter; (3) The Factory shall post a notice in each workroom, specifying the maximum number of workers who can be employed therein as per the above calculation, if the Inspectors so require; (4) The Inspector can exempt any workroom of any factory from the compliance of this rule if satisfied that for the health of the worker it is not necessary. Changes in the present law: No noteworthy change is there except for the conversion of the measurement of space in the metric system from the existing British system. 3.3.4 Lighting

Provisions of the new labour law: Section 57(1) of the new labour law provides for the arrangement of sufficient and suitable lighting of natural or artificial or both. The section further provides for the following: (2) (3) Glazed windows or skylights shall be kept clean on both the pouter and inner surface free from obstructions; Provisions shall be made

(a) to prevent glare either directly from any source of light or by reflection from a smoothened or polished surface; (b) Provisions shall be made for the prevention of the formation of shadow to such extent as to cause eye strain or risk of accident to any worker. 3.3.5 Latrines and urinals Provisions of the new labour law: Section 59 of the new labour law makes the provisions of the latrines and urinals for the workers employed in a particular factory. The section provides for the following: a) Sufficient number of latrines and urinals located at convenient places and accessible to all the workers b) Separate arrangements for male and female workers c) Properly illuminated and ventilated and sufficient supplied with water at all times d) Clean and sanitary condition be maintained by detergents or disinfectants or with both

34

3.3.6 Dust bins and spittoons Provisions of the new labour law: Section 60 of the present law deals with the provisions of dustbins and spittoons. The sections provides for the following: 1. Every factory shall provide sufficient number of dustbins and spittoons at convenient places in clean and hygienic conditions 2. No person shall spit or litter except in the spittoon or bins, kept and maintained for this purpose 3. A notice shall be posted at every conspicuous places for the workers to the effect that “Spitting or littering in contravention of clause 2 is a punishable offence”. Changes in the present law: Previously the provision was only for the spittoons; however, now it is paraphrased as “Spittoons and Dustbins” to include littering as well. The earlier laws made the provision of a Taka 2 fine for the violation of the spitting rules which is eliminated in the new law and only a notice has been provided for to that effect.

35

PART 4: INDUSTRIAL RELATIONS
4.1 Unfair Labour Practices from the Part of the Employers

Provisions of the new labour law: Section 195 of the new labour law, 2006 provides a list of conducts or activities, which tantamount to unfair labour practices from the part of the employer. Following are the actions in brief: • • • • • • • • • Imposition of any condition in a contract of employment seeking to restrain the right of a person to join a trade union or to continue her/his membership of a trade union. Refusal to employ or refusal to continue to employ on the ground that a person is, or is not a member or officer of a trade union. Discrimination against any person in regard to any employment, promotion or condition of employment on the ground that such person is or is not the member or officer of trade union. Discharge or dismissal of any person on the ground that the person is or is not the member or officer of a specific trade union. Instigating or seeking a person to be the member of a particular trade union. Inducing a person to refrain from becoming, or to cease to be a member or officer of a trade-union. Compelling any officer of the CBA to sign a memorandum of settlement by intimidation or by coercion Interfering with or in any way influence the balloting provided for the election of the CBA. Recruitment of new workman during the currency of a legal strike.

Changes in the present law: The new law makes the list of the activities of unfair labour practices much longer. In the earlier laws there were eight different activities which had been termed as unfair labour practices. In the new law, however, there are 12 different activities of the employer that are termed as unfair labour practices. Following are the additional four activities of the employer that can be termed as the unfair labour practices from now on: 1. Willful failure in implementing the recommendation of the participation committee 2. Failure to respond to any communication made by the CBA as regards to any industrial dispute 3. Transfer of the President, General Secretary, Organizing Secretary and Treasurer of a trade union 4. Imposition of an illegal lock-out and continuance thereof and persuading a person to participate in that.

36

4.2

Unfair Labour Practices from the Part of the Workmen

Provisions of the new labour law: Section 196 of the new labour law deals with the provisions of unfair labour practices from the part of the labour. Following activities of the labour constitute the unfair labour practice from the part of the labour: • • • • • Persuading a workman to join or refrain from joining a trade union during the working hours Intimidating any person to become or refrain from becoming a member or officer of a trade union Inducing any person to become or refrain from becoming a member or officer of a trade union Compelling or making any attempt to compel an employer to sign a memorandum of settlement by using intimidation Compelling or making any attempt to compel any workmen to pay or refrain from paying any subscription towards the fund of the trade union.

Changes in present law: In the earlier laws there were six activities of the labour that were considered to be unfair labour practices. But the new law extended the purview of unfair labour practices. Following are the addition to the list of unfair labour practices from the part of the workmen: 1. Imposing illegal strike or go slow or persuading thereto 2. Gherao or blokcade on the highways or destruction of the property including transport and vehicles. 4.3 Determination of the Collective Bargaining Agent (CBA)

Provisions of the new labour law: Section 202 of the new labour code deals with the provisions relating to the determination of Collective Bargaining Agents (CBA). The Law provides for the following procedure: 1. Where there is only one trade union, that trade union shall be taken as the Collective Bargaining Agent (CBA) for that establishment 2. Where there are more than one trade union in an establishment , the Registrar shall take necessary steps to elect the Collective Bargaining Agent, upon the application of any of the trade unions having members of more than one third of the total workers employed in the establishment 3. Upon the receipt of the application as above the Registrar shall, by notice in writing, communicate to all the trade unions as to whether they would want to contest for the secret ballot for their representation in the CBA or not - giving a time limit of fifteen day 4. If a trade union fails to indicate within the time specified in the notice, its desire to be a contestant in the secret ballot, it shall be presumed that it shall not be a contestant in such a ballot/poll 5. Every employer shall -

37

(a) On being so required by the Registrar, submit to the Registrar a list of all workers employed in the establishment, excluding those whose period of employment in the establishment is less than three months or workers with records of insubordination and negligence-to-duty (b) Provide such facilities for verification of the list submitted by her/him as the Registrar may require. 6. On receipt of the list of workers from the employer, the Registrar shall send a copy of the list to each of the contesting trade unions and shall also affix a copy thereof in a conspicuous place of her/his office and another copy of the list in a conspicuous place of the establishment 7. The objection, if any, received by the Registrar within the specified time shall be disposed of by her/him after such enquiry as he deems necessary 8. The Registrar shall make such amendments, alterations or modifications in the list of workers submitted by the employer as may be required by any decision given by her/him on objections received under previous sub-section 9. After amendments, alterations or modifications, if any, made under above sub-section or where no objections are received by the Registrar within the specified time, the Registrar shall prepare a list of workers employed in the establishment concerned and send copies thereof to the employer and the contesting trade unions at least four days prior to the date fixed for the poll 10. The list prepared under the aforesaid sub-section shall be deemed to be the list of voters and every person whose name appears in the list shall be entitled to vote to elect the Collective Bargaining Agent 11. Every employer shall provide for such facilities as are required by the Registrar to conduct the poll 12. No person shall canvas for vote within a radius of fifty yards of the polling station 13. For the purpose of holding the secret ballot to determine the CBA, the Registrar shall do the following: a. Fix a date and intimate the same to the contesting trade unions and the employer b. Set the sealed ballot boxes, which are sealed in presence of the representative of each of the contesting trade unions if any one present c. Conduct the poll in the polling stations where the representative of the contesting trade unions shall have the right to enter d. Count the votes in presence of the representative of the contesting trade unions if anybody is present e. Declare the result and the name of the elected Collective Bargaining Agent. 14. Where a registered trade union is declared as the Collective Bargaining Agent according to the above rules, no such application for the determination of the CBA shall be entertained within the subsequent two years.

38

4.4

The Right of the Collective Bargaining Agent

Provisions of the new labour law: The Collective Bargaining Agent in relation to an establishment or group of establishments shall be entitled toi. Undertake collective bargaining with the employer or the employers on matters connected with the employment, non employment or terms of employment ii. Represent all or any of the workmen in any proceedings iii. Give notice of and declare a strike in accordance with provisions of the law iv. Nominate representatives of workmen on any committee, fund constituted as per the provisions of law or agreements. Changes in the present Law: 1. The previous law required a trade union for being a CBA to consists of at least one-third of workers as its member, even if it is the only trade union in the establishment but the new law has made a direct provision that if there remains only a single trade union, then that shall be treated as the Collective Bargaining Agent 2. The registration of the trade union which acquires less than 10% of vote in a poll for determination of CBA shall stand cancelled forthwith 3. The new law provides for a right to the Collective Bargaining Agent (CBA), in addition to the right of representation of the workers in a proceedings, the right of litigation for and on behalf of the one or all of the workers under this Act

4.5

Participation Committee

Provisions of the new labour law: Section 205 of the new labour code deals with the provisions of the Participation Committee as follows: 1. The owner of a factory, where more than fifty permanent workers are employed, shall form a Participation Committee as per the rules made by the law in this behalf 2. That Committee shall be formed in combination of both the workers and employers 3. The representation of the workers shall not be less than that of the employer 4. Workers in the committee shall be selected on the basis of the selection of the trade unions 5. All other trade Unions, except for the CBA, shall select their representatives equally; the number of representative of the CBA shall be one member more than the total numbers of representative selected by the other trade unions 6. The workers’ representatives shall be selected in accordance with the rules, where there is no trade union in the organization.

39

7. Where there is a separate unit in an organization with at least 50 workers employed therein, as per the recommendation of the Participation Committee of the establishment, a unit Participation Committee can be formed there, as per the rules in this behalf 8. The unit Participation Committee shall be formed with the participation of the workers employed in that unit and the representative of the employers there. 4.6 Functions of the Participation Committee*

Provisions of the new labour law: The functions of the Participation Committee shall be to inculcate and develop a sense of belongingness and workers’ commitment and in particular: • To endeavor to promote mutual trust, understanding and co operation between the employer and the workmen • To ensure application of labour laws • To foster a sense of discipline and to improve and maintain safety, occupational health and working condition • To encourage vocational training, workers education, and family welfare training • To adopt measures for improvement of welfare services for the workers and their families • To fulfill production target, reduce production cost, and wastes and raise quality of products. Changes in the present Law: 1. Sub section (5) of the section 205 clearly determines the relationship between the number of representatives from the Collective Bargaining Agent and the other trade unions in the Participation Committee, as per the sub-sections mentioned above: The number of the representative of the Collective Bargaining Agent = Number of the representative of all the trade unions + 1 The earlier laws didn’t mention any such relation between the representatives of the groups. 2. As regard to the function of the participation committee there is no change in the new law.

4.7

Meetings of the Participation Committee

Provisions of the new labour law: Section 207 deals with procedure of the meetings of the Participation Committee to realize all or any of the functions of the participation committee. As per the section – • • The Participation Committee shall meet at least once in every two months to discuss and exchange views and recommend measures for the performance of the functions under section 206. The proceeding of each such meeting shall be forwarded to the Director of Labour and the Conciliator within seven days of meeting.
Section 206 of Labour Law, 2006

*

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4.8

Implementation of the Recommendation of the Participation Committee*

Provisions of the new labour law: • The employer and the trade union shall take necessary steps to implement the specific recommendations of the Participation Committee within the time specified therein • Should the employer or the trade union fail to implement the measures suggested by the Participation Committee, it shall forthwith communicate the matter to the respective committee and take every possible step to implement it as early as possible. Changes in the new law: Although the meeting procedure is exactly the same as the earlier law, it makes a provision of the implementation of the recommendations of the committee within the time period provided by the committee itself. Otherwise, willful negligence will be treated as unfair labour practices. 4.9 Trade Unions

Provisions of the new labour law: Special definition of worker for the purpose of industrial relation: For the purpose of the industrial relations the word worker means and includes every worker as defined under section 2(65), and any labour who is laid off, retrenched , discharged or dismissed or otherwise terminated for which an industrial dispute has been arisen. But it doesn’t include any security staff like guards and fire fighter or any confidential assistant etc. Trade union and freedom of associations: Section 176 of the new labour code deals with the provisions related to trade union and freedom of association: • Fundamentally to control the relation between workers and workers, Workers and employers or employers and employers, without distinction whatsoever, shall have the right to establish and join the union of their choice subject to the constitution of the respective trade union • Basically to control the relation between workers and workers, Workers and employers or employers and employers, without distinction whatsoever, shall have the right to establish and join the union of their choice subject to the constitution of the respective association The employers and the workmen shall have the right to form a federation of their trade Unions and they can also affiliate that federation with any international federation or confederation of trade unions The trade unions and the associations of the employers shall have the freedom to adopt any constitution as per their choice/requirement.

•

•

*

Section 208 of Labour Law, 2006

41

4.10

Application for Registration and Required Documents for Registration

Provisions of the new labour law: Section 177 and 178 deals with the procedure for the registration of the trade unions Section 176 states that any trade union can Application for its registration to the registrar of the trade unions of the respective zone under the signature of the President and Secretary of the respective trade unions. Section 178 of the new labour code provides a list of documents, required, for the registration of the trade unions: • • • • • • • • • The Name and Head Office of the trade unions The date of formation of the trade union The Names, Age, Occupation and designation of the executive committee members of the union Description of all subscribed members The Name of the Establishment to which it is related and the total number of workers in that establishment In case of a federation of a trade union, the names and addresses of the members of the union Three copies of the constitution of the Union and the resolution of the meeting in which the constitution is proposed and accepted A resolution of the meeting empowering the Secretary and President of the union for the registration of the union In case of federation the acceptance letter of the member union to become the member of the proposed federation.

4.11

Industrial Dispute

Provisions of the new labour law: Section 2(62) of the new labour code defines the term Industrial Dispute. As per the section, any distance and difference between workers and workers, Workers and employers or employers and employers as regards the employment, non employment or terms of employment of workers has been termed as an industrial dispute. Then Chapter 14 of the Labour law 2006 deals elaborately with the procedure of raising industrial dispute and settlement thereof. Following are the provisions relating to industrial dispute in the present Law: 4.11.1 Raising of Industrial Dispute Provisions of the new labour law: No industrial dispute shall be treated as being existent unless it is validly raised by the employers or the Collective Bargaining Agents as per the provisions of the law.

42

4.11.2 Settlement of Industrial Dispute* Provisions of the new labour law: Section 210 of the present law deals the procedure as the following: 1. 2. • If at any time any employer or the Collective Bargaining Agent finds any dispute is likely to arise, it shall communicate the other party in writing The recipient of the above-mentioned communication shall take initiative to arrange a negotiation within fifteen days of the receipt of the communication.

Negotiation The proceedings under the above arrangement between two parties shall be treated as negotiation and if they are to produce a positive solution to the disputed issues, a settlement deed shall be executed and be sealed and signed by both the parties. A copy of the settlement deed shall be forwarded to the Government and the Conciliator thereupon.

•

Conciliation If the above mentioned negotiation fails, then it shall be forwarded to the Conciliator for the process of conciliation. 1. If the dispute is settled through conciliation the Conciliator shall report it to the government along with the settlement deed 2. The conciliation shall be treated as to have failed, if it cannot reach any conclusion even after 30 days of initiation. Provided it can be extended beyond the period if both the parties agree in writing 3. If it fails the conciliator shall try to manage the parties in dispute to refer the matter to an arbitrator 4. If the parties disagree about the Arbitration the conciliator shall issue a certificate that the conciliation has failed.

•

Arbitration When both the parties agree to refer the dispute to an Arbitrator then the matter shall be forwarded by the conciliator to the concerned Arbitrator (chosen by both the parties). The relevant procedure is as follows: 1. An arbitrator shall be a person from the list made and maintain by the government in this regard or any person mutually agreed upon by the parties 2. Arbitrator shall make an award within thirty days or within any Period, mutually agreed upon after the matter is received 3. The Arbitrator shall provide a copy of the award to the parties and to the government as well 4. No appeal shall lie against the award of the Arbitrator 5. The award shall be valid for a term not more than two years.

*

Section 209 of Labour Law, 2006

43

4.11.4 Strike and Lock Out Provisions of the new labour law: Section 211 of the new labour code deals with the provisions of the strike and lock-out in an industry and other establishments. The relevant procedure is as follows: 1. The party raising the industrial dispute, within a period of fifteen days of the receipt of the certificate of failure from the conciliator shall serve a written notice of Strike or lock out whatever is applicable, and the party also mention the date of commencement of the aforesaid strike or lock out within 7 to 14 days of serving such notice or the party raising the dispute may file a case to the labour court, on the matter 2. No such notice of strike shall be issued by the CBA unless a secret ballot is held in this behalf under the supervision of the Conciliator and three fourth of the members of the CBA opted for the strike 3. When the strike or Lock-out has already commenced, then any party can go to the labour court for the settlement of dispute 4. The Government can stop any strike or lock-out if it continues up to a period of 30 days, provided the government can stop it before the expiry of the above period, if it believes that it is expedient for public interest. Changes in the present law: In earlier laws there were provisions of joint application to the labour court by both parties at any stage of the commencement or before the commencement of the strike or lock-out, but in present law this provision has been removed.

4.12 Labour Court: 4.12.1 Formation of court under the New Labour Law: • Section 214 of the labour law 2006 deals with the formation of the Labour Court, as per that section, the labour court shall consist of a chairman and two members to advise him. • But for the trial of any offence under section 215 or for the trial of any matter of chapter X and XII the court shall consist of the chairman only. S 214(3) • A running District Judge or an Additional District Judge shall be appointed by the government as the chairman of the labour court. S 214(4) • Members shall be the representatives of both the employers and workers respectively. S 214 (6) 4.12.2 Jurisdiction Under the New Labour Law: Following are the Jurisdiction of the Labour Court: • To adjudicate and determine industrial dispute • Enquire and adjudicate any matter relating to implementation or violation of any settlement referred by the government • Try offences under this Act. • Any others function conferred upon or assigned by the Labour law 2006 or by any other law

44

4.12.3 Procedure of the Labour Court: Procedure in case of the trial of any offence: • • The Labour court shall follow the summary procedure of the code of Criminal procedure as described in chapter XXXV of the aforesaid Act and for this purpose the court shall be deemed to be a criminal court. The Labour court in trial of an offence shall be treated as a court of a Magistrate first class but in case of imposing penalty it shall have the jurisdiction of a Court of Session. S 215

Procedure in case of Other Matter: In adjudicating any other matter other than the trial of an offence it shall be treated as a civil court

Changes in the Present Law: • • As per section 313 of the Labour law 2006, No Magistrate court can try the offences under this Act. But previously Magistrate could try the offences. Another big change is brought about in determining limitation in taking cognizance of offence in section 314 of the labour law 2006. As per that section no labour court shall take cognizance of any offences after six months of the date of the offences alleged to have been committed

45

Obligations and Remedies Obligation To pay the workers all necessary wages (S. 121 of new labor law 2006). Who is responsible Owner of the factory, Chief Executive Officer (CEO), Manager/person assigned responsibility by the company, The contractor, for payment to workers appointed by the Contractor. Ditto Remedies Up to 25 % as compensation on the wages due at that time may be ordered (S. 134). Procedure to avail the remedies A single application may be presented to the labor court under S. 132 on behalf or in respect of any number of workers belonging to the same unpaid.

To fix a period not exceeding 30 days and under S. 123 the payment shall be made within seven days of the expiry of the wage period. (s. 122). No deductions shall The employer be made from the wages of a worker except those authorized (S. 125). Not to pay below The employer the minimum rate of wages (S. 149).

Ditto

Ditto

Ditto

Ditto

To give notice and The labor. claim within two years of the accident or in the case of death of labor (157).

Any employer who pays shall be punishable with imprisonment for a period up to one year or with fine up to five thousand Taka or with both (S.289). No compensation.

Ditto

Not to disclose any The employer information relating and the worker. to manufacturing or commercial secret ( S. 304 ).

Shall be punishable with imprisonment up to six months or with fine up to ten thousand taka or with both.

No claim for compensation shall be entertained by a Labor Court unless the notice is given after the happening thereof (S. 157). Application to the Labor Court.

46

Who is responsible Not to bound The any worker to employer. work more than eight hours (S. 100). To allow interval for The rest or meal for the employer. worker (S. 101).

Obligation

Remedies Shall be entitled to allowance at the rate of twice his ordinary rate of basic wage ( S. 108.) If the employer does not comply with this section, he will be punished with imprisonment up to three months, or with fine which may extend to one thousand Taka, or with both. Compensatory holidays of equal number of holidays so deprived (s.103 ) . If this kind of leaves are not enjoyed the employer must add these leaves with next years leave. Failing which the worker will get a compensatory holiday of 2 days with full pay and a substitute holiday is given to her/him under S. 103. No remedy

Procedure to avail the remedies Through the register and inspector (S.319 (5).

Application to the labor court only. Single application on behalf of all the workers so aggrieved.

To allow one day weekly holiday for all the workers employed in a factory ( S. 103 ). To allow the worker annual leave with the wages (S. 117). To allow the worker the festival leave (S. 118 ).

The employer.

Ditto

The employer.

The employer.

The worker can Apply to the labor court if these provisions have not been com-lied with by the employer. The worker can Apply to the labor court if these provisions have not been com-lied with by the employer.

To allow casual leave with full wages for the workers (S. 115). To allow the workers14 day’s sick leave with full average wages (S.115).

The employer

Not Applicable

The employer

The worker can realize the wages receivables during the continuance of illness with dearness allowances an others

The worker will Apply for the sick leave with a medical certificate, if denied he can Apply to the labor court against the employer.

47

Obligation To allow maternity leave of 16 weeks for the mother ( S. 45 ). To pay the maternity benefit to the worker (s. 46 )

The person responsible The employer

Remedy If any employer contravenes, he shall be punished with the fine which may extend to five thousand taka (S. 286). Ditto

Procedure The worker can Apply to the labor court if these provisions have not been complied with by the employer. Serve notice either orally or in writing to her employer that she expects to be confined within eight weeks next following and may therein nominate a person for purposes of receiving payment of maternity benefit in case of her death.

The employer

To pay the worker the maternity benefit in case of a women‘s death (S. 49). Not to work in lieu of any cash or kind during the permitted period of absence by the employer (S. 287). Not to permit any children or adolescent to work in any occupation or establishment (S. 34). Not to make any agreement, to allow the service of the child to be utilized in any employment ( S. 35 ). To submit the certificate of fitness (S. 37).

The employer

Ditto

Ditto

The worker

Shall be punishable with fine up to one thousand taka.

Not available in the law, Rule may provide for subsequently

The employer

Whoever employs or permits any Application to the Labor child or adolescent to work shall Court. be punishable with fine which may extend to five thousand Taka (S. 284). Whoever Contravenes of this law shall be punishable with fine which may extend to one thousand taka. Application to the Labor Court.

Parent or Guardian

The adolescent worker.

Obligation

The person

Penalty for using false certificate of fitness is punishment with the imprisonment for up to three months or fine up to one thousand taka or with both. Remedy

Application to the Labor Court.

Procedure 48

responsible Not to allow the The adolescent in certain employer work ( S. 39 )

Not to be employed the adolescent on dangerous machine (S.40).

The employer

Whoever employs any child or adolescent to work in contravention of any provision of this Act, shall be punishable with the fine which may extend to five thousand Taka ( S. 284 .) If such contravention results in loss of life the employer shall be imprisoned up to four years or up to one lakh Taka fine or both, if it results in seriously bodily injury he shall be imprisoned up to two years or up to ten thousand taka fine or both or if such contravention causes injury or danger to workers the employer shall be imprisoned up to six months or up to two thousand taka fine or both ( S. 309 ).

Application to the Labor Court.

Any Court imposing a sentence of fine passed under this section may when passing judgment order the whole or any part of the fine recovered to be paid as compensation to the person injured , or in the case of his death to his legal representative

To issue an appointment letter and an identity card with photograph (S. 5) to every worker.

The employer

To Maintain a service book for every worker (S.6). To entry in the service book and signed by both the employer and worker ( S. 8 ). To pay the workers the wages for unavailed leave. To allow the workers Death benefit ( S. 19).

The employer The worker and the employer

The Chief Inspector or if authorized by him in this To issue and punishment or Fine behalf , any other officer as well under S. 307. subordinate to him , may lodge complaint with the Labor Courts for action .(Section 319 (5) Ditto Ditto

Ditto

Ditto

The employer

wages

The employer

30 days wages for each completed year or service, or six months thereof, or gratuity, whichever is higher in addition to her/ his other emoluments during the retirement.

• Application by the worker. • Application to the Labor Court only. • Application by the worker her/him self or her/his successor in case of her/his death. • Application to the labor court only. Application by the worker her/him self or her/his

49

Obligation To maintain the Master-roll for the laid- off workers (S. 17). To allow the compensation in case of Discharge wage to the worker.

The person responsible The employer

Remedy Compensation during lay off = (Total basic + dearness allowance + ad hoc wages)/2 + the house rent he or she would get if not so laid of. 30 days wages for every completed year of service or the gratuity, whichever is higher.

successor in case of her/his death. Procedure If denied he can apply to the labor court with that against that denier.

The employer

To allow retrenchment wage to the worker.

The employer

To give one months notice to the worker in writing, indicating the reasons for retrenchment. To give notice to the worker to dismiss unless he is convicted by any criminal court or his / her misconduct is proved under S. 24 of the labor law 2006.( S. 23). To terminate a worker, serving notice to the workers (S. 27). Not to deprive of worker from the payment of provident fund ( S. 29 )

The employer

Compensation equivalent to 30 days wages for every completed year of service or for any part thereof in excess of six months, or gratuity, if any, whichever is greater. Unless in lieu of such notice, wages for the period of notice is given to the worker the retrenchment will be ineffective.

Every worker who has completed a continuous service for one year can apply to the labor court and shall be entitled to get the benefit. Every worker who has completed a continuous service for one year can apply to the labor court and shall be entitled to get the benefit. Ditto

The employer

The payment in lieu.

Ditto

The employer

The wages to the terminated worker for the aforesaid period of notice. Imprisonment for 3 years and also liable to fine ( S. 298 ).

Ditto

The employer

To pay the worker the final payment within maximum 30

The employer

The final payment due to the worker due to a retirement, discharge, retrenchment,

The worker may lodge a complaint to the Labor Court. No Court fees shall be payable for lodging complaint or appeal under this section ( S. 33 ). Ditto.

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working days(S. 30).

dismissal and termination.

Obligation

To issue the certificate of service at the time of the workers retrenchment, discharge, dismissal, removal, retirement or termination of service (S. 31). To send notice of The certain disease of employer or worker ( S. 82 ) the worker concerned or any person authorized by him in this behalf. To provide The alternative exit to Employer avoid dangers and damage due to fire. (S. 62).

The person responsible The employer

Remedy To have the certificate issued by the employer

Procedure Ditto.

Imprisonment up to three months The Chief Inspector or if or up to one thousand taka or authorized by him in this both ( s. 307 ). behalf , any other officer subordinate to him , may lodge complaint with the Labor Courts for action .(Section 319 (5) If any injury is caused to any worker because of the use of such equipment, machinery or building, the employer shall be liable to pay compensation to the worker injured at a rate which may be double the rate of compensation payable for such injury . Ditto The worker may apply to the labor court if these provisions have not been com-lied with by the employer.

To ensure safety measures relating to building and machineries (S. 61) To be precaution against dangerous fumes To Provide suitable goggles for the protection of the worker (S. 75).

The employer

Ditto

The employer The employer

Ditto

Ditto

Ditto

Ditto

51

Obligation To maintain a first aid box fro the worker in the factory (in S. 89).

To maintain adequate washing facilities and canteen in all the factory (S. 91 in labor law 2006). To have a rest room and a children room for the worker (S. 93). To keep the factory cleans (S. 51). To maintain Oral rehydration therapy. To arrange sufficient free space for the workers (S. 56). To maintain the register for the worker. To maintain the effective arrangement of sufficient supply of drinking water (S. 58) To maintain the arrangement of sufficient and suitable lightning (S .57). To have sufficient number of latrines and urinals for the workers (S. 59). To maintain sufficient number of dustbins and spittoons (S. 60). S. 195 deals with unfair interference about being member of trade union.

The person Remedy Procedure responsible The employer If the employer does not • Application to the labor comply with this section, he court only. will be punished with • Single application on imprisonment up to three behalf of all the workers months, or with fine which so aggrieved. may extend to one thousand Taka, or with both. The employer Ditto Ditto.

The employer

Ditto

Ditto.

The employer The employer The employer

Ditto Ditto Ditto

Ditto Ditto Ditto

The employer The employer

Ditto Ditto

Ditto Ditto

The employer

Ditto

Ditto

The employer

Ditto

Ditto

The employer

Ditto

Ditto

The employer Whoever breach this section, shall be punishable with imprisonment for a term up to two years, or with fine which may extend

The aggrieved person shall Application to the labor court under S. 213 for violation.

52

to ten thousand taka, or with both under S. 291 (1 ). Obligation S. 196 deals with unfair labor practice in relation to trade union The person responsible The worker Remedy Ditto Procedure

To register the Trade Union and issue a registration certificate ( S. 182 ). To issue Certificate of registration ( S. 189)

Under S. 291 (2) any worker who fails to comply with it he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand Taka or with both. The employer Punishment with imprisonment up to six months or fine up to two thousand taka or both (S. 299). The Director Issue the certificate within of Labor. seven days

Application to the Labor Court.

Not to be a member of more than one trade union (S.193). Not to take part any unlawful strike and lock-out (S. 227). Not to instigate illegal strike or lock out. Not to take part or instigate or incites to go slow. To establish the participation fund and welfare fund (S. 234). Not to produce false statement ( S. 303)

Worker and employer.

Worker and employer. Worker and employer. Worker

The Company.

Worker and employer.

Imprisonment up to six months and fine up to two thousand taka or both (S. 300). Imprisonment of one year or fine with five thousand taka or both (S. 294). Imprisonment for one year fine with five thousand taka or both (S.295). Imprisonment for one year or five thousand taka fine or both (S.296). Fine with not more than ten thousand taka and one thousand taka more in case of failure (S.236)... Six months imprisonment or five thousand taka fine or both.

When the director of Labor rejects the application, the trade Union may Appeal to the Labor Court within 30 days Application to the Labor Court.

Application to the Labor Court. Application to the Labor Court. Application to the Labor Court. Application to the Labor Court.

Application to the Labor Court.

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