BANGLADESH LABOUR LAW 2006-(RMG SECTOR

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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 1.3.3 Casual leave ............................................................................................................. 9 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 1.5 MATERNITY BENEFITS ..............................................................................................10 1.5.1 Maternity leave ...................................................................................................... 10 1.5.2 Procedure of payment of the maternity benefit ...................................................... 11 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 3.1.3 Excessive Weights .................................................................................................. 25 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 3.1.7 Explosive or inflammable dust or gas** ................................................................ 26 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 3.2.4 Shelters/ rest rooms and lunch rooms.................................................................... 31 3.2.5 Rooms for children*............................................................................................... 32 3.3 HEALTH AND HYGIENE .............................................................................................32 3.3.1 Cleanliness ............................................................................................................. 32 3.3.2 Drinking water ...................................................................................................... 33 3.3.3 Overcrowding ....................................................................................................... 33 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:
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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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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. or termination. medical or any other facilities.1. Compensation at the expiry of the employment by any means like dismissal. • Any other sum paid to worker to cover any special expenses entailed to her/him by the nature of the employment. discharge or otherwise shall be treated as wages. • Traveling allowances or concessions thereof. Overtime allowance shall be treated as wages. • Owners’ contribution to the provident fund of the worker. water supply. Increment shall be treated as wages.1 1. Any amount payable due to lay off or temporary suspension. retrenchment. discharge. Allowance during lay-off or temporary suspension shall be treated as wages. 4 . Any amount payable to the worker against out of the contract between the owner and the worker after the employment is expired by dismissal. as per different decisions of the courts of Bangladesh. Gratuity on discharge or any other gratuity shall be treated as wages. holiday and overtime. Compensation on retrenchment (on ground of redundancy) shall be treated as wages. 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. 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.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. Any amount payable against the order of the court or against the award of arbitrator. But. House rent allowances shall be treated as wages.PART 1: WORKING CONDITIONS 1. Any remuneration payable during leave.

1. 4. In previous law.1. 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.Wages during leaves or holidays shall be treated as wages. Chief Executive Officer (CEO) of the company. 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. 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. Previous law excluded the gratuity on discharge from the wages of a worker but the new law includes it as part of the wages.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. 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 . Changes in the present law: 1. The Contractor. Provident fund is considered to be the wages and is payable within 30 days of the expiry of the employment. 5 . 2. Changes in the present law: There is a big change. Manager/person assigned responsibility by the company. Changes in the present law: In case of the failure of the contractor to pay the wages to the worker. 1. 3. the employer had to pay before the expiry of the 10th day from the end of the wage period. Owner of the factory. the principal owner shall pay the same and subsequently it can be adjusted with the accounts of the contractor. for payment to workers appointed by the Contractor. where there is less than 1000 workers employed.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.

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

now it is twelve months. Previously. 7 . the limitation period was only six months.Changes in the present Law: At present. the Chairman of the Labour Courts is only eligible to hear the cases.

The employer is also required to maintain an overtime register as per the 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 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.1. an average of 56 working hours per week in a year for a labour must not be exceeded under any circumstances. Changes in the present law: No change has been made.2. the employer is required to pay the worker. but an adult worker may work 10 hours a day provided all the conditions of section 108 have been fulfilled.2. 2006 *** Section 103 of the Labour Law. Changes in present law: Exemption clause has been inserted in the new law.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. Changes in the present law: Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day 1.2 Interval for rest and meal* Provisions of the new labour code: Interval for rest is provided in the following manner: 1. if any. * Section 101 of the Labour Law. But the new law makes a provision for exemption approved by the government if it thinks so fit. 1. 2006 8 . 2006 ** Section 102 of the Labour Law. i. subject to the payment of overtime allowances as per section 108 of the law. but it can be extended up to sixty hours.2. basic & dearness allowance. overtime. According to that section. 2. 1.e. double the rate of her/his usual wages.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. However. One hour interval for rest or meal for six hours of work.2.2 1. Half an hour interval for rest or meal for 5 hours of work.

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.3. The employer shall.Changes in the new law: No change.3 1.2 Festival holiday* Provisions of the new labour law: 1) Every worker shall be entitled to eleven days festival-leave for every calendar year. 1. 2006 . 1.4 Sick leave ** Provisions of the new labour law: 9 * ** Section 118 of the Labour Law. one day for every 15 (fifteen) days of work performed by her/him during the previous twelve months.3. fix the day and date of such leaves.3. at the beginning of the year. Changes in the present law: Festival holiday has been increased by a day in the new labour law 2006. 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.3. 2006 Section 116 of the Labour Law. one day for every 18 (eighteen) days of work performed by her/him during the previous twelve months. ii) For adolescent worker. The section provides as follows: 1) Each worker. It makes a provision for 10 days casual leave with full wages.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. 1. who has completed one year of continuous service in a factory. 1. 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. 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 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). 94.to six months from 9 months. 50. 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”. Provided. The sections are 45. it has been added to the new law.5. 109. 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. Changes in the present law: Earlier laws provided for the same period of leave with half average wages.5 1. no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children. 2006. 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. Provisions of the previous labour laws: Section 3 of the Maternity Benefits Act. 79.4 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. 10 . 87. 1. The requirement for certification by a Registered Physician does not exist in the earlier laws. the new law makes provisions for the sick leave to be one with full average wages. Night-shift work of female workers: Section 109 of the labour law. Also.All workers employed in a factory shall be entitled to get 14 (fourteen) days sick leave with full average wages. 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 . 1939 provides maternity leave of 12 weeks (6 weeks before and 6 weeks after the delivery). However. 1. 2006 creates a bar on the night works of the female workers.for availing the benefit . whereas. 332 and 345 of the new labour law.

Changes brought by the new law: No change has been made. 2006 11 . As per the earlier law. Changes brought by the new law: No change has been made. 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. 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. weekly or monthly. Changes in the present law: Changes have been made in favor of the management. 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.5.1. her legal representative. 1. shall be entitled to receive the benefits as described above.5. it was binding upon the management to pay the benefit within 48 hours only.5.4 Benefits in case of the death of mother**** Provisions of the new labour code: The person nominated by the mother who died. 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. * ** *** **** Daily Average Wages Weekly Average Wages Monthly Average Wages Section 49 of the Labour Law.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. whether there remains any working day or not. as the management is required to pay the benefit within three working days. 1939.2 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 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. or in the case where no such person is nominated. 1. as and where applicable. 2.

Changes in the present law: In the earlier laws. Adolescent: Adolescent means a person who has completed her/his fourteen years but has not completed her/his eighteen years of age. it may as well waive the enforcement of the pre-conditions of the employment of an adolescent for a particular period. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational training. The section states as follows: • No child shall be required or allowed to work in any factory.6. Exception : A child who has completed twelve years of age.6. even a child could have obtained a fitness certificate to get a job in a factory. The present law specifically prohibits employment of children and makes a provision for fitness certificates for the adolescent only. Provided that the hours of work of such child.giving a reference to such certificate while he is at work. But in the new law. 3. (as per section 44) 1. A certificate of fitness granted to her/him under section 68 is in the custody of the manager of the factory. Under the earlier law. Child : In the present law child means a person who has not yet completed his fourteen years of age. Such adolescent carries a token . • 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. where he is school going.1. 2. may be employed in such light work as not to endanger his health and development or interfere with his education.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.6 1.1 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 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. 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. 4. • 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 . If the Government considers appropriate. shall be so arranged that they do not interfere with his school attendance.

such person will be employed therein if certified to be fit for the work he or she has proposed to be employed for. 13 .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. 40 and 42 of the new labour law reports some activities for which the employment of the adolescent is strictly prohibited. • • Such certificate shall be valid only for the subsequent 12 months. Any work under ground or under water. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents or guardians of the worker.6. Any work in-between the moving parts of a machine.4 Provisions of the new labour law: Section 39. Restriction of appointment of adolescent in certain work 1.6. 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. 1. issue a certificate of fitness. • • • • 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 employment of the adolescent are strictly restricted for the following activities: • • • • Cleaning of the machinery while it is in motion. As per the above mentioned sections. Lubrication or for other adjustment operation of the machinery while it is in motion. As per the section following points are important and relevant for the RMG industry.

14 . • For any other establishment.PART 2: EMPLOYMENT 2. for Factories and for Shops and establishment. for Employment. 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. any Law approving forced labour is Void ab initio as per the constitutional framework of legislation in Bangladesh. and Bangladesh has ratified these two conventions long time ago. the Owner of the establishment and every director. Assignees. But. the two ILO fundamental rights Conventions (nos. As per the above section any person in relation to an establishment who employs workers therein and includes: • An heir. Manager.2 Forced labour Provisions of the new labour law: Forced labour is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh. But the new law provides a single definition to cover all the purposes. 29 and 105) also addresses the abolition of forced labour. Therefore. Secretary or the agent of such persons • The person in occupation of the establishment or the person in ultimate control of the establishment 2. 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. Subsection (XLIX). previously the term was defined in different law for different purposes like for payment of wages. 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. Successor.1 Employer Definition in New Labour Law: The Term Employer is defined in section 2.

Section 345 of the new labour law is. 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. shall be maintained. Comments: Framing of the service rules by an employer is not mandatory. caste. they must comply with the relevant laws. 15 . 1965 has the same provisions as above. Changes brought by the new law: No change has been made. 2. Articles 27 and 28 have provided a guideline to the legislator to make the discrimination free environment in every walk of national life. however. 2. 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. Provisions of the previous labour laws: Section 3 of the Employment of Labour (Standing Orders) Act. race. but if these are made. sex or place of birth.3 Discrimination Provisions of the new labour law: Any discriminatory behavior on the basis of sex. 2. 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. No discrimination in this regard shall be tolerated by law”. discrimination on the grounds of any of the above issues is prohibited in the country.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.” Therefore. noteworthy in this connection. color and creed is totally prohibited in any law in Bangladesh.Therefore.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.

As per the section following entries shall be there in the service book of a labourer: • • • • • • • • • Employee’s name. Section 8 of the law for the entries of the service book of a labour. 1974 and The Road Transport Workers Ordinance of 1983 made the provision of the appointment letter for their employees. father’s name. But the new law makes it mandatory for the service book to be signed by both the worker and the employer. spouse’s name .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 . 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. 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 Newspaper Employees (Conditions of Services) Act. Changes brought by the new law: No significant changes are there in the provisions for the service book in the new law. 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. spouse’s name and address.6 Service book Provisions of the new labour code: The law provides for a separate section i. 2. date of appointment.Provisions of the previous labour laws: Previously there was no such law. The law provides for a list of information to be maintained in the service book of each labour. type of employment and conditions of the employment.e. 2. mother’s name.

Casual: A worker who is employed on casual basis. 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. Permanent: A worker who is employed to fill up a permanent post or when a probationer completes her/his probation period in an establishment. Changes in the present law: 17 . then during that period of probation he can be shifted to her/his permanent post during the subsequent period of probation.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. • 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. Probationer: A worker who is employed on probation for a fix time with a view to fill up a permanent vacancy. • If a permanent worker starts a new job as a probationer. Temporary: A worker who is employed purely for a temporary nature of work. Badlies (transfer workers): A worker who is employed for the period of absence of a permanent or probationer worker.

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. For counting continuous service.There is no change in the classification of labour.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. 2006 18 . 2. termination. the following issues will come under consideration: • • • • Days the worker was laid off. he or she shall be entitled to get the wages of those days so un-availed. But in the calculation of the period of probation. dismissal. retrenchment or retirement. which was previously 140. Days of leave with or without wages due to accident or illness. * Section 11 of Labour Law. And for calculation of six months of continuous employment the number of actual working days is 120. if there remains any un-availed leave of the aforesaid worker. Non-working days due to legal strike or illegal lock out.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. 2. Changes in the present law: Actually this was also in previous law under section 5 (4) of SO Act 1965 . • 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. 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.

17. 4. 14. 2. Such Board of Trustee shall consist of an equal number of representatives of the employer and workers employed in the establishment. All the representatives shall hold office for a period of two years. 10. The above nomination shall be under the supervision of the Director of Labour.11 Provident Funds for workers: Provisions of the new labour law Section 264 of the Labor Law 2006. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period. Establishment in private sector means an establishment which is not managed directly by the Government. Such provident fund shall be constituted prescribed by the rules. b) I. At least half of the total accumulations shall be invested for the purpose of any of the following. 16. 5. B. In the case of provident fund one fourth of total workers will claim in writing to their employer. The accounts of provident fund shall be audited.C. and a person nominated by the Government shall be its Chairman.B. 15. 7. 6. Where the government is satisfied. 1925 (XXIX of 1925). 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. 8. he may by order exempt the establishment from the operation of this section. A provident fund shall be deemed to be a public institution for the purposes of the Provident Funds Act. provided for an establishment of a Provident Fund if so demanded by the three fourths of the total workers employed in a factory. 19 . Representative will be nominated by the employer and collective bargaining agent. The section also provided for the following: 1. 18. The cost of maintenance shall be borne by the employer. namely: a) I.C. It may constitute for the benefits of the worker in the private sector. 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.2. Mutual Fund Certificates. The Government may make rules for constitution of provident fund. 11. 12. 3. Such Provident Fund shall be held and administered by a Board of Trustee. Unit certificates and c) Government securities including Defence and Postal Saving Certificates 13.

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. other catastrophes. c) The notice also mentioned that those who are ordered to be so present. or civil commotion. As per the above-mentioned section following are the points to be noted: a) In the event of fire. ** Section 19 of Labour Law. The worker shall get this benefit in addition to her/his other emoluments during the retirement. 2. 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. breakdown of machinery. or six-months thereof. b) In the event of such stoppage occurring at any time beyond working hours. the employer can stop the work of a section or sections of her/his factory. 2006 20 . or any other circumstance beyond her/his control.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. or gratuity. then they may not be entitled to get any benefit. the worker shall be entitled to get benefits for 30-days’ wages for each completed year or service. epidemics.12 Death benefit** Provisions of the new labour law: If any worker died after completing 3 (three) years continuous service with an employer. whichever is higher.2. and if their presence is required for an hour only.

2. shall be entitled to get the benefits of compensation for all the days except for the weekly holidays. 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. 2006 21 . Any worker. employed in any shop or commercial or industrial establishment. 2006 Section 20 of Labour Law. if the lay off extends beyond that 45 days up to a period of 15 more days. or gratuity. on account of shortage of coal. if any. whose name is there in the muster-roll of the factory and who has completed a continuous period of one year service. 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. For 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. wages for the period of notice. at the time of retrenchment. But. indicating the reasons for retrenchment or the worker has been paid in lieu of such notice. • • • • 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.15 Provisions of the new labour law: Retrenchment means the expiry of the employment of a worker on the ground of redundancy. and (c) He has been paid. an employer has to follow the following provision of the new labour law: No worker. 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.14 Right of laid off workers* Provisions of the new labour law: Lay off: Failure. whichever is higher. who has been in continuous service for not less than one year under an employer shall be retrenched by the employer. if laid off. unless (a) The worker has been given one month’s notice in writing. 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. * ** Section 16 of Labour Law. refusal or inability of an employer. Retrenchment** 2. (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.

Habitual breach of any rule or law applicable to the establishment. tampering the official document of the employer. 2. Habitual absence. Resorting to illegal strike or go slow or instigating others to do so. Receiving or giving bribes. Section 22 of the new labour code deals with the procedure of discharge. without leave. Falsifying. 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. is: Willful insubordination. Misconduct. fraud or dishonesty. for more than ten days. alone or in combination with others. whichever is higher. Frequent repetition of a work on which fine can be imposed.2. 22 . As per the section an employer can discharge a worker on the basis of the report of a Registered Physician. Habitual negligence or neglect of work.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. Riotous or disorderly behavior. as defined in that section.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. Theft. 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. Habitual late-attendance. to any lawful or reasonable order.

For the temporary workers: 1. Withholding increment for an year.18 Termination Provisions of the new labour law: The employer can terminate a worker without assigning any reason whatsoever except for dismissal. Termination without any notice: The employer can even terminate the employment of a particular worker without any notice as described in the section above. against whom misconduct has been charged and proved. Censuring and warning. Serving 60 days notice to the other workers. 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. may be punished by any of the following punishment other than dismissal from the job: Removal Demotion to lower grade. For the permanent workers: 1. Serving 30 days notice to the workers employed on the monthly basis.Changes in the present law: The new law makes a provision of lighter punishment in case of the misconduct. Serving 120 days notice to the workers employed on the monthly basis. 23 . Temporary suspension without wages. 2. Imposition of fine. Serving 14 days notice to the other employees. Sub section 2 of section 23 says: Any worker. etc. 2. in the following manner as described in Section 26 of the new labour law 2006. 2. Withholding promotion for at least one year.

2. 8.2 Floors. in the language understood by the majority of the workers. 3.1. There shall be an effective and clearly audible means of fire-warning system to every worker. SAFETY AND WELFARE 3. stairs and means of access Provisions of the new labour law: Section 72 of the new labour law deals with the floors.1. The section states as follows: 24 . 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. The section provides for the following: 1. 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. Marking in red letter in proper size. 6.1 3. 4. there shall be a training for all the workers about the means of escape in case of fire. No door affording exit can be locked or fastened during the working hours so that they can be easily or immediately opened from inside.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 doors affording exit must be open outwards. windows or any alternative exit affording means of escape in case of fire. 5. on such doors. There shall be a free passage-way giving access to each means to escape.PART 3: OCCUPATIONAL HEALTH. unless it is sliding in nature. 7. 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. Where more than ten workers are employed other than in the ground floor. if the door is between two rooms it must open in the direction of the nearest exit. stairs and means of access. 3.

and passages shall be of sound construction and properly maintained. and free from any blockade. Factories are required to secure the following parts of machinery in order to ensure safety of the workers: * Section 63 of Labour Law. to not run the factory unless and until the building is so repaired or replaced. and staircases shall be maintained in a neat and clean manner. All floors.1. passageways. 3. 3. carry or move any load so heavy as to be likely to cause him injury. The present law entrusts everything to be done in this regard with the Inspectors.1. and if it is necessary to ensure safety.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. staircases. the Inspector may issue an order to the owner of the factory to take necessary steps immediately within the specified time therein. wide enough. Reasonable safe passageway or access shall be maintained in a place where employees work. 3. 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 section goes as follows: 1. he shall issue an order to repair or alter that immediately failing which.5 Fencing of machinery* Provisions of the new labour law: 1.1. 2. If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of the worker.3 Excessive Weights Provisions of the new labour law: Section 74 of the new labour code states that. 2006 25 . hand-railings shall be provided with them. 3. All the floors. 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. 2. no person shall be employed in any factory to lift.1.

2. adjusting and lubricating part of machinery in motion.7 Explosive or inflammable dust or gas** Provisions of the new labour law: 1. toothed friction gearing. 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. lubricating and adjusting. of any machinery in motion. 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. The head-race and tail-race of every water wheel and water turbine c. it is required to employ a well-trained adult male worker.1.a. 3. etc. In case of examining. Every part of an electric generator. Fencing must also be done on any other parts (in motion) that contains screw. if and only if certain other measures are adopted that will ensure safety of the workers.6 Work on or near machinery on motion* Provisions of the new labour law: 1. 3. Every moving part of a prime mover and every fly wheel connected to a prime mover b.1. The following practicable measures must be taken in factories to avoid explosions caused by inflammable dust. The fencing is required to prevent these items from harming the workers coming in close contact to them. spindle wheel or pinion and all spur. Any part of a stock-bar which projects beyond the head stock of a lathe d. 2. 2006 Section 78 of Labour Law. transmission machinery and other dangerous part of any machinery. 3. 4. 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. by any person. The Government may prohibit the cleaning. 2006 26 . 3. 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. The Government may exempt fencing of the aforesaid objects. bolt and key on any revolving shaft. * ** Section 64 of Labour Law.

must be carefully prevented. vent or other effective appliances have to be kept.8 Precautions against dangerous fumes* Provisions of the new labour law: 1. 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. such as welding. baffles. provisions of chokes. 2. 3. 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. containing dangerous fumes. 2006 27 .2. shall not be conducted in a factory that contains or previously contained inflammable objects without taking appropriate safety measures. brazing. Other workers must also be trained and proficient in the use of all such apparatus. No portable light of voltage exceeding 24 volts shall be permitted to use inside places mentioned above. Suitable breathing apparatus. 4.1. No person shall be allowed to enter the places mentioned above until the following measures are taken: a. b. into the pipeline through the joints that are to be worked on. 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. Operation that requires actions of heat. reviving apparatus and belts and ropes shall be kept ready beside the confined space for instant use. No person shall be allowed to enter potentially hazardous chambers. 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. 3. 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. * Section 77 of Labour Law. 5. pit. 4. vat. . flue or confined spaces if there is not any manhole of adequate size. pipe. such as tank. In case of the impossibility of placing a strong enclosure for the above-mentioned sources of inflammable objects. soldering or cutting.

1. The sections state as follows: (a) The government shall. and (e) Providing notice about the hazardous chemical to the workers. 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. by notification in the official gazette. 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. 3. The Inspector may serve on the employer an order in writing requiring him to furnish drawings.3. specifications and other particulars as may be necessary to determine whether 28 . 69 (7)). 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.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. 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) 3.11 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.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 75 deals with the protection of eyes.1. (s. 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. (s. Section 79 also makes a provision of personal protection. by reason of exposure to excessive light or heat. Section 40 and 79 of the new labour law made provisions for the government to asses certain occupation.1.

v) Power of Inspectors in case of certain dangers.( s. 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. 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 . send the second portion to a Government analyst and report thereon and retain the third portion for production to the Court. ( s. The Inspector may. ( s. • • 29 . management or direction thereof. ways. is dangerous to human life or safety or defective. he may give notice in writing to the employer in respect of which he considers the establishment or the thing or practice. • If. The Inspector may by an order in writing prohibit the employer if he thinks that there is urgent and immediate danger to the life. the employer or the worker concerned or any person authorized by him shall send notice to the Inspector. sealing and marking the sample. in the opinion of him in contravention of the provisions of this Act or likely to cause bodily injury to the health of workers.62 ) iii) Notice to be given to the Inspectors: • • • When any accident occurs in an establishment causing loss of life or bodily injury.( s. 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. 81 ) Where any worker contacts any disease . the employer of the establishment shall give notice of the occurrence to the Inspector within two working days.( s. 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 shall give one portion of the sample to the employer . (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. If the Inspectors requires the employer shall provide the appliances for dividing. by order in writing direct the employer prohibiting the extraction or reduction of pillars in any part of such establishments. it appears to the Inspectors that any establishment or any part thereof or with the control.84 ) Where the Inspector takes such sample. 76). so as to threaten to the bodily injury of any person.such buildings. 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.

2 Washing facilities Provisions of the new labour code: Section 91 of Bangladesh Labour Law. One tap for every 15 worker who are coming into close contact of noxious substances 30 .• • • The employer if is aggrieved by the order may. 3. 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. 3. But the new law is exactly the same as the earlier Factories Act 1965.1 WELFARE First aid appliances Provisions of the new labour code: Section 89 of the new labour law provided the following: 1. The number of taps in the workplace was fixed in the earlier laws as per the following schedule: 1.2. who has to be always available in the factory. 2006 provides for the washing facilities for workers in a factory. An ambulance and a well-equipped dispensary for every 300 workers employed in a factory.2 3. Previously. appeal against the same to the Chief Inspector who may confirm . modify or cancel the order. within ten days of the receipt of the order . First Aid boxes or cupboard equipped with the contents prescribed by rules should be provided in every establishments 2. except the order of cancellation passed by him and shall also inform the employer concerned that such report has been so made.2. 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. this facility was required for factories with a minimum of 500 workers. The Chief Inspector shall report to the Government any order. A well equipped first aid box or cabinet for every 150 labour 3. The inspector making an order report the same to the Government and shall inform the employer concerned that such report has been so made. A person. Rules regarding the washing facilities are yet to be made.

Number of Workers 0-20 21-35 36-50 51-150 151-200 200-500 * * Taken from Factory Rules. 1979. Changes brought by the new law: Number of workers per canteen has been decreased to ensure better canteen facility. 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 .2.2. 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 3.3 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. 3.2. At least one gallons of water supply for each and every worker per day employed in a factory.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. 3. All other provisions related to the management and quality of the services and food in the canteen remains unchanged.

Every factory shall be kept clean and free from effluvia arising out of any drain. has been decreased to 40 from 50.2.3.5 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.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. 1965.1 HEALTH AND HYGIENE Cleanliness Provisions of the new labour law: Section 51 of the new labour law deals with the provisions of cleanliness. staircases and passages. It is exactly the same as section 12 of the earlier Factories Act. 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. Changes in present law: Required minimum number of the female workers. privy. 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. 2006 3. for a children’s room in a factory.3 3. b) The floors of every work room shall be cleaned by washing at least once in a week using disinfectant. 3. all ceilings or tops of the rooms and walls. 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. The law provides for the following: 1. d) All inside walls and partitions. side and top of the passageways and staircase shall be- 32 . * Section 94 of Labour Law. with children below 6 years of age.

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.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. (2) 9.3. A register shall be maintained in every factory for all the required activities as described in the clause (d) above. 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. The section further provides for the following (2) The word “Drinking water” shall be legibly marked on the place.3. Following are the points important in this regard. or washing-places. but the new law has directed for a place convenient to all. (4) Oral Re-hydration Therapy for the workers. 33 . urinals. 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. (3) Cooling the drinking water in a factory during the hot weather where more than 250 workers are employed.5 (Nine and half) cubic metres of space for every single worker in a factory. working close to the machine producing excessive heat. 3. kept whitewashed or color washed at least once in every fourteen months 2. • Oral re-hydration therapy has been instructed for installation for the employees working close to machines producing excessive heat.

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 . (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) The Factory shall post a notice in each workroom.3. 3. if the Inspectors so require. 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. specifying the maximum number of workers who can be employed therein as per the above calculation. ignore the height beyond 4. 3. 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.For calculating the dimension of the aforementioned-space. Provisions shall be made (a) to prevent glare either directly from any source of light or by reflection from a smoothened or polished surface.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. (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.25 meter.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.

kept and maintained for this purpose 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. No person shall spit or litter except in the spittoon or bins. now it is paraphrased as “Spittoons and Dustbins” to include littering as well.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”. 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. 35 .3. 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. Changes in the present law: Previously the provision was only for the spittoons. however.

In the new law. or is not a member or officer of a trade union.PART 4: INDUSTRIAL RELATIONS 4. Following are the additional four activities of the employer that can be termed as the unfair labour practices from now on: 1. 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. there are 12 different activities of the employer that are termed as unfair labour practices. 2006 provides a list of conducts or activities. Instigating or seeking a person to be the member of a particular trade union. 36 . Discrimination against any person in regard to any employment. Failure to respond to any communication made by the CBA as regards to any industrial dispute 3. Willful failure in implementing the recommendation of the participation committee 2. Inducing a person to refrain from becoming. which tantamount to unfair labour practices from the part of the employer. General Secretary.1 Unfair Labour Practices from the Part of the Employers Provisions of the new labour law: Section 195 of the new labour law. Imposition of an illegal lock-out and continuance thereof and persuading a person to participate in that. 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. however. Transfer of the President. Organizing Secretary and Treasurer of a trade union 4. In the earlier laws there were eight different activities which had been termed as unfair labour practices. 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. promotion or condition of employment on the ground that such person is or is not the member or officer of trade union. Refusal to employ or refusal to continue to employ on the ground that a person is. 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. or to cease to be a member or officer of a trade-union.

Where there are more than one trade union in an establishment . Changes in present law: In the earlier laws there were six activities of the labour that were considered to be unfair labour practices. its desire to be a contestant in the secret ballot.4. Upon the receipt of the application as above the Registrar shall. Gherao or blokcade on the highways or destruction of the property including transport and vehicles. Every employer shall - 37 . Where there is only one trade union. 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 . Imposing illegal strike or go slow or persuading thereto 2.3 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). it shall be presumed that it shall not be a contestant in such a ballot/poll 5. But the new law extended the purview of unfair labour practices. 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.giving a time limit of fifteen day 4. 4. The Law provides for the following procedure: 1. Following are the addition to the list of unfair labour practices from the part of the workmen: 1. that trade union shall be taken as the Collective Bargaining Agent (CBA) for that establishment 2.2 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. the Registrar shall take necessary steps to elect the Collective Bargaining Agent. If a trade union fails to indicate within the time specified in the notice. 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.

(a) On being so required by the Registrar. Count the votes in presence of the representative of the contesting trade unions if anybody is present e. 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. Every employer shall provide for such facilities as are required by the Registrar to conduct the poll 12. 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. received by the Registrar within the specified time shall be disposed of by her/him after such enquiry as he deems necessary 8. Set the sealed ballot boxes. the Registrar shall do the following: a. if any. 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. 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. For the purpose of holding the secret ballot to determine the CBA. 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. Fix a date and intimate the same to the contesting trade unions and the employer b. Conduct the poll in the polling stations where the representative of the contesting trade unions shall have the right to enter d. which are sealed in presence of the representative of each of the contesting trade unions if any one present c. Declare the result and the name of the elected Collective Bargaining Agent. The Registrar shall make such amendments. No person shall canvas for vote within a radius of fifty yards of the polling station 13. submit to the Registrar a list of all workers employed in the establishment. Where a registered trade union is declared as the Collective Bargaining Agent according to the above rules. 6. After amendments. 38 . 14. On receipt of the list of workers from the employer. The objection. no such application for the determination of the CBA shall be entertained within the subsequent two years. alterations or modifications.

Give notice of and declare a strike in accordance with provisions of the law iv. Nominate representatives of workmen on any committee. The owner of a factory. Represent all or any of the workmen in any proceedings iii. where more than fifty permanent workers are employed. 39 .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. in addition to the right of representation of the workers in a proceedings. shall form a Participation Committee as per the rules made by the law in this behalf 2. The new law provides for a right to the Collective Bargaining Agent (CBA). The representation of the workers shall not be less than that of the employer 4.4. fund constituted as per the provisions of law or agreements. Undertake collective bargaining with the employer or the employers on matters connected with the employment. That Committee shall be formed in combination of both the workers and employers 3. Changes in the present Law: 1. Workers in the committee shall be selected on the basis of the selection of the trade unions 5. The previous law required a trade union for being a CBA to consists of at least one-third of workers as its member. 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. All other trade Unions. The workers’ representatives shall be selected in accordance with the rules. 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. except for the CBA. the right of litigation for and on behalf of the one or all of the workers under this Act 4. 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. non employment or terms of employment ii. then that shall be treated as the Collective Bargaining Agent 2.4 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. where there is no trade union in the organization. shall select their representatives equally.

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. Changes in the present Law: 1. workers education. reduce production cost. 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. Section 206 of Labour Law. The proceeding of each such meeting shall be forwarded to the Director of Labour and the Conciliator within seven days of meeting. a unit Participation Committee can be formed there. 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. occupational health and working condition • To encourage vocational training. as per the rules in this behalf 8.7. and wastes and raise quality of products. 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. 2. and family welfare training • To adopt measures for improvement of welfare services for the workers and their families • To fulfill production target.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. 4. The unit Participation Committee shall be formed with the participation of the workers employed in that unit and the representative of the employers there.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. 2006 * 40 . 4. As regard to the function of the participation committee there is no change in the new law. 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.

retrenched . • • * Section 208 of Labour Law. discharged or dismissed or otherwise terminated for which an industrial dispute has been arisen. 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. Workers and employers or employers and employers. 2006 41 . Changes in the new law: Although the meeting procedure is exactly the same as the earlier law. 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. it shall forthwith communicate the matter to the respective committee and take every possible step to implement it as early as possible. 4. without distinction whatsoever.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. But it doesn’t include any security staff like guards and fire fighter or any confidential assistant etc. Workers and employers or employers and employers.4. willful negligence will be treated as unfair labour practices. 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. and any labour who is laid off. it makes a provision of the implementation of the recommendations of the committee within the time period provided by the committee itself. without distinction whatsoever. Otherwise.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).

4. any distance and difference between workers and workers. Following are the provisions relating to industrial dispute in the present Law: 4. 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. Workers and employers or employers and employers as regards the employment. Then Chapter 14 of the Labour law 2006 deals elaborately with the procedure of raising industrial dispute and settlement thereof. 42 . 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. Age.4. required. Section 178 of the new labour code provides a list of documents.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.11. As per the section. non employment or terms of employment of workers has been termed as an industrial dispute.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.11 Industrial Dispute Provisions of the new labour law: Section 2(62) of the new labour code defines the term Industrial Dispute. 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.

11. 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. 1. Provided it can be extended beyond the period if both the parties agree in writing 3. mutually agreed upon after the matter is received 3. Arbitrator shall make an award within thirty days or within any Period.2 Settlement of Industrial Dispute* Provisions of the new labour law: Section 210 of the present law deals the procedure as the following: 1. • Conciliation If the above mentioned negotiation fails. * Section 209 of Labour Law. If the dispute is settled through conciliation the Conciliator shall report it to the government along with the settlement deed 2.4. The relevant procedure is as follows: 1. The conciliation shall be treated as to have failed. • If at any time any employer or the Collective Bargaining Agent finds any dispute is likely to arise. If the parties disagree about the Arbitration the conciliator shall issue a certificate that the conciliation has failed. 2006 43 . No appeal shall lie against the award of the Arbitrator 5. 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. • 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 Arbitrator shall provide a copy of the award to the parties and to the government as well 4. 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. 2. then it shall be forwarded to the Conciliator for the process of conciliation. if it cannot reach any conclusion even after 30 days of initiation. If it fails the conciliator shall try to manage the parties in dispute to refer the matter to an arbitrator 4. The award shall be valid for a term not more than two years.

4. When the strike or Lock-out has already commenced.11. as per that section. if it believes that it is expedient for public interest. • Any others function conferred upon or assigned by the Labour law 2006 or by any other law 44 . then any party can go to the labour court for the settlement of dispute 4. 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. 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 (6) 4. but in present law this provision has been removed.12.12. 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.4.4 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: 1.12 Labour Court: 4.2 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. the labour court shall consist of a chairman and two members to advise him. S 214(4) • Members shall be the representatives of both the employers and workers respectively. on the matter 2.1 Formation of court under the New Labour Law: • Section 214 of the labour law 2006 deals with the formation of the Labour Court. The party raising the industrial dispute. 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. The Government can stop any strike or lock-out if it continues up to a period of 30 days. 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. • 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. provided the government can stop it before the expiry of the above period.

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 .12. 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.4. Another big change is brought about in determining limitation in taking cognizance of offence in section 314 of the labour law 2006.3 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. No Magistrate court can try the offences under this Act. But previously Magistrate could try the offences. 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.

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. Manager/person assigned responsibility by the company. To fix a period not exceeding 30 days and under S. (s. 121 of new labor law 2006). No compensation. Procedure to avail the remedies A single application may be presented to the labor court under S. Ditto Remedies Up to 25 % as compensation on the wages due at that time may be ordered (S. Application to the Labor Court. 122). claim within two years of the accident or in the case of death of labor (157). 123 the payment shall be made within seven days of the expiry of the wage period.289). Ditto Ditto Ditto Ditto To give notice and The labor. 132 on behalf or in respect of any number of workers belonging to the same unpaid. 125).Obligations and Remedies Obligation To pay the workers all necessary wages (S. 134). 46 . 157). No claim for compensation shall be entertained by a Labor Court unless the notice is given after the happening thereof (S. to manufacturing or commercial secret ( S. Chief Executive Officer (CEO). Not to pay below The employer the minimum rate of wages (S. 304 ). Shall be punishable with imprisonment up to six months or with fine up to ten thousand taka or with both. No deductions shall The employer be made from the wages of a worker except those authorized (S. Ditto Not to disclose any The employer information relating and the worker. The contractor. for payment to workers appointed by the Contractor. Who is responsible Owner of the factory. 149).

103 ) . To allow one day weekly holiday for all the workers employed in a factory ( S. 101). Obligation Remedies Shall be entitled to allowance at the rate of twice his ordinary rate of basic wage ( S. worker (S. 103 ). 100). The employer. 115). To allow interval for The rest or meal for the employer. The employer. No remedy Procedure to avail the remedies Through the register and inspector (S. 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.) If the employer does not comply with this section.115). 103. Compensatory holidays of equal number of holidays so deprived (s.319 (5). To allow the workers14 day’s sick leave with full average wages (S. Ditto The employer. 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. Application to the labor court only. To allow the worker the festival leave (S.Who is responsible Not to bound The any worker to employer. or with fine which may extend to one thousand Taka. work more than eight hours (S. If this kind of leaves are not enjoyed the employer must add these leaves with next years leave. if denied he can Apply to the labor court against the employer. Single application on behalf of all the workers so aggrieved. or with both. 117). 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. To allow the worker annual leave with the wages (S. 108. The worker can Apply to the labor court if these provisions have not been com-lied with by the employer. 118 ). he will be punished with imprisonment up to three months. 47 .

37). 46 ) The person responsible The employer Remedy If any employer contravenes. 35 ). 286). Not to work in lieu of any cash or kind during the permitted period of absence by the employer (S. 284). Parent or Guardian The adolescent worker. To pay the maternity benefit to the worker (s. Rule may provide for subsequently The employer Whoever employs or permits any Application to the Labor child or adolescent to work shall Court. 49). to allow the service of the child to be utilized in any employment ( S. 287). be punishable with fine which may extend to five thousand Taka (S. Ditto Procedure The worker can Apply to the labor court if these provisions have not been complied with by the employer. Whoever Contravenes of this law shall be punishable with fine which may extend to one thousand taka. 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. The employer To pay the worker the maternity benefit in case of a women‘s death (S. 34). Procedure 48 . 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. Not available in the law. he shall be punished with the fine which may extend to five thousand taka (S. To submit the certificate of fitness (S. Not to permit any children or adolescent to work in any occupation or establishment (S. Application to the Labor Court. Remedy Application to the Labor Court. The employer Ditto Ditto The worker Shall be punishable with fine up to one thousand taka. Not to make any agreement.Obligation To allow maternity leave of 16 weeks for the mother ( S. 45 ).

may lodge complaint with the Labor Courts for action . 309 ). • Application to the Labor Court only.responsible Not to allow the The adolescent in certain employer work ( S. 284 .40). shall be punishable with the fine which may extend to five thousand Taka ( S. any other officer as well under S. 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. Application by the worker her/him self or her/his 49 . 5) to every worker. • Application by the worker. The employer To Maintain a service book for every worker (S. whichever is higher in addition to her/ his other emoluments during the retirement. or gratuity. • Application to the labor court only. The employer Whoever employs any child or adolescent to work in contravention of any provision of this Act. To pay the workers the wages for unavailed leave. The employer The worker and the employer The Chief Inspector or if authorized by him in this To issue and punishment or Fine behalf . To allow the workers Death benefit ( S.(Section 319 (5) Ditto Ditto Ditto Ditto The employer wages The employer 30 days wages for each completed year or service. 39 ) Not to be employed the adolescent on dangerous machine (S.) 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. Application to the Labor Court. To entry in the service book and signed by both the employer and worker ( S. • Application by the worker her/him self or her/his successor in case of her/his death. 19). 307. or in the case of his death to his legal representative To issue an appointment letter and an identity card with photograph (S. 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 six months thereof. 8 ).6). subordinate to him .

The worker may lodge a complaint to the Labor Court. 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.( S. No Court fees shall be payable for lodging complaint or appeal under this section ( S. 298 ). To allow the compensation in case of Discharge wage to the worker. whichever is higher. 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. 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. wages for the period of notice is given to the worker the retrenchment will be ineffective. discharge. 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. or gratuity. if any. Ditto. Ditto The employer The wages to the terminated worker for the aforesaid period of notice. Unless in lieu of such notice. serving notice to the workers (S. 24 of the labor law 2006. The employer To allow retrenchment wage to the worker. The employer To give one months notice to the worker in writing. To terminate a worker. 30 days wages for every completed year of service or the gratuity. 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.off workers (S. Imprisonment for 3 years and also liable to fine ( S. Procedure If denied he can apply to the labor court with that against that denier. 27). whichever is greater. To give notice to the worker to dismiss unless he is convicted by any criminal court or his / her misconduct is proved under S. 17). 33 ). Not to deprive of worker from the payment of provident fund ( S. Ditto The employer The payment in lieu. retrenchment. 50 . successor in case of her/his death. indicating the reasons for retrenchment. 23).Obligation To maintain the Master-roll for the laid.

To ensure safety measures relating to building and machineries (S. dismissal and termination. 31). discharge. may lodge complaint with the Labor Courts for action . removal. 62). behalf . machinery or building. To send notice of The certain disease of employer or worker ( S. any other officer subordinate to him . dismissal. Obligation To issue the certificate of service at the time of the workers retrenchment. (S. The person responsible The employer Remedy To have the certificate issued by the employer Procedure Ditto. 75). 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. 61) To be precaution against dangerous fumes To Provide suitable goggles for the protection of the worker (S.(Section 319 (5) If any injury is caused to any worker because of the use of such equipment. 30). retirement or termination of service (S. Ditto The worker may apply to the labor court if these provisions have not been com-lied with by the employer. The employer Ditto The employer The employer Ditto Ditto Ditto Ditto 51 . 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 . 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 ).working days(S.

Obligation To maintain a first aid box fro the worker in the factory (in S. To have sufficient number of latrines and urinals for the workers (S. shall be punishable with imprisonment for a term up to two years. 60). or with fine which so aggrieved. 52 . S. To have a rest room and a children room for the worker (S. To maintain Oral rehydration therapy. To maintain the register for the worker. 56). 89).57). or with fine which may extend The aggrieved person shall Application to the labor court under S. 51). To keep the factory cleans (S. To maintain the effective arrangement of sufficient supply of drinking water (S. 59). The employer Ditto Ditto. 213 for violation. 195 deals with unfair interference about being member of trade union. 93). 91 in labor law 2006). 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. The person Remedy Procedure responsible The employer If the employer does not • Application to the labor comply with this section. To maintain adequate washing facilities and canteen in all the factory (S. 58) To maintain the arrangement of sufficient and suitable lightning (S . or with both. To maintain sufficient number of dustbins and spittoons (S. may extend to one thousand Taka. To arrange sufficient free space for the workers (S. The employer Ditto Ditto. he court only. will be punished with • Single application on imprisonment up to three behalf of all the workers months.

Obligation S. Application to the Labor Court. 303) Worker and employer. the trade Union may Appeal to the Labor Court within 30 days Application to the Labor Court. Application to the Labor Court. seven days Application to the Labor Court. or with fine which may extend to five thousand Taka or with both. 294). The Director Issue the certificate within of Labor. Imprisonment for one year or five thousand taka fine or both (S.296). When the director of Labor rejects the application. Six months imprisonment or five thousand taka fine or both. 291 (1 ). 182 ). Imprisonment up to six months and fine up to two thousand taka or both (S. or with both under S. 234). Application to the Labor Court. To establish the participation fund and welfare fund (S. 299). Worker and employer.to ten thousand taka. Application to the Labor Court. 53 . Worker and employer.295). 300).. Imprisonment for one year fine with five thousand taka or both (S. Not to be a member of more than one trade union (S. The employer Punishment with imprisonment up to six months or fine up to two thousand taka or both (S. Not to take part or instigate or incites to go slow. 189) Under S.. Worker The Company. To issue Certificate of registration ( S.193). Worker and employer. Not to produce false statement ( S. Imprisonment of one year or fine with five thousand taka or both (S. Not to take part any unlawful strike and lock-out (S.236). 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. Not to instigate illegal strike or lock out. 227). Application to the Labor Court. 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. Fine with not more than ten thousand taka and one thousand taka more in case of failure (S.

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