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Term Paper on

Implementation of the FACTORIES ACT-1965, in case of


welfare measures- a case study on Pran-Rfl group

Term Paper on
Implementation of the FACTORIES ACT-1965, in case of
welfare measures- a case study on Pran-Rfl group

Submitted to
Dr. Nazrul Islam
LL.B,MBA,Ph.D

Submitted by
Uma Islam(ID-1405023)
Md. Rejaul Karim(ID-1405031)
Khondokar Shah Md. Shohidullah(ID-1405065)
Md. Masheur Rahman(ID-1405067)

Date of Submission: December 11, 2014

LETTER OF TRANSMITTAL

Date: December 11, 2014


To
Dr. Nazrul Islam
Subject: Submission of Term Paper.
Dear Sir,
Here we are submitting our term paper on implementation of the Factories Act-1965in
case of welfare measures prescribed by you on your course Legal Environment of
Business. For this purpose, we have gone through internet, different books, articles, and
journals, interview of authorities and employees of the respective organizations for the
relevant information of the assigned topic.
Please call us for any further information at your convenient time and place.
Sincerely,
Uma Islam(ID-1405023)
Md. Rejaul Karim(ID-1405031)
Khondokar Shah Md. Shohidullah(ID-1405065)
Md. Masheur Rahman(ID-1405067)

DECLARATION
We do hereby solemnly declare that the work presented in this Term Report has been
carried out by ours and has not been previously submitted to any other University/
College/ Organization for an academic qualification/ certificate/ diploma or degree.
The work we have presented does not breach any existing copyright and no portion of this
report is copied from any work done earlier for a degree or otherwise.
We further undertake to indemnify the Department against any loss or damage arising
from breach of the foregoing obligations

Name

ID

Uma Islam

1405023

Md. Rejaul Karim

1405031

Khandokar Shah Md. Shahidullah

1405065

Md. Masheur Rahman

1405067

Signature

ACKNOWLEDGEMENT
It is indeed a great pleasure and honor on our part to have the opportunity to submit this
report after completing the class session of the Third semester of EMBA program.
At the very beginning, we would like to express my deepest gratitude to almighty
ALLAH for giving me the strength and the composure to finish the report.
The successful accomplishment of this work is the outcome of the contribution of a
number of people, especially who took the time and effort to share their thoughts and
suggestions to improve the report of us on the topic of Implementation of the Factories
Act-1965,in case of welfare measures, a case study on PRAN-RFL group.
In preparing the report we have taken great assistance and support from some people . We
are thankful to the respective personnel specially Md. Mahmudul Hasan, Manager
Operations of this organization because they showed their highest degree of temperament
in answering our relentless questions. Such if their friendly cooperation and kindness did
not even allow us to strive for a single moment for.
We would like to express thanks to the authors, researchers, article, writers and friends
who helped us in every stage of the report by providing valuable information and
suggestion in respect of preparing this report.
Then we would like to give thanks to Dear Sir Dr Nazrul Islam for his guidance,
inspiration and logical help.

TABLE OF CONTENTS
Contents

Page no.

Letter of transmittal
Declaration
Acknowledgement
Executive summary

CHAPTER: 1 Introduction
1.1

Over view of PRAN- RFL group


1.2 Scope and objectives of the report
1.3 Limitation of the study

CHAPTER: 2 Methodology of the study


2.1 Data source
2.2 Data collection
2.3 Data analysis and desing

CHAPTER: 3 Law Regarding Welfare Measures


3.1.1 First-Aid Appliances
3.1.2 Maintenance of Safety Record Book
3.1.3 Washing Facilities
3.1.4 Canteens
3.1.5Shelters or Rest Room and Launch Room
3.1.6 Rooms for Children
3.1.7 Introduction to Compulsory Group Insurance
3.1.8 Maternity Welfare Facilities

3.2 Analysis part

CHAPTER: 4 Conclusion and Recommendation


4.1 Findings
4.2 Recommendation
4.3 Conclusion
Bibliography

EXECUTIVE SUMMERY
This report is an assigned job as partial fulfillment of course requirement by honorable
course teacher Dr, Nazrul Islam. The view of this report is to find out the implementation
of the Factories Act-1965 in case of welfare measures through out PRAN-RFL group.
PRAN-RFL group now makes a great position in the market of Bangladesh. Welfare
measures are very important for a well-structured and well-recognized organization to
gear up its working conditions and run its work with disciplined and smooth way.
According to our survey, we found that PRAN-RFL group all ways tries to follow the
Factories Act-1965, Bangladesh labor act-2006. Their thinking is to achieve the
organizational target with full participation of the employees and give maximum welfare.

CHAPTER 1: INTRODUCTION
1.1 OVER VIEW OF PRAN- RFL GROUP
It has already been obtained the ISO certificate. Their ISO mark is ISO-9001 and it was
obtain Poverty and hunger are curses- mission of PRAN-RFL group. So their aim is to
generate employment and earn dignity and self respect for our competitors through
profitable enterprises.
For the achievement of this mission and aim the most recognized PRAN-RFL group was
established and started manufacturing in 1982.
PRAN means,
P- Program for
R- Rural
Advancement
N- Nationality
RFL means,
R- Rangpur
F- Foundry
L- Limited
(It is a water pump and plastic pipe industry)
From the time being it has now 17 associated companies and they are beverage, property,
agro based, tube wells, plastic pipes, etc. these associated industries are in
Natore
Rangpur
Ghorashal and
Dhaka after the three years of their manufacturing.
Major General (Ret) Amzad Khan Chowdhry people of Natore, was the founder and the
managing director of PRAN-RFL group. His son Mr. Ahsan Khan Chowdhury is the
deputy managing director of this group.
PRAN-RFL group is now one of the greatest and significant and most successful
company in Bangladesh. They are now challenging the other multinational companies.
They are now sending their products to abroad by ensuring their quality. Their export
products such as rice, dal, mango bar, juice, mineral water, chatni, tea, white vinegar etc.
They are a raising and developing company in Bangladesh. They may be and ideal for
infant industries of our country.

1.2 SCOPE AND OBJECTIVE OF THE REPORT


As a business expectative of future, we should have to gather experience beside our
institutional education. We should not concern our lesson only in classroom but to
implement it in practical life that will help us in our future life.
So, identify objectives is very much important. Our purpose of preparing the report is:
To identify and know the Factories Act, 1965.
To identify how the organization maintains their welfare measures regarding
the employees.
To know how the organization uses the welfare measures to achieve the
organizational goals and objectives.
To find out how effectively the Factories Act, 1965 work in the organization.
To learn implementation of Labor Act through analysis etc.

1.3 LIMITATION OF THE STUDY


It was not so easy to us prepare such type of report as the following reasons was existed.
This report is based on the Factories Act, 1965 in case of welfare measures. We
dont have sufficient knowledge about Business and Industrial Law.
This is an analysis based report. An analysis on law is very difficult and it needs
sufficient time. But we do not have surplus time to make such kind of analytical
report.
As the PRAN-RFL group is a private organization, the authority try to keep some
information confidential. As a result we were not capable to collect the total
expected information from them.
Although we face some limitation, we were trying our best to overcome these
complexities and provide information as far as possible.

CHAPTER 2: METHODOLOGY OF THE STUDY

2.1 DATA SOURCE:


The study is by using both analytical and descriptive type of methodology. The study
depends on primary and secondary data. Based on the pilot study, questionnaire is
modifying suitably to elicit response from the sample.
1. Primary data source: We primarily collect data from the employee of the PRANRFL group.
2. Secondary data source: Internet, Journal, Magazines, Publications, Research
report, Company publication.

2.2 Data collection:


Collection of data is an important part of a term paper preparation. In preparing the report
we have maintained some steps. Which are given bellow
Step-1: At first, we select PRAN-RFL group for making our report on
implementation of the Factories Act, 1965 in case of welfare measures practices
of a particular organization.
Step-2: We contact to the PRAN-RFL group employee with group and email the
employee and went to meet the worker of the factory.
Step-3: Then we collect various data from the employee about the
implementation of the Factories Act, 1965 in case of welfare measures
Step-5: Again analysis and interpretation the data.
Step-6: Finally, we prepared our report.

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2.4 Data analysis and design:


According to the factory law the following 11 question we are asked to the employee. The
format of the question are open ended and simply ask the employee about welfare facility
of the factory. The question is given below:
1. How much worker work in your factory?
2. Do you have the adequate and suitable facility for washing and bathing?
3. Do you have separate and adequate screened facility for male and female
workers?
4. Is there any canteen in your factory?
5. Is a standard of the canteen good?
6. Do you have the rest room and launch room in your factory?
7. Do you have any health care centre in your factory?
8. Is the company give you any kind of Medical facility?
9. According to the law every factory worker must have the policy of group
insurance. Is this policy maintained by your factory?
10. Is there any maternity welfare facility for the women worker and how long it
gives?
11. Is there any payment of maternity benefit in case of the death of women?

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CHAPTER3: LAW REGARDING THE FACTORIES ACT, 1965 IN


CASE OF WELFARE MEASURES
3.1 LAW REGARDING WELFARE MEASURES

LEGAL PROVISION REGARDING UNDER LABOR LAW


The purpose of welfare facilities is to build up from the bottom, to control work for
people so as to enable them to give their best and to train them to understand their
obligation and responsibilities. The Factories Act, 1965, the Plantation Labors Ordinance,
1963, the Mines Act, 1923, the Dock Labors Act, 1934 dealt with the problem of welfare
of the industrial workers in the environment of factories, plantation and mines before the
legislation of the Bangladesh Labor Act, 2006. Information relating to certain welfare
facilities, such as canteen, crches and rest-shelters for industrial workers, is gradually
becoming available, at any rate, in respect of factory workers, as the use of new forms
prescribed under the Bangladesh Labor Act, 2006 is being enforced. This Act ensures all
welfare facilities including first-aid appliance, washing facilities, canteen facilities,
shelter or rest rooms and suitable launce room facilities, rooms for children, recreational
and educational facilities and house building facilities for daily necessities in tea estate,
medical care for newspaper employees and compulsory group insurance.

FIRST-AID APPLIANCES
Section 89 of the Act ensures for provision of medical facilities for the workers. The
section clearly lays down that
1) There shall, in every establishment be provided and maintained, so as to be readily
accessible during the working hours, first-aid boxes or almirahs equipped with the
prescribed contents.
2) The number of such boxes or almirah shall not be less than one for every fifty
workers ordinarily employed in the establishment.
3) All such boxes and almirahs shall be kept in charge of a responsible person who is
trained in first-aid treatment and who shall always be available during the working
hours of the establishment.
4) A notice shall be affixed in every work-room stating the name of person in charge
of the first-aid box or almirah provided in respect of that room and such person
shall wear a badge so as to facilitate identification.
5) In every establishment wherein three hundred or more workers are employed,
there shall be provided and maintained and ambulance room or dispensary of the
prescribed size containing the prescribed equipment or similar facilities, in the
charge of such medical and nursing staff as may be prescribed.
The first-aid boxes or cup-board shall be distinctively marked with a red cross on a white
ground and shall contain the following equipment

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For factories in which the number of persons employed does not exceed ten or in
the case of factories in which mechanical power is not used does not exceed fifty
persons, each first-aid box or cupboard shall contain the following equipmenti)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)

6 small sterilized dressings,


3 medium size sterilized dressings,
3 large size sterilized dressings,
3 large size sterilized burn dressings,
1 (1 oz.)bottle containing a 2percent alcoholic solution of iodine,
1 (1 oz.) bottle containing rectified spirit,
One pair of scissors,
One copy of first-aid leaflet,
Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions

For factories in which mechanical power is used and in which the number of
persons employed exceeds ten but does not exceed fifty, each first-aid box or cupboard shall contain the following equipmenti)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)

12 small sterilized dressings,


6 medium size sterilized dressings,
6 large size sterilized dressings,
6 large size sterilized burn dressings,
6 ( oz.)packets of sterilized cotton wool,
1 (2 oz.)bottle containing a 2percent alcoholic solution of iodine,
1(2 oz.) bottle containing rectified spirit,
1 roll of adhesive plaster,
Tourniquet,
One pair of scissors,
One copy of first-aid leaflet,
Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions.

For factories employing more than fifty persons, such first-aid box or cupboard shall contain the following equipmenti)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)

24 small sterilized dressings


12 medium size sterilized dressings,
12 large size sterilized dressings,
12large size sterilized burn dressings
12 ( oz.)packets of sterilized cotton wool,
Tourniquet,
1 (4 oz.)bottle containing a 2percent alcoholic solution of iodine,
One pair of scissors,
1(4 oz.) bottle containing rectified spirit,
One copy of first-aid leaflet,
12 ( 4 inch wide) roller bandages,
12 ( 2 inch wide) roller bandages,
2 rolls of adhesive plaster,
6 triangular bandages,
2 packets of safety bandages,
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xvi) 2 packets of safety pins,


xvii) A supply of suitable splints, and
xviii) Analgesic tablets, ointment for burns and suitable surgical antiseptic solutions

MAINTENANCE OF SAFETY RECORD BOOK


Section 90 of the Bangladesh Labor Act provides that a compulsory safety record book
and safety board as prescribed by rules shall be provided and maintained where more than
25 workers works in every establishment. To maintain Safety Record Book is the new
provision for the management of welfare facilities.

WASHING FACILITIES
The Factories Act, 1965 has mentioned regulation regarding enough washing facilities.
According to section 91
(i) In every establishment-s
a) Adequate and suitable facilities for washing and bathing shall be provided and
maintained for the use of the workers therein.
b) Separate and adequately screened facilities shall be provided for the use of male
and female workers; and
c) Such facilities shall be conveniently accessible and shall be kept clean.
(ii) The Government may, in respect of any establishment, prescribe standards of
adequate and suitable facilities for washing.

CANTEENS
Section 92 of the Act provides that
(1) An adequate canteen shall be provided for the use of workers in any establishment
wherein more than one hundred workers are ordinarily employed.
(2) The Government may, by rule, provide for
(a) The standards in respect of construction, accommodation, furniture and
other equipment of the canteen.
(b) The constitution of a managing committee for the canteen and representation of
the workers in the management of the canteen,
(3) The managing committee shall determine the type of foodstuff to be served therein the
charges, which may be made therefore.

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SHELTERS OR REST ROOM AND LAUNCH ROOM


Section 93 of the Act states that(1) In every establishment wherein more than fifty workers are ordinarily employed,
adequate and suitable shelters or rest rooms, and a suitable lunch room with provision for
drinking water where workers can eat meals brought by them, shall be provided and
maintained foe the use of the workers:
Provided that any canteen maintained in accordance with the provisions of section 92
shall be regarded as part of the requirements of this sub-section.
Provided further that where lunch room exists, no workers shall eat any food in the work
room.
(2) The shelters, rest rooms or lunch rooms provided under subsection (1) shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
(3) In every establishment wherein more than 25 women workers are employed, separate
rest rooms shall be provided for male and female workers and where less than 25 female
workers work, the portion of the rest room for female workers shall be separated by a
curtain.

ROOMS FOR CHILDREN


Establishments employing 40 or more women are required to maintained crches for the
use of children below 6. Section 94 of the Bangladesh Labor Act stipulates the following
provisions regarding crches for any establishment:
(i)
(ii)
(iii)

(iv)
(v)
(vi)

In every establishment, wherein more than forty women workers are ordinarily
employed, there shall be provided and maintained a suitable room or rooms
for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation, be adequately lighted and
ventilated and maintained in a clean and sanitary condition, and shall be under
the charge of women trained or experienced in the care of children and infants.
Such rooms shall be conveniently accessible to the mothers of the children
accommodation therein and so far as is reasonably practicable it shall not be
situated in close proximity to any part of the factory where obnoxious fumes,
dust or odious are given off or in which excessively noisy processes are
carried on.
Such rooms shall be soundly constructed and all the walls and roof shall be of
suitable heat resisting materials and shall be water proof.
The height of such rooms shall not be less than 300 centimeter from the floor
to the lowest part of the roof and there shall be not less then 600 centimeter of
floor area for each child to be accommodated.
Effective and suitable provisions shall be made in every part of such rooms for
securing and maintaining adequate ventilation by the circulation of fresh air.

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(vii)

(viii)

Such rooms shall be adequately furnished and quipped and in particular there
shall be one suitable cot or cradle with the necessary bedding for each child, at
least one chair or equivalent seating accommodation for the use of each
mother while she is feeding or attending to her child and a sufficient supply of
suitable toys for the older children.
A suitable fenced and shady open air play-ground shall be provided for the
older children.

INTRODUCTION TO COMPULSORY GROUP INSURANCE


Section 99 of Labor Act ensures that the Government shall by rules introduce provision of
group insurance for those establishments where at least 200 workers work.

MATERNITY WELFARE FACILITIES


Before enactment of the Bangladesh Labor Act, 2006, the Maternity Benefit Act, 1934,
the Mines Maternity Benefit Act, 1941 and the Maternity Benefit (Tea Estate) Act, 1950
dealt with the employment of women in certain establishment for a certain period before
and after childbirth and provides for maternity and other benefits. The Act applies to
mines, factories, circus, industry, plantation, shops and establishments employing five or
more persons. Employers are also mandated to provide maternity benefits to the
employee who has completed at least six months of service with the employer by the date
of confinement. Every pregnant labor has been provided progenitor welfare facilities
before and after eight weeks from the date of confinement. The benefit consists of a
payment depending on current wages for eight weeks before and eight weeks after the
birth of the child. Employers are also prohibited to force any progenitor engaging in any
work after the date of confinement. Employers are also prohibited to discharge, dismiss,
and terminate any progenitor labor before six months by the date of confinement and after
eight weeks by the date of confinement. If the woman dies on the day of confinement and
within 8 weeks on the day of confinement, maternity benefits are to be paid to the person
who takes care of the child. If both the woman and the child die, the benefit is to be paid
to the person she nominated, or if no such nomination has been made, to her legal
successors.

WHAT IS MATERNITY BENEFIT?


Every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit, which is the amount payable to her at the rate of the average daily wage
for the period of her actual absence.

PROHIBITION OF EMPLOYMENT OF WOMEN WORKERS


The employment of women in certain cases has been restricted by section 87 of the
Bangladesh Labor Act. Section 45 of the Factories Act, 1965 prohibits workings any
establishment and employer shall not knowingly employ a woman during the eight
weeks immediately following the day of her delivery in any establishment.

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1) The employer may not employ a woman during the eight weeks immediately
following the day of her delivery.
2) No woman shall work during the eight weeks immediately following day of her
delivery.
3) No employer shall employ a woman for any difficult work, or for which the
woman workers has to work by keeping herself standing for a long time, or for
any work which is harmful to her if
He has reason to believe or if she has informed him that she is likely to deliver a
child within ten weeks.
She has to the knowledge of the employer delivered a child within the preceding
ten weeks.
Provided that in the case of a tea plantation worker she may under take light work in the
plantation for so long as the medical practitioner of tea plantation certifies that she is
physically fit to do so and for the days that she does such work, she shall be paid at the
prevailing rate of pay for such work, and such pay shall be paid to her in addition to the
maternity benefit.
The Factories Act, 1965 also Prohibits for employment of woman in certain cases by the
section 39, 40, and 42. Section 39 of the Act prohibits the employment of woman in
following
No woman shall be allowed in any factory to clean any part of machinery
while that part is in motion.
No woman shall be allowed in any factory to lubricant any part of machinery
while that part is in motion.

No woman shall be allowed in any factory to adjust any part of


machinery while that part is in motion and

No woman shall be allowed in any factory to work between moving parts


or between fixed and moving parts of any machinery which is in motion of
machines which are in motion.

Section 40 of the Bangladesh Labor Act does not allow for employment of woman on
dangerous machine. Power presses other than hydraulic presses, milling machines used in
the metal trades, guillotine machine; circular saws and plate printing machines are treated
as dangerous machines.
Section 42 of the present Labor Act also prohibits for employment to work of woman in
underground or under water. No adolescence male and adolescence female shall be
employed in any establishment to lift, carry or move by hand or on head, unaided by
another person, any material article, tool or appliance exceeding 50 lbs and 40 lbs
respectively in weight.

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RIGHT TO AND LIABILITY FOR PAYMENT OF MATERNITY BENEFIT


To get the maternity benefit is a right of the women workers in any establishment under
the Bangladesh Labor Act, 2006 and payments of maternity benefit under this Act are
made by the employers. Legislation concerning the payment of maternity benefits, before
and after confinement, was in operation in any establishment in Bangladesh. Section 46 if
the Bangladesh Labor Act states that
(i)

Every woman employed in any establishment shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit in respect of the
period of eight weeks preceding the tentative date of her delivery and eight
weeks immediately following the sway of her delivery.

Provided that a woman shall not be entitled to such maternity benefit unless she has
worked with the employer for not less than six months immediately preceding the
tentative date of her delivery
(ii)

No women worker shall be entitled to such benefit if she has, at the time of
delivery, two or more children alive; however, will be entitled to any leave
which she is otherwise entitled.

PROCEDURE REGARDING PAYMENT OF MATERNITY BENEFIT

According to section 47 of the Factories Act, 1965 states that


(1) Any pregnant woman who is entitled to maternity benefit under this Act may on
any day give notice either orally in person or in writing to the employer that she
expects to deliver a child with eight weeks of the notice and such notice shall
include the name of the nominee of the benefits in case she dies during delivery.
(2) If no such notice is given by the woman and she has delivered a child, she shall,
within seven days of the delivery, give notice to the employer that she has given
birth to a child.
(3) When such notice under sub-section (1) or (2) is received by the employer, he
shall permit the woman to be absent herself from work for eight weeks
a). from the day following the date of notice under subsection (1);
b). from the day of delivery in the case of notice under subsection (2)
(4) An employer shall pay maternity benefit to a woman entitled thereto in such one
of the following ways as the woman desires, namely

Or eight weeks within three working days of the


production of a certificate signed by a medical practitioner stating that the
woman is expected to be confined within eight weeks of the date of certificate
and for the remainder of the period for which she is entitled to maternity benefit
within three working days of the production of the Proof that she has given birth
to a child.

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For the said period up to and including the day of delivery within three working
days of the production of proof that she has given birth to a child and for the
remainder of the said period, within eight weeks of the production of such proof,
or
For the hole of said period, within three working days of the production of proof
that she has given birth to a child;
Provided that a woman shall not be entitled to any maternity benefit or any part thereof,
the payment of which is dependent upon the production if proof under this sub-section
that she has given birth to a child, unless such Proof is produced within three months of
the day of delivery.
(5) The proof is required to be produced under sub-section (4) shall be either a
certified extract from a birth register under the Birth and Deaths Registration Act
2004 (Act no. 29 of 2004) or certified from a registered practitioner or any other
proof acceptable to the employer.

AMOUNT OF MATERNITY BENEFIT


Section 48 of the Factories Act, 1965 states that
(1) The maternity benefit which is payable under this Act shall be payable at the rate
of daily, weekly or monthly average wages as the case may be, shall be calculated
in the manner laid down in sub-section (2); and shall be made wholly in cash.
(2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as
the case may be, calculated by dividing the total wages earned by the women
during the three months immediately preceding the date on which she gives notice
under this Act by the number of days she actually worked during the period.

PAYMENT
WOMAN

OF

MATERNITY BENEFIT

IN CASE OF THE

DEATH

OF A

According to section 49 of the Bangladesh Labor Act,


(1) If a woman entitled to maternity benefit under this Act dies on the day of her
delivery or during the period of eight weeks thereafter in respect of which she is
entitled to the maternity benefit, the liability of the employer under this Act shall
not, by reason of her death, be discharged, and he shall pay the amount maternity
benefit due, if the newly born child survives her, to the person who undertakes the
care of the child and, if the child does not survive her, the person nominated by
her under this Act, if there is no nominated person, to her legal representative.
(2) If a woman dies during the period in respect of which she is entitled to maternity
benefit, but before giving birth t a child, the employer shall be liable to pay
maternity benefit of the period which she was entitled up to the date of her death
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but if the benefit already given is more than the amount she is entitled to, yet such
additional amount cannot be taken back and any amount due at the death of the
woman shall be paid to the person nominated by her under this Act, or if she has
made no such nomination t her legal representative.

PROHIBITION OF DISMISSAL OF WOMAN IN CERTAIN CASES


Section 50 of the Factories Act states that if the employer gives notice or order of
dismissal, discharge, or removal to a woman without sufficient cause within a period of
six months before her delivery and eight weeks after delivery, she will not be deprived of
the maternity benefit to which but for such notice she may have become entitled under
this Act.
Based on this Law we have chosen or observed a particular organization named PRANRFL group, Dhaka Bangladesh.
Dhaka
It has already been obtained the ISO certificate. Their ISO mark is ISO-9001 and it was
obtained after the three years of their manufacturing.
Major General (Ret) Amzad Khan Chowdhry people of Natore, was the founder and the
managing director of PRAN-RFL group. His son Mr. Ahsan Khan Chowdhury is the
deputy managing director of this group.
PRAN-RFL group is now one of the greatest and significant and most successful
company in Bangladesh. They are now challenging the other multinational companies.
They are now sending their products to abroad by ensuring their quality. Their export
products such as rice, dal, mango bar, juice, mineral water, chatni, tea, white vinegar etc.
They are a raising and developing company in Bangladesh. They may be and ideal for
infant industries of our country.

3.2 ANALYSIS PART


On the basis of Factories Act, 1965, in PRAN-RFL group

FIRST AID APPLIANCES


From the law we have come to know that, during the working hours there must be first
aid boxes or almirahs with prescribed contents. And we observed that, in every factory of
PRAN-RFL group, there is a health care center. This health care center provides medical
facilities for the workers. If the workers face any minor accident, this health care center
provides first aid facilities. They have a contract with IBNA SINA where they provide
higher medical facilities for the workers of the factory.

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According to law, these boxes and almirahs should be kept in charge of a responsible
person who is trained enough. This group has four well trained medical assistant for each
factory. They provide 24 hours medical facilities for the officers as well as the workers.
There is a notice board in front of each health care center which shows the name of the
supervisors who is in duty. They have also one doctor for each factory.
According to the law for three hundred and more workers there shall be provided and
maintained an ambulance room. In PRAN-RFL group they dont have this separate room
or individual ambulance facility. But the supervisor and the duty doctor are responsible
for this facility.

MAINTENANCE AND SAFETY RECORD BOOK.


According to law every organization consist of more than 50 workers must have to
maintain a safety record book. PRAN-RFL group maintain the safety and record book
where they write all the daily informations. To maintain this book they have a maintainer
who is responsible for this. This book also contain the entry and exist time of each and
every employee with their signature, so that in any time they can figure out the total
employees with their position. It is both helpful for the officers and the mid and lower
level employees.
For every machinery they keep log book. This book is also maintained by a diploma
engineer of mechanical. This book is also contain the date of purchase and expected
working life. It helps them in charging depreciation and gets the salvage value.

WASHING FACILITIES
According to law there must be some washing facilities include bathroom (separate for
male and female) and keep the factory clean PRAN-RFL group provides washing
facilities for the workers. They provide bathroom and washing facilities for separately
male and female. But there is a problem in the out-side factory of Dhaka. Such as in
Ragnpur, Natore they have toilets other than bathrooms.
But there is a own provision that each and every worker is bound to wash there hands and
leg in the washing room before entering the factory.

CANTEENS
Law says that if the quantity of employees exceed hundred than there should adequate
canteen which is well furnished and with essential furniture. This canteen should be
maintained by a managing committee. The managing committee should supply the
hygienic foods. In PRAN-RFL group there are canteens in every factory. They dont have
any managing committee. They just give lease to the outside people but the leasee is
liable to follow the rules and regulation of the company.

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SHELTERS OR REST ROOM AND LAUNCH ROOM


There are launch room for the workers where they can took their meal. There is a rule,
those factories which have launch room the workers are bound to take their launch in the
launch room and no workers can eat any food in the working room. But in those factories,
if there is not any launch room, the canteen is used as a launch room. There is no separate
launch room for the male and female workers. There is not any rest room for the workers;
the workers use the canteen as a rest room.

ROOMS FOR CHILDREN


From the law we have come to know that, if there are 50 or more than 50 women workers
than there should be maintained rules for children, where the children of under 6 years
will be cared.
But in PRAN-RFL group has no such kind of rooms for children. The workers are not
allowed to bring their children with them in the factory. So there is no question of have a
room for children. But it is in there plan to establish rooms for children in the future.

COMPULSORY GROUP INSURANCE


According to rules if quantity of workers is more than 200 than it is compulsory to group
insurance for the employees. And this rules maintained by PRAN-RFL group.

MATERNITY WELFARE FACILITIES


1. Prohibition of employment of women workers
According to law, no women shall work during the eight weeks immediately following
the day of her delivery, and no employer shall employ a woman for any difficult work for
a long time before and after delivery. PRAN-RFL group gives at least 3 months maternity
leave with pay.
2. Right to and liability for payment of maternity benefit
Every woman employed in any establishment shall be entitled to and liable for the
payment of maternity benefit, within the tentative date of her delivery and after delivery.
PRAN-RFL group gives only the salary but there is no other additional benefit.
3. Payment of maternity benefit in case of the death of a woman
No additional benefit is given to the woman other than their salary by the PRAN-RFL
group. But they give the sum of total salary of three months by cheque. In case of death of
a woman in the time of delivery, this cheque will be transferred to her husband or any
other nominated person.

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CHAPTER4: Conclusion and Recommendation


4.1 FINDINGS
1. They provide the medical care center for the workers in every factory, which contains
one doctor and supervisor. Their medical care center doesnt supply any drug for the
employees.
2. They keep safety and record book as well as log book for machinery.
3. They provide a well structure and well furnished canteen. They do not have any
managing committee regarding the canteen. There is also lack of supervise the canteen.
For this reason, sometimes the employees supper for lack of hygienic food.
4. They have adequate washing facilities in the factories, which are in the Dhaka city. But
the factories which are not in the city of Dhaka dont have enough washing facility for the
workers.
5. Some of their factories have launch room but some of the factories have no launch
room. Where there is no any launch room the canteen room is used as a launch room.
6. They have not any kind of rest room in any factory. So, that the employees use the
canteen as a rest room. Under this circumstances, the canteen sometime turn into a very
crowded place.
7. They do not provide any kind of room for the workers children and it is restricted to
bring the children in the factory.
8. They provide three months maternity leave for each and every women employee.
Moreover, with in this period they give the salary of the employee by cheque.
9. There is no other benefit for the women workers in the time of delivery and after the
time of delivery.

4.2 CONCLUSION
This modern world is running smoothly with the help of following some rules in every
sector. As like other sector, business sector is very much important to run smoothly. That
is why the Labor and Business Act emerged. And, with the help of this Act and with the
direct supervision of the Act each and every industry should run. Otherwise, they will fail
in the competition as well as they will lose their legal entity. On the other hand, this era is
the time of complex competition. Every organization tries to use the competitive
advantage. So, it is not good for any organization to give his competitive advantage to
others. For this reason, our observed organization PRAN-RFL groups always try to
maintain the Factories Act, 1965. If every organization strictly follow rules and regulation
of Labor Act then it will helpful for the people to get greater benefit. If they have so then

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they will give their highest productivity that will increase the whole productivity of the
organization, which will increase the national growth of the country. So, for our own
interest and development we must try to maintain the Labor Act as proper as possible.

4.3 RECOMMENDATION
From the above discussion, we have come to know that PRAN-RFL group always tries to
follow the Factories Act, 1965, Bangladesh Labor Act, 2006. But not in every sector they
are succeed. There are some short comings. They have to try to minimize it. They are as
follows
1. In first-aid appliances, they have to try to supply some medicines for the
employees so that the employees can have it easily in the time of emergency.
2. The factories, which are located outside of Dhaka city, do not have enough
facilities for washing. They should try to provide the washing facilities towards
the factory, which are not in the Dhaka city.
3. They do not have any managing committee for the canteen. They should try to
build up a managing committee for the canteen.
4. They dont have any separate launch room in several factories. They should try to
build up launch rooms in each and every factory.
5. There is no separate entity of rest room in PRAN-RFL group. They should build
up this concept for the welfare of the employees.
6. In this modern time, more and more female workers are coming to the work. So,
they must try to build rooms for children.
7. Their maternity facility is not enough for the women employees. They should try
to give some additional benefit in the time of delivery to the women employees.

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BIBLIOGRAPHY
1. http://www.pranfoods.net/who_we_are.php
2. http://www.ilo.org/dyn/natlex/docs/WEBTEXT/47346/65073/E65BGD01.htm
3. Kuchhal, (2000), Mercantile Law, 5th Edition
4. Khan, A.A., Bangladesh Labor and Industrial Law
5. http://www.ilo.org/dyn/natlex/docs/WEBTEXT/47348/65074/E65BGD02.htm

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Appendix

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1. How many workers work in your factory?


Ans: 80000
2. Do you have the adequate and suitable facility for washing and
bathing?
Ans: Yes, we have
3. Do you have separate and adequate screened facility for male and
female workers?
Ans: Yes we have
4. Is there any canteen in your factory?
Ans: Yes
5. Are you satisfied with the standard of the food provide by the
canteen?
Ans: Definitely
6. Do you have the rest room and prayer room in your factory?
Ans: Yes we have.
7. Do you have any health care center in your factory?
Ans: We ensure it.
8. Do the company provide any kind of Medical facility?
Ans: 24 hours
9. According to the law every factory worker must have the policy of
group insurance. Is this policy maintained by your factory?
Ans: Yes we are maintaining
10.Is there any maternity welfare facility for the women worker and how
long it gives?
Ans: Yes. 3 months
11. Is there any payment of maternity benefit in case of the death of a
woman?
Ans: This issue goes under insurance policy and factory worker
welfare Association . And we strictly maintain those policy.

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