BEPZA Act 2019 English

MD. NESAR AHMED BIPLOB E-mail : biplob98@gmail.
com
MBA, LL.B, PGDHRM Cell # 01707554418
The BEPZA act 2019 is translated into in ENGLISH in good faith; not for creating any confusion under
this Act, rules, regulations, administrative orders and directions. Translation is just for an idea, it may
have lac of legal & official words of BEPZA act 2019.
Bangladesh Parliament
Dhaka, 16 Falgun 1425 / 28 February 2019
The following act adopted by Parliament which has been received the consent of the President on 16
Falgun 1425 & 28 February 2019 accordingly and the act is hereby made public.
Act no 2 of year 2019
In Industrial establishment under EPZ or zone, for the purpose of making rules of worker employment,
relationship between employees & employer, fixation of minimum wages rate, wages payment,
compensation for injury by accident while working, workers health, safety, inspection, etc and
constitution of workers welfare association and EPZ workers welfare association & industrial relationship
related existing act repealed and for re-enacting it.
As in Industrial establishment under EPZ or zone, for the purpose of making rules of worker employment,
relationship between employees & employer, fixation of minimum wages rate, wages payment,
compensation for injury by accident while working, workers health, safety, inspection, etc and
constitution of workers welfare association and EPZ workers welfare association & industrial relationship
related existing act repealed and for re-enacting it is necessary & required;
So, hereby the act is done : -
ASSISTANT MANAGER – HR
JAY JAY MILLS (BANGLADESH) PRIVATE LIMITED
MD. NESAR AHMED BIPLOB E-mail : biplob98@gmail.com
CHAPTER I
PRELIMINARY
1. Short title, commencement and application: (1) This Act may be called the Bangladesh
EPZ labour Act, 2019
(2) this Act shall extend to workers & owners of Industries of all EPZ under Bangladesh Export
Processing Zone or Zone‘s.
(3) It shall come into force at once.
2. Definitions: In this Act, unless there is anything repugnant in the subject or context,-
(i) ‗Retirement‘ Means retirement from employment of a worker under section 24.
(ii) ‗Partial disablement‘ means, where the disablement is of temporary nature, such
disablement as reduces the earning capacity of a worker in any employment in which he was
engaged at the time of the accident resulting in the disablement, and, where the disablement is of
a permanent nature, such disablement as reduces his earning capacity in every employment
which he was capable of undertaking at that time:
Provided that every injury specified in the First Schedule shall be deemed to result in permanent
partial disablement;
(iii) ―EPZ‖ or ―Area‖ or ―Export Processing Zone‖ or ―Zone‖ means any establishment or
controlled EPZ or Area or Economic Zone or same any specialized area under the authority.
(iv) ―EPZ Labour court‖ means a labour court established under section 133;
(v) ―EPZ Labour Appellate Tribunal‖ means the EPZ labour appellate tribunal established
under this section 136;
(vi) ‗Manufacturing process‘ means processes of preparing or producing any goods or product
in an establishment or providing services
(vii) ―Authority‖ means Bangladesh Export Processing Zones Authority established under
Bangladesh Export Processing Zones Authority Act, 1980 (Act No. XXXVI of 1980);
(viii) ―Hours of work‖ means the time during which the workers employed are at the disposal of
the employer excluding any interval allowed for rest and meals;
(ix) ―Counselor‖ means employed counselor under sub section (2) of section 125.
(x) ―Factory‖ means any Industry and any workshop under it, building or premises thereof
whereon (10) ten or more workers ordinarily work ;
(xi) ―Company‖ means Company Act, 1994 (Act 18 of year 1994) any registered company
under it, whereas one or more establishments are available under any zone;
(xii) ―Termination of employment‖ means the remove or termination of services of a worker by
himself or dismisses, terminate, retrenchment by the employer from his service;
(xiii) ―Retrenchment‖ means the termination by the employer of services of workers, not as a
measure of punishment but on the ground of redundancy;
(xiv) ―Discharge‖ means the termination of services of a worker by the employer for reasons of
physical or mental incapacity or continued ill-health of a worker;
(xv) ―Schedule‖ means any schedule of these act;
(xvi) ―Day‖ means a period of twenty-four hours beginning at 6.00 am;
(xvii) ―Code of civil procedure‖ means code of civil procedure, 1908(Act no V of 1908);
(xviii) ―Strike‖ means cessation of work by a body of persons employed in any industrial
establishment acting in combination or a concerted refusal, or refusal under a common
understanding of any number of persons who are or have been so employed to continue to work
or to accept employment;
(xix) ―Executive Chairman‖ means Executive Chairman of the Authority;
(xx) ―Executive Committee‖ means according to constitution of workers welfare association,
executive committee that responsible for management or related to the association;
(xxi) ―Executive Director(Labour & Industrial relationship)‖, ―Additional Executive
Director (Labour & Industrial relationship)‖, ―Director (Labour & Industrial relationship)‖,
―Deputy Director (Labour & Industrial relationship)‖, ―Assistant Director (Labour & Industrial
relationship) shall mean persons so appointed to execute & responsible for related to labour &
industrial relationship of zones under chapter XIV;
(xxii) ―Specified‖ means specified by the Authority;
(xxiii) ―Calendar month or year‖ means Gregorian calendar month or year;
(xxiv) ―Shift‖ means, where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such periods;
(xxv) ―Dependent‖ means in relation to a deceased worker -
(a) wife/husband, minor child, unmarried daughter, or a widowed mother; and
(b) wholly or partly dependent on the earnings of the worker at the time of his death,
Father, widowed daughter , minor brother, an unmarried or widowed sister, a widowed
daughter-in-law, a minor child of a deceased son, a minor child of a deceased daughter where no
father of the child is alive or, where no parent of the worker is alive, a paternal grandparent;
(xxvi) ―Regulations‖ means regulations made under this Act;
(xxvii) ―Maternity benefit‘ means the sum of money payable under the provisions of chapter III
to a woman worker with leave;
(xxviii) ―Adult‖ means a person who has completed eighteenth year of age;
(xxix) ―Code of criminal procedure‖ means Code of Criminal Procedure, 1898 (Act No. V of 1898);
(xxx) ―Dismissal‖ means the termination of services of a worker by the employer for
misconduct;
(xxxi) ―Rule” means rule made under this Act;
(xxxii) ‗Illegal strike‘ or ‗illegal lock-out‘ means illegal strike or illegal lock-out accordance
with the provisions of section 145;
(xxxiii) ―Provident fund‖ means under section 164 formed provident fund for the employees of
any industrial establishment;
(xxxiv) ‗Wages‘ means all remuneration, expressed in terms of money or capable of being so
expressed, which would, if the terms of employment, expressed or implied, were fulfilled, be
payable to a worker in respect of his employment or of work done in such employment, and
includes any other additional remuneration of the nature aforesaid which would be so payable,
but does not include-
(a) the value of any house accommodation, supply of light, water medical attendance or
other amenity or of any service excluded by general or special order of the government,
(b) any contribution paid by the employer to any pension fund provident fund,
(c) any traveling allowance on the value of any traveling concession,
(d) any sum paid to the worker to defray special expenses entitled on him by the nature of
his employment;
(xxxv) ‗Inspector General‘ means any member of authority so appointed by the Government
under chapter XIV for executing inspection related issues industrial establishment of zones and
‗Additional Inspector General‘, ‗Joint Inspector General‘, ‗Deputy Inspector General‘ concerned
other Officer inspection and Inspector‘ means shall respectively mean persons so appointed or
responsible by the authority under this chapter;
(xxxvi) ‗Employer‘ in relation to an establishment, means any person who employs workers
therein and includes-
(a) a heir, successor, assign, guardian or legal representative, as the case may be, or such
person;
(b) any manager or person responsible for the management and control of the establishment.
(xxxvii) ‗Settlement‘ means a settlement arrived at in the course of a conciliation proceeding,
and includes an agreement between an employer and his worker arrived at otherwise than in the
course of any conciliation proceedings, where such agreement is in writing, has been signed by
the parties thee to;
(xxxviii) ‗Arbitrator‘ means a person appointed as such under sub section (1) of section 125 for
arbitration or settlement;
(xxxix) ‗Machinery‘ means all machineries for commodities or production of products or
services that used and includes prime movers, transmission machinery and other appliance
whereby power is generated, transformed, transmitted or applied;
(xxxx) ‗Vehicle‘ means any mechanically propelled vehicle, used or capable of being used for
the purpose of road transport and includes a trolley vehicle and a trailer;
(xxxxi) ‗Collective bargaining agent‘ means selected representatives of executive committee of
registered workers welfare association of industrial establishments in the matter of collective
bargaining;
(xxxxii) ‗Registered medical practitioner‘ means any person registered as such under the
medical and dental council Act, 2010 (LXI of 2010)
(xxxxiii) ‗Award‘ means the determination by an arbitrator, EPZ Labour court, or by the EPZ
Labour Tribunal any industrial dispute or any matter relating there to and includes an interim
award; an interim award;
(xxxxiv) ‗Lock-out‘ means the closing of a place of employment or part of such place, or the
suspension, wholly or partly, of work by an employer, or refusal, absolute or conditional, by an
employer to continue to employ any number of workers employed by him, where such closing,
suspension or refusal occurs in connection with the industrial dispute or is intended for the
purpose of compelling workers employed the industrial dispute or is intended for the purpose of
compelling workers employed to accept certain terms and conditions of or affecting
employment;
(xxxxv) ‗Lay-off means the failure, refusal or inability of an employer on account of shortage of
coal, power or raw material or the accumulation of stock or the break-down of machinery to give
employment to a worker;
(xxxxvi) ‗Industry‘ means any industrial organization or factory established in a zone approved
by the Authority for the manufacture or production of goods or products or services;
(xxxxvii) ‗Industrial dispute‘ means any dispute or difference between employers and workers
which is connected with the employment or the terms of employment or the conditions of work
of any person;
(xxxxviii) ‗Worker‘ means any adult person who is not under definition of employer (including
an probationer) employed in any establishment or industry, to do any skilled, unskilled, manual,
technical, trade promotional or clerical work for hire or reward, whether the terms of
employment be expressed or implied, but does not include a person employed mainly, as an chief
executive officer, executive or in a managerial or administrative capacity or any person related to

managing and controlling who is liable to the employer ;
(xxxxix) ―Workers welfare association‖ means formation of workers welfare association under
chapter IX of this act, related to execute relationship between employers and workers;
(L) ‗Federation of Workers welfare societies‘ means a federation of registered Workers
welfare societies of any EPZs under chapter IX;
(Li) Related to Workers welfare association, ―Representative‖ means elected member of
executive committee of such association;
(Lii) ‗Week‘ means a period of seven days beginning at 6.00 AM on Friday or such other night
as may be fixed by the government in relation to an establishment in any area;
(Liii) ‗Total disablement‘ means such disablement, whether of a temporary or permanent
nature, as incapacitates a worker for all work which he was capable of performing at the time of
the accident resulting in such disablement;
Provided that permanent total disablement shall be deemed to result from the permanent total
loss of the sight of both eyes or from any combination of injuries specified in the First Schedule
where the aggregate percentage of the loss of earning capacity as specified in that schedule
against those injuries, amounts to one hundred percent;
(Liv) ‗Conciliation‘ means any conciliation under chapter X
(Lv) ‗Conciliator‘ means a person appointed as such under section 130;
3. Law prevails - Regardless of whether there is anything else in force for the time being, the
rules of this Act will prevail.
CHAPTER II
EMPLOYMENT AND CONDITIONS OF SERVICE
4. Conditions of employment : (1) In every establishment employment of workers and other
matters incidental thereto shall be regulated in accordance with the provisions of this act:
Provided that any establishment may have its own rules regulating employment of workers, but
no such rules shall be less favorable to any worker than the provisions of this act.
(2) The service rules in any establishment as mentioned in the proviso to sub-section (1) shall be
submitted for approval by the employer of such establishment to the Additional Inspector
General and Inspector General may approve or cancel with explanation within six months of the
receipt thereof make such order therein as he deems fit.
(3) No service rules as mentioned in sub-section (2) shall be put into effect except with the
approval of the Additional Inspector General.
(4) Any person aggrieved by the order of the Additional Inspector General may, within thirty
(30) days of the receipt of the order, may prefer appeal to the Executive Chairman and the order
of the Executive Chairman on such appeal shall be final.
5. Classification of workers and period probation: (1) workers employed in any establishment
shall be classified in any of the following classes according to the nature and condition of work;
namely
(a) apprentice,
(b) casual,
(c) temporary,
(d) probationer, and
(e) permanent.
(2) A worker shall be called an apprentice if he is employed in an establishment as a learner, and
is paid an allowance during the period of his training.
(3) A worker shall be called a casual worker if his employment in an establishment is of casual
nature.
(4) A worker shall be called a temporary worker if he is employed in an establishment for work
which is essentially of temporary nature, and is likely to be finished within a limited period.
(5) A worker shall be called a probationer if he is provisionally employed in an establishment to
fill a permanent vacancy in a post and has not completed the period of his probation in the
establishment.
(6) A worker shall be called a permanent worker if he is employed in an establishment on a
permanent basis or if he has satisfactory completed the period of his probation in the
establishment.
(7) The period of probation for a worker whose function is of clerical nature shall be six months
and for other workers such period shall be three month:
Provided that in the case of a skilled worker, the period of probation may be extended by an
additional period of three months if, for any circumstances, it has not been possible to determine
the quality of his work within the first three months‘ period of his probation.
6. Letter of Appointment and Identity Card : No employer shall employ any worker without
giving such worker a letter of appointment and every such employed worker shall be provided
with an identity card with photograph.
7. Service book, form of service book, etc : Every employer shall, at his own cost, provide a
service book for every worker employed by him and the service book shall be of such size and in
such form as may be prescribed by the Authority.
8. Register of workers and supply of tickets and cards: (1) The employer of every
establishment shall maintain a register of workers, to be available to the appointed Officer for
inspection or Counselor cum Inspector at all times during working hours.
(2) The Authority may make rules prescribing the form of the register of workers, the manner in
which it shall be maintained, the period for which it shall be preserved and the procedure of
inspection.
(3) The employer shall supply 1 (one) Ticket or card to every worker.
9. Procedure for leave: (1) A worker can enjoy the leave that he deserves and the leave
availability will be calculated according to the English calendar year.
(2) A worker can enjoy any general or special leave declared by the Government in addition to
the leave he deserves.
(3) The authorities will determine the holiday system and other matters.
(4) The Authority may at any time declare a general leave to an industrial establishment of a
zone or to all industrial establishments simultaneously or to all industrial establishments of all
zones.
Provided that the specified leave shall be treated as ordinary working day and the employer shall
be paid to the workers for such leave.
10. Payment of wages for unveiled leave: If the services of a worker, to whom any annual
leave is due, is dispensed with whether as a result of retrenchment, discharge, removal,
dismissal, termination, retirement or by reason of his resignation before he has availed of any
such leave, the employer shall pay his wages in lieu of the unveiled leave at the rate he is entitled
to the payment of wages during the period of leave in accordance with the provisions of this Act.
11. Stoppage of work : (1) The employer may, at any time, in the event of fire, catastrophe,
breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or any other
cause beyond his control, stop any section or sections of the establishment, wholly or partly for
such period as the cause for such stoppage continues to exist.
Provided that after the closure order has been issued, it must be notified to the Authority
immediately and the decision of the Authority in this regard shall be final.
Provided that, in case of an emergency hazard, equipment degradation, power supply

discontinuity or other reasons beyond the control of the employer, the employer may, at the
permission of the authority, at any time, partially or completely terminate any branch or branch
of his organization and will be able to keep the order until such time as it will exist.
(2) In the event of such stoppage occurring at any time beyond working hours, the employer
shall notify the workers affected, by notice posted on the notice board in the section or
department concerned or at a conspicuous place in such establishment before the work is due to
begin next.
(3) In the notice mentioned in sub-section (2) direction shall be given indication as to when the
work will be resumed and whether such workers are to remain at their place of work at any time
before the actual resumption.
(4) In the event of such stoppage occurring at any time during working hours, the workers
affected shall be notified, as soon as practicable, in the manner specified in sub-section (2)
indicating as to when the work will be resumed and whether such workers are to leave or remain
at their place of work.
(5) In the case where workers have been directed to stay at their place of work following such
stoppage, the workers so detained may not be paid for the period of such detention if it does not
exceed 1 (one) hour, and the workers so detained shall be paid wages for the whole period of
such detention if it exceeds one hour.
(6) If the period of stoppage of work does not exceed 1 (one) working day, a worker, unless
entitled to wages under sub-section (5), may not be paid any wages.
(7) If the period of stoppage of work continues for more than 1(a) working day, a worker
affected, other than a casual worker, shall be paid wages for day or day by which it will exceed 1
(one) working day.
(8) If the period of stoppage of work extends beyond 3 (three) working days, the workers may be
laid off in accordance with the provisions of section 15.
(9) A lay-off mentioned in sub-section (8) shall be effective from the day of stoppage of work
and any wage paid to a worker for the first 3 (three) days may be adjusted against the
compensation payable for such subsequent layoff.
12. Closure of establishment : (1) The employer may, in the event of an illegal strike by any
section or department of any establishment, close down either wholly or partly such section or
department and the workers participated in the illegal strike hall not be paid any wages for such
closure.
(2) Where by reason of closing down of any section or department of any establishment under
subsection (1) any other section or department is so affected that it is not possible to keep that
section or department open, that section or department may also be closed down and the workers
affected thereby shall be paid wages as in the case of lay-off for a period of three days and
thereafter they may not be paid any wages for such closure.
(3) The fact of such closure shall be notified by the employer, as soon as practicable, by notice
posted on the notice board in the section or department concerned or at a conspicuous place in
the establishment and the fact of resumption of work, following such closure, shall likewise be
notified.
13. Calculation of ‘One year’, ‘six months’ and ‘wages’ in certain cases : (1) For the purpose
of this chapter, a worker who, during the preceding twelve calendar months, has actually worked
in an establishment for not less than two hundred and forty days and one under and twenty days
as the case may be shall be deemed to have completed ‗one year‘ or ‗six months‘ respectively of
continuous service in the establishment.
(2) For the purpose of calculation of the number of days on which a worker actually worked in
an establishment as mentioned in sub-section (1) the days on which-
(a) the days during which he has been laid-off;
(b) the days has been on leave with or without wages due to sickness or accident;
(c) the days has been on legal strike or out of work due to illegal lock-out;
(d) in the case of female worker, she has been on maternity leave not exceeding sixteen
weeks; shall be counted.
(3) For the purpose of calculation of compensation under section 18,19 or 20 or wages under
section 20, 21, 22 or 23 ‗wages‘ shall mean the average of the basic wages and dearness
allowance and adhoc or interim pay, if any, paid to the worker during the period of twelve
months immediately preceding the date of his retrenchment, dismissal, removal, discharge,
retirement or termination of employment, as the case may be.
14. Restrictions of application of sections 11, 15, 16 and 17. : Notwithstanding anything
contained elsewhere in this chapter, the provisions of sections 11, 15, 16 and 17 shall not apply
to any establishment in which 5 (five) or more workers are not employed, or were not employed
on any day of the preceding 12 (twelve) months.
15. Right of laid-off workers for compensation : (1) Whenever a worker, other than a casual
worker, whose name is borne on the muster-rolls of an establishment and who has completed
not less than 1 (one) year of continuous service under the employer is laid-off, he shall be paid
compensation by the employer for all days during which he is so laid-off, except for such weekly
holidays as may intervene.
(2) The amount of compensation as mentioned in sub-section (1) shall be equal to half of the
total of the basic wages and dearness allowance, and ad-hoc or interim pay, if any, and the full
amount of housing allowance, if any, that would have been payable to him had he not been so
laid-off.
(3) A worker whose name is borne on the muster-rolls of an establishment shall cease to be
regarded as ‗casual‘ or ‗others worker‘ for the purpose of this section, if he has completed one
year of continuous service in the establishment.
(4) No worker shall, unless there is an agreement to the contrary between the worker and the
employer, be entitled to the payment of compensation under this section for more than 45 (forty-
five) days during any calendar year.
(5) Notwithstanding anything contained in sub-section (4), if during a calendar year a worker is
laid-off for more than 45 (forty-five) days, whether continuously or intermittently, and the lay off
after the expiry of the first 45 (forty-five) days comprises period or periods of 15 (fifteen) days
or more, the worker shall, unless there is an agreement to the contrary between the worker and
the employer, be paid compensation for all the days comprised in every subsequent period of lay-
off for 15 (fifteen) days or more.
(6) The amount of compensation as mentioned in sub-section (5) shall be equal to one-fourth of
the total of the basic wages and dearness allowance, and ad-hoc or interim pay, if any, and the
full amount of housing allowance, if any.
(7) In any case where, during a calendar year, a worker is to be laid off after the first forty-five
days as aforesaid, for any continuous period of fifteen days or more, the employer may, instead
of laying off such a worker, retrench him under sub section (1) of section 19.
16. Muster-roll for laid-off workers : Notwithstanding that the workers employed in an
establishment have been laid-off, the employer shall maintain a muster-roll, and provide for the
making of entries therein by or for the laid-off workers whom may present themselves for work
at the establishment at the appointed time during normal working hours.
17. Laid-off workers not entitled to compensation uncertain cases : (1) Notwithstanding
anything contained elsewhere in this chapter, no compensation shall be payable to a worker who
has been laid-off-
(a) if he refuses to accept on the same wages, any alternative employment not requiring any
special skill or previous experience, in the same establishment for which he has been laid-off, or
in any other establishment belonging to the same employer and situated in the same town or
village or situated within a radius of 8 (eight) kilometers from the establishment;
(b) If he does not present himself for work at the establishment at the appointed time during
normal working hours at least once a day if so required by the employer.
(2) For the purpose of sub-section (1) (b), every laid-off worker who presents himself for work at
the establishment at the time appointed for the purpose during normal working hours on any day
and is not given employment by the employer within two hours of his so presenting himself,
shall be deemed to have been laid- off for that day within the meaning of this section.
(3) If a laid-off worker who presents himself for work as mentioned in sub-section (2), instead of
being given employment at the commencement of any shift for any day, is asked to present
himself for the purpose during the second half of the shift for the day, and if he so presents
himself, he shall be deemed to have been laid-off only for one-half of that day, the other half
being treated as on duty, irrespective of the fact whether he is given work or not.
18. Death benefit : If a worker dies while in service for at least more than 01 (one) year
continuously under an employer, such employer shall pay as compensation 30 (thirty) days
wages or, in the case of his death while working in the establishment or in the case of his death
following an accident while working in the establishment 45 (forty five) days wages for every
competed year of his service or any part thereof exceeding 6 (six) months to the nominee of the
deceased worker or, in the absence of the nominee, to his dependent and this money shall be in
addition to the retirement benefit to which the deceased worker would have been entitled had he
retired from service.
19. Retrenchment & re-employment of retrenched worker : (1) A worker employed in an

establishment may be retrenched from service on the ground of redundancy and it must be
notified to the Authority.
(2) No worker who has been in continuous service for not less than 1 (one) year under an
employer shall be retrenched by the employer unless-
(a) The worker has been given 1 (one) months‘ notice in writing, indicating the reasons for
retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice;
and
(b) he has been paid, compensation which shall be equivalent to 30 (thirty) days wages for every
completed year of service.
(3) where any number of workers are retrenched, and the employer proposes to take into his
employ any worker within a period of one year from the date of such retrenchment, he shall give
an opportunity to the retrenched workers belonging to the particular category concerned by
sending a notice to their last known addresses, to offer themselves for employment, and the
retrenched workers who so offer themselves for re-employment shall have preference over other
retrenched workers, each having priority according to the length of his service under the
employer.
20. Discharge : (i) A worker may be discharged from service for reasons of physical
or mental incapacity or continued ill-health certified by a medical practitioner of zone‘s medical
or registered medical practitioner.
(2) If a worker who has completed not less than 1 (one) year of continuous service is so
discharged, he shall be paid by the employer compensation at the rate of 30 (thirty) days basic
wages for every completed year of service.
21. Misconduct and punishment for conviction: (1) Notwithstanding anything regarding lay-
off, retrenchment, discharge and termination of service as provided elsewhere in this Act, a
worker may be dismissed without prior notice or pay in lieu thereof if he is-
(a) convicted for any criminal offence ; or
(b) he is found guilty of misconduct under provided regulations.
(2) A worker charged for misconduct may be suspended pending enquiry into the charges against
him and unless the matter is pending before any EPZ labour court, the period of such suspension
shall not exceed 60 (sixty) days;
Provided that during the period of such suspension, a worker shall be paid by his employer a
subsistence allowance equivalent to half of his average wages, and dearness allowance and ad-
hoc or interim pay, if any.
(3) Other misconduct and related punishments under this section, order of punishment, procedure
of investigation, etc and other matters shall be determined by the prescribed regulations.
22. Termination of employment by employers otherwise than by dismissal, etc. : (i) the
employer, otherwise, than in the manner provided else-where in this chapter -
(a) 120 (one hundred and twenty) days‘ notice, if he is a permanent worker;
(b) 60 (sixty) days‘ notice, in case of other worker.
the employment of a worker may be terminated by giving to him in writing.
(2) Where an employer intends to terminate the employment of a worker without any notice, he
may do so by paying to the worker, wages in lieu of the notice, which is enquired to be given
under subsection (1), as the case may be.
(3) Where the employment of a permanent worker is terminated under this section, he shall be
paid by the employer compensation at the rate of 30 (thirty) day‘s wages for every completed
year of service, in addition to any other benefit to which he may be entitled under this Act.
23. Termination (resign) of employment by workers : (1) A permanent worker may resign
from his service by giving to the employer in writing 30 (thirty) day‘s notice
(2) A temporary worker may resign from his service by giving to the employer in writing 15
(fifteen) day‘s notice.
(3) Where a worker intends to resigns from his service without any notice, he may do so by
paying to the employer wages in lieu of the notice which is required to be given under sub-
section (1) or (2), as the case may be.
(4) Where a permanent worker resigns from his service under this section, he shall be paid by the
employer as compensation for every completed year of service -
(a) at the rate of 15 (fifteen) days wages, if he has completed 5 (five) years of continuous service
or more but less than 10 (ten) years;
(b) at the rate of 30 (thirty) days wages if he has completed 10 (ten) years of continuous service
or more but less than 25 (twenty five) years;
(5) Compensation under sub section (4) in addition to any other benefit to which he may be
entitled under this Act.
24. Retirement from service : (1) A worker employed in any establishment shall,
notwithstanding anything contained elsewhere in this chapter, retire from employment ipso facto
on the completion of the 60 (sixty) years of his age.
Provided that a worker, after completing 25 (twenty five) years of service, may retire at any time
by giving written notice, at any time, 30 (thirty) days prior to his / her possible retirement.
(2) For the purpose of counting age of the worker under this section the date of birth recoded in
the service book of the concerned worker shall be the conclusive proof.
(3) Every retiring permanent worker under the provisions of this section, employer, shall be paid
at the rate of 45 (forty five) days basic wages for every completed year of service and
compensation in addition to any other benefit to which he may be entitled under this Act or
under own service rule of the establishment, shall be paid his benefits due to him.
25. Payment of provident Fund : No worker, who is a member of any provident fund, shall be
deprived due to retrenchment, dismissal, removal, discharge or termination of service or death of
the benefit of the provident fund including the employer‘s contribution thereto, if he is entitled to
it under the regulation.
26. Time limit of payment of worker : (1) No workers payment period shall not be exceeded
more than 1 (one) month.
(2) A worker whose wages are paid for a period his wages must be paid within 7 (seven)
working days of the end of that period.
.
27. Certificate of service : Any worker other than a casual worker shall be entitled to a
certificate of service from his employer at the time of his retrenchment, discharge, dismissal,
removal, retirement or termination of service.
28. Grievance procedure : (1) Any worker, including a worker who has been laid-off,
retrenched, discharged, dismissed, removed, or otherwise removed from employment, who has
grievance in respect of any matter covered under this chapter, and intends to seek redress thereof
under this section, shall submit his grievance to his employer, in writing, by registered post
within 30 (thirty) days of being informed of the cause of such grievance.
Provided that if the employer acknowledges receipt of the grievance, in that case the service by
registered post shall not be essential.
(2) Under sub section (1) complaints, investigations, executions and other related matters shall
be determined by the regulations.
CHAPTER : III
MATERNITY BENEFIT
29. Employment of women worker prohibited during certain period : (1) No employer shall
employ a woman in his establishment during the 8 (eight) weeks immediately following the day
of her delivery.
(2) No woman shall work in any establishment during the 8 (eight) weeks immediately following
the day of her delivery.
(3) No employer shall employ any woman for doing any work which is of an arduous nature or
which involves long hours of standing or which is likely to adversely affect her health; if he
has reason to believe or if she has informed him that she is likely to be delivered of a child
within 10 (ten) weeks or she has been delivered of a child within the preceding 10 (ten) weeks:
Provided that in case of tea plantation worker, a woman worker can undertake light work if and
for so long as the medical practitioner of the concerned tea estate 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 which
she may be entitled to receive under existing this Act.
30. Right to, and liability for, payment of maternity benefit : (1) every woman employed in
an establishment shall be entitled to and her employer shall be liable for, the payment of
maternity benefit in respect of the period of 8 (eight) weeks preceding the expected day of her
delivery and 8 (eight) weeks immediately following the day of her delivery :
Provided that a woman shall not be entitled to such maternity benefit unless she has worked
under the employer, for a period of not less than 6 (six) months immediately preceding the day of
her delivery.
(2) No maternity benefit shall be payable to any woman if at the time of her confinement she
has 2 (two) or more surviving children, but in that case she shall be entitled to the leave to which
she would otherwise be entitled.
31. Procedure regarding payment of maternity benefit : Any pregnant woman entitled to
maternity benefit under this act may, give notice to her employer as determined by the regulation
and employer shall pay maternity benefit with leaves to the concerned female employee.
32. Amount of maternity benefit : (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,
calculated in the manner laid down in sub-section (2), and such payment 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, shall be calculated by dividing the total wages earned by the woman during the three
months immediately preceding the date on which she gives notice under this act by the number
of day she actually worked during the period.
33. Payment of maternity benefit in case of a woman’s death : (1) If a woman entitled to
maternity benefit under this act dies at the time of her delivery or during the next period of 8
(eight) weeks, the employer shall pay the amount of maternity benefit due, as determined by the
regulation and to the person.
(2) If a woman dies during the period for which she is entitled to maternity benefit but before
giving birth to a child, the employer shall be liable only for the period up to and including the
day of her death, provided that any sum already paid to her in excess of such liability shall not be
recoverable from her legal representative, and any amount due at the woman‘s death shall be
paid to the person nominated by her under this chapter, or if she has made no such nomination, to
her legal representative.
34. Restriction on termination of employment of a woman in certain cases : If any notice or

order of discharge, dismissal, removal or termination of employment is given by an employer to
a woman within a period of 6 (six) month before and 8 (eight) weeks after her delivery and such
notice or order is given without sufficient cause, she will not be deprived of any maternity
benefit to which she would have become entitled under this chapter.
CHAPTER: IV
OCCUPATIONAL HEALTH PROTECTION SYSTEM,
CLEANLINESS, SAFE WORKING ENVIRONMENT, SAFETY AND
WELFARE
35. General rules on health & safety : (1) It is the duty and responsibility of the employer of
every industrial organization to provide and maintain a standardized safe workplace and a
healthy and normal working environment for the workers working in his industrial establishment
or factory.
(2) Each employer shall take the following steps in the manner prescribed by the regulations in
his industrial establishment –
(a) Provision and maintenance of safe factory building and interior systems of the building,
floors, stairs and transit paths and machinery or plant or working system for the safety and
security of human life or safety;
(b) To ensure the absence of risks to the safety and health of any product, substance, etc its use,
storage and delivery;
(c) To ensure that workers' occupational health protection and safety in the workplace are made
aware of each worker by providing necessary guidance and training in the field;
(d) Providing workers with appropriate protective clothing and personal protective equipment to
avoid accidents involving hazardous machinery, toxic chemicals or special purposes at no cost;
(e) Provision of first-aid equipment, the supply and maintenance of necessary fire-fighting
equipment on every floor of the factory building, and instructions or notice to the workers on the
use of these safety equipment and equipment;
(f) Provide security to the equipment when using machinery or in a different state;
(g) All arrangements are made to stop the explosion in such a way that the gas, smoke, vapor or
dust raised by the process of production is of such nature or to such extent that it is likely to
explode or ignite;
(h) Provide separate and adequate toilets and toilet rooms for male and female workers in each
institution and keep them clean and hygienic.
(i) In every establishment, to provide sufficient pure water for all the workers in a convenient
location for drinking;
(h) Preservation of safety record book, safety committee formation, welfare officer recruitment,
washing facility, canteen, child care etc welfare arrangements;
(g) To take effective preventive measures if the person involved in the operation is likely to
suffer physical injury, poisoning or illness.
(3) Authority shall take the following steps for health & safety in the manner prescribed by the
regulations in industrial establishment –
(a) Proper measures for the removal of any waste caused by the production process;
(b) Arrangement of cleanliness, ventilation and temperature, dust and smoke, artificial
humidification, overcrowding, lighting systems, garbage boxes and fixtures;
(c) Regarding equipment enclosure, working on or near moving equipment, striking gear and
separation of power supplies, cranes and other lifting equipment, hoists and lifts, rotating
equipment, press plants, overweight, hazardous explosives or combustible gases, dust, smoke,
etc its warning system and eye protection;
(d) Provision for notice of hazardous drive, creepy event, accident, disorder;
(e) Ability to detect faulty parts or test its stability, ability to direct investigations into accidents
or illnesses, ability to collect samples, additional inspector powers in some hazards, information
about hazardous buildings and machinery, hiring of female workers for certain tasks;
(f) Safety of factory buildings and fires.
36. Introduction of compulsory group insurance: (1) In an establishment where at least 25

(twenty five) permanent workers are employed, the employer shall introduce group insurance
under the existing insurance laws.
(2) The amount claimed as insurance shall be in addition to the other dues of a worker under this
Act:
Provided that the recovery of the insurance claim due to death of a worker shall be the
responsibility of the employer and he shall make arrangement for payment of the amount so
recovered from such insurance claim directly to the dependents:
Provided further that notwithstanding anything contrary contained in any other law, where any
insurance claim is made under this section, it shall be settled by joint initiatives of the insurance
company and the employer within 120 (one hundred and twenty) days from the date of raising
such claim.
37. Medical center : (1) Each zone will have a medical center.
(2) Each industrial establishment shall be a member of the medical center of the respective
zones, and contributions and other matters payable by the member shall be determined by the
authority.
CHAPTER V
WORKING HOUR AND LEAVE
38. Daily working hours : No worker shall ordinarily be required or allowed to work in an
establishment for more than 8 (eight) hours in any day:
Provided that, subject to the provisions of section 40, any such worker may work in an
establishment not exceeding 10 (ten) hours in any day.
39. Interval for rest or meal : Any worker in any establishment shall not be liable to work
either-
(a) for more than 6 (six) hours in any day unless he has been allowed an interval of at least 1
(one) hour during that day for rest or meal;
(b) for more than 5(five) hours in any one day unless he has been allowed an interval of at least
30 (thirty) minutes during that day for rest or meal; or
(c) for more than 8 (eight) hours unless he has had an interval under clause (a) or two such
intervals under clause (b) during that day for rest or meal.
40. Weekly hours : (1) No worker shall ordinarily be required or allowed to work in an
establishment for more than 48 (forty-eight) hours in any week.
(2) Subject to the provisions of section 45, a worker may work for more than 48 (forty-eight)
hours in a week:
Provided that the total hours of work of a worker shall not exceed 60 (sixty) hours in any week
and on the average 56 (fifty-six) hours per week in any year:
Provided further that the Authority, if satisfied that in public interest or in the interest of
economic development such exemption or relaxation is necessary, in certain industries, by order
in writing under specific terms and conditions, may relax the provision of this section or exempt,
for a maximum period of 6 (six) months, from the provision of this section at a time.
41. Weekly holiday: A worker employed in an establishment shall be allowed in each week one
day‘s holiday and no deduction on account of such holidays shall be made from the wages of any
such worker.
42. Compensatory weekly holiday: Where, as a result of the passing of an order or the making
of a rule under the provisions of this act exempting an establishment or the workers therein from
the provisions of section 41, a worker is deprived of any of the weekly holidays provided for in
that section, he shall be allowed, within next 6 (six) days, compensatory holidays, of equal
number to the holidays so deprived of.
43. Night shift: Where, a worker in an establishment works on a shift which extends beyond
midnight:
(a) for the purposes of section 41 a holiday for a whole day shall mean in his case a period
of 24 (twenty-four) consecutive hours beginning from the end of his shift; and
(b) the following day for him shall be deemed to be the period of 24 (twenty-four) consecutive
hours beginning from the end of this shift and the hours he has worked after midnight shall be
counted towards the previous day.
44. Restriction on hours of work on a vehicle : No worker shall work or be allowed

to work on a vehicle or more than one vehicles in excess of the period during which he may be
lawfully employed under this Act.
45. Extra-allowance for overtime : Where a worker works in an establishment on any day or
week for more than the hours fixed under this Act, he shall, in respect of overtime work, be
entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance
and ad-hoc or interim pay, if any.
46. Limitation of hours of work for women : No women shall, without her consent, be allowed
to work in an establishment between the hours of 08.00PM and 6.00 AM.
47. Restriction on double employment : No worker shall be employed or allowed to be

employed for work in more than one establishment on any day, except on permission in writing
from the Additional Inspector General on such terms and conditions as he may impose.
48. Notice of periods of work for worker : (1) There shall be displayed and correctly
maintained in every establishment, a notice of periods of work for workers showing clearly the
periods which workers may be required to work.
(2) Regulation shall be determined by the working hours of the workers engaged in the
industrial establishment and other matters related thereto.
49. Hours of work to correspond with notice and register : No worker shall be required or
allowed to work otherwise than in accordance with the notice under section 48(1) and the entries
made beforehand against his name in the register maintained under section.
50. Casual leave : (1) Every worker shall be entitled to casual leave the full wages for 10 (ten)
days in a calendar year,
(2) If any reason he does not enjoy such leave shall not be accumulated and carried forward to
the succeeding year.
51. Sick leave : (1) Every worker, shall be entitled to sick leave with full wages for 14 (fourteen)
days in a calendar year.
(2) No such leave shall be allowed unless a registered medical practitioner appointed by the
employer or, if no such medical practitioner is appointed by the employer, any other registered
medical practitioner, after examination, certifies that the worker is ill and requires sick leave for
cure or treatment for such period as may be specified by him.
(3) Such leave shall not be accumulated and carried forward to the succeeding year.
52. Annual leave : (1) Every worker, who has completed 1 (one) year of continuous
service in an establishment, shall be allowed during the subsequent period of twelve months
leave with wages for a number of days calculated at the rate of 1 (one) day for every 18
(eighteen) days of work.
(2) In each calendar year, a worker will be able to encashment his accumulated earn leave and
the authorities will determine the procedure for encashment the earned leave.
53. Festival holidays : (1) Every worker shall be allowed in a calendar year 11 (eleven) days of
festival holiday with full wages.
(2) The days and dates for such festivals shall be fixed by the employer or a person powered by
the employer.
(3) A worker may be required to work on any festival holiday, but 2 (two) day‘s additional
compensatory holidays with full pay shall be provided to him within next 30 (thirty) days.
(4) Employer or a person powered by the employer shall provide every permanent worker in his
establishment 2 months basic wages as festival bonus in a year.
CHAPTER : VI
WAGES, PAYMENT, ETC
54. Special definition of ‘wages’: In this Chapter, unless there is anything repugnant in the
subject or context, ‗wages, means wages as defined in section 2 (XXXIV), and includes-
(a) any bonus or other additional remuneration payable under the terms of employment;
(b) any remuneration payable in respect of overtime work, holiday or leave;
(c) any remuneration payable under any award or settlement between the parties or under
order of any Court;
(d) any sum payable under this Act or any agreement by reason of termination of employment
whether by way of retrenchment, discharge, removal, resignation, retirement, dismissal or
otherwise; and
(e) any sum payable due to lay-off or suspension.
55. Responsibility for payment of wages : Every employer shall be responsible for the payment
to workers employed by him of all wages required to be paid under this act:
Provided that, the chief executive officer, the manager or any other person responsible to the
employer for the supervision and control of an establishment shall also be responsible for such
payment.
56. Time of payment of wages : Where the employment of any worker is terminated by
retirement or by the employer, whether by way of retrenchment, discharge, removal, dismissal or
otherwise, the wages payable to him shall be paid before the expiry of the 15 (fifteenth) working
day from the day on which his employment is so terminated.
57. Procedure of payment of wages : (1) Employer shall pay workers' wages in the manner
prescribed by the regulations.
(2) The employer must follow the orders or circulars issued from time to time for the purpose of
determining the wages of the workers.
58. Deductions which may be made from wages : (1) No deduction shall be made from the
basic wages of a worker except those authorized by or under this Act.
(2) Deductions from the wages of a worker shall be made only in accordance with the provisions
of this Act, and may be of the following kinds only, namely-
(a) deductions for subscriptions to, and for repayment of advances from any provident fund;
(b) deduction of subscription for the workers welfare association through check-off system;
(c) deductions for absence from duty;
(3) Deductions from the wages of a worker shall be made which mentioned under sub section (2)
in accordance with the prescribed provisions and conditions.
59. Payment of undisbursed wages in cases of death of workers : (1) subject to other
provisions of this chapter, all amounts payable to a worker as wages shall, if such amounts could
not or cannot be paid on account of his death or on account of his whereabouts not being known
before payment,-
(a) be paid to the person nominated by him in this behalf in accordance with the rules;
(b) where no such nomination has been made or where for any reasons such amounts con
not be paid to the person so nominated, be deposited with the EPZ labour court who shall deal
with the amounts so deposited in such manner as may be prescribed.
(2) Where, in accordance with the provisions of sub-section (1), all amounts payable to a worker
as wages are paid by the employer to the person nominated by the worker; or are deposited by
the employer with the EPZ Labour court, the employer shall be discharged of his liability in
suspect of payment of those wages.
60. Claims arising out of deductions from wages or delay in payment of wages : (1) Where
contrary to the provisions of this Act any deduction has been made from the wages of a worker,
or any payment of wages has been delayed, or payment of wages under any rule or his dues in
the provident fund delayed, such person himself, or in case of his death any of his legal heirs or
any legal representative, may apply to the EPZ Labour Court for recovery of such unpaid wages
or delayed wages or any other dues;
(2) Under sub section (1) time of application submission, place and order by EPZ labour court
and other related issues will determined by prescribed rules.
61. Application in respect of a claim : (1) A single application may be presented under section
60 on behalf of in respect of any number of workers belonging to the same unpaid group whose
ages have been delayed or deducted, and in such case compensation that may be awarded under
section 60,
(2) The EPZ labour Court may deal with any number of separate pending applications, presented
under section 60 in respect of workers belonging to the same unpaid group, as a single
application presented under sub-section (1), and the provisions of that sub-section shall apply
accordingly.
(3) For the purpose of this section, ‗unpaid workers includes in the same group‘ shall mean the
workers who are borne on the same establishment and if their wages for the same wage-period or
period have remained unpaid.
62. Appeal : (1) An appeal against an order passed by the EPZ Labour court under section 60,
may be preferred, within 30 (thirty) days of the date on which the order was passed, before the
EPZ Labour Appeal Tribunal.
(2) Appeal related others regulation will be determined by prescribed rules.
63. Conditional attachment of property of employer or other person responsible for

payment of wages : (1) Where at any time-
(a) after an application has been made under section 60, the EPZ Labour court, or
(b) after an appeal has been filed under section 62, the EPZ Labour Appeal Tribunal;
is satisfied that the employer or other person responsible for the payment or wages under section
55 is likely to evade payment of any amount that may be directed to be paid under section 60 or
62, the EPZ Labour court or the EPZ Labour Appeal Tribunal, as the case may be, after giving
the employer or other person an opportunity of being heard, may direct the attachment of so
much of the property of the employer or other person responsible for the payment of wages:
Provided that, if there is possibility of defeating the purpose for the cause of delay, the said EPZ
Labour court or the EPZ Labour Appeal Tribunal, before giving the opportunity of being heard,
may pass such order of attachment :
Provided further that such amount of property may be attached, which, in the opinion of the
EPZ Labour court or the EPZ Labour Appeal Tribunal, sufficient to satisfy the amount which
may be payable under the direction.
(2) All provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to attachment
before judgment, apply to any order for attachment.
63. Power to recover from employer in certain cases : When the Labour Court is unable to
recover from any person, other than an employer, responsible under section 121 for the payment
of wages any amount directed by such court or tribunal, as the case may be, to be paid by such
person, it shall recover the amount from the employer.
CHAPTER: VII
EPZ WAGES BOARD
65. Establishment of Minimum wages Board : (1) The Government shall establish a board to
be called the minimum wages board, hereinafter referred to in this chapter as the wages board,
shall consist of-
(a) an executive chairman or a person appointed by the government, who is its chairman also;
(b) one member to the authority;
(c) one member to represent the Prime Minister‘s office;
(d) one member to represent the finance department of finance ministry;
(e) one member to represent the Labour & employment ministry;
(f) two member to represent the authority;
(g) two member to represent the employers;
(h) two member to represent the workers.
(2) The authority will nominate representatives under clause (g) & (h) of sub section (1)
respectively from employers & employees :
Provided that, if no nomination is received for the representatives of the employers or workers
inspite of more than one effort, the Government appoint such persons whom the Government
considers to be fit in its opinion to be representative of such employers and workers respectively.
(3) Minimum wages board may co-opt members as required if necessary under sub section (1).
(4) Notwithstanding anything contained this section, Government, if necessary, may reform
minimum wages board.
66. Recommendation of minimum rates of wages for certain workers : (1) The Government
may direct the wages Board to recommend, within the reasonable period, the minimum rates of
wages for such workers.
67. Power to declare minimum rates of wages : (1) Upon receipt of a recommendation of the
wages board under section 66, the Government may, by notification in the official Gazette,
declare that the minimum rates of wages recommended by the wages board for the various
workers shall, subject to such exception as may be specified in the notification, be the minimum
rates of wages for such workers.
(2) Unless any date is specified for the purpose in the notification under sub-section (1), the
declaration there under shall take effect on the date of publication of such notification.
(3) The minimum rates of wages declared under this section shall be final and shall not, in any
manner, be questioned by any persons in any Court or before any authority.
68. Factors to be considered in making its recommendation : In making its recommendation

the wages board shall take into consideration minimum wages and wages structure of industrial
establishment of outside the zone and concerned other relevant factors.
69. Periodical review of minimum rates of wages : (1) The wages board shall review its
recommendations if any change in the factors specified in section 68 and other relevant factors
so demand, and recommend to the Government any amendment, modification or revision of the
minimum rates of wages declared under section 67.
70. Minimum wages to be binding on all employers : The minimum rates of wages declared
under section 67 shall be binding on all employers concerned and every worker shall be entitled
to be paid wages at a rate which shall, in no case, be less than the rate of wages so declared or
published.
71. Prohibition to pay wages at a rate below the minimum rate of wages : (1) No employer
shall pay any worker wages at a rate lower than the rate declared or published under this Chapter
to be the minimum rate of wages for such worker.
(2) Nothing in sub-section (1) shall be deemed to affect, in any way, the right of a worker to
continue to receive wages at a rate higher than the minimum rate declared under this chapter, if,
under any agreement or award or otherwise, he is entitled to receive wages at such higher rate, or
to continue to enjoy such amenities and other advantages as are customary for such worker to
enjoy.
(3) If an employer pays a wage at a lower rate than the minimum wages rate, the authorities may,
by written order or instruction, take appropriate action against the employer or the person
responsible for paying the wages.
72. Wages and other benefits determination : The Authority may, in order to fulfill the
purpose of this order, determine the procedure for determining wages of workers and other
benefits.
CHAPTER : VIII
WORKMEN’S COMPENSATION FOR INJURY BY ACCIDENT
73. Employer’s Liability for compensation : (1) If personal injury is caused to a worker by
accident arising out of and in the course of his employment, his employer shall be liable to pay
compensation in accordance with the provisions of this chapter.
(2) The employer shall not be liable to pay compensation-
(a) in respect of any injury which does not result in the total or partial disablement of
the worker for a period exceeding 3 (three) days;
(b) in respect of any injury, not resulting in death, caused by an accident which
indirectly attributable to-
(i) the worker having been at the time thereof under the influence of drink or drugs, or
(ii) the willful disobedience of the worker to an order expressly given, or to a rule
expressly framed, for the purpose of securing the safety of worker, or
(iii) the willful removal or disregard by the worker of any safety guard or other
device which he knew to have been provided for the purpose of securing the
safety or worker. :
(3) If-
(a) worker employed in any employment specified in part-A of the third Schedule, attacked with
any disease specified therein as an occupational disease peculiar to that of employment, or
(b) a worker, whilst in the service of an employer in whose service he has been employed for a
continuous period of not less than six months in any employment specified in part- B of the
Third schedule, contracts any disease specified therein as an occupational disease peculiar to that
employment,
So the contracting of the disease shall be deemed to be an injury by accident within the meaning
of this section, and, unless the employer proves the contrary, the accident shall be deemed to
have arisen out of and in the course of the employment.
Explanation : For the purposes of this sub-section, a period of service shall be deemed to be
continuous which has not included a period of service under any other employer in the same kind
of employment.
(4) The authority, by notification in the regulations, add any description of employment to the
employment‘s specified in the Third Schedule and shall specify in the case of the employment‘s
so added the diseases which shall be deemed for the purposes of this section to be occupational
diseases peculiar to these employment‘s respectively, and the provision of sub-section (3) shall
there upon apply as if such diseases had been declared by this chapter to be occupational diseases
peculiar to those employment‘s.
(5) Save as provided by sub-section (3) and (4), no compensation shall be payable to a worker in
respect of any disease unless the disease is directly attributable to a specific injury by accident
arising out of and in the course of his employment.
(6) Nothing herein contained shall be deemed to confer any right to compensation on a worker in
respect of any injury if he has instituted in a Civil court a suit for damages in respect of the injury
against the employer or any other person;
(7) No suit for damages shall be maintainable by a worker in any court of law in respect of any
injury-
(a) if he has instituted a claim to compensation in respect of the injury before a EPZ labour court;
or
(b) if an agreement has been come to between the worker and his employer providing for the
payment of compensation in respect of the injury in accordance with the provisions of this
Chapter.
(8) For the purposes of this chapter, ‗worker‘ means any person employed by the employer
directly or through contractors who is employed in any such capacity as is specified in the Fourth
Schedule, whether the contract of employment is expressed or implied, oral or in writing; and
any reference to a worker who has been injured shall, where the worker is dead, include a
reference to his dependents or any of them.
(9)Any compensation payable to a deceased worker as a result of injury and compensation paid
to a person under a disability cannot be repaid in any way other than the submission of the Labor
Court and the Labor Court shall take action in this manner as prescribed by the Rules.
(10) If the compensation is paid directly by the employer under sub section (8), it will not be
considered as compensation unless the worker concerned designates it to be compensated in case
of injury due to injury in the manner prescribed by the rules during his employment, and he is
compensated by the designated heir.
74. Amount of compensation : (1) Subject to the provisions of this chapter the amount of
compensation shall be as follows, namely:
(a) where death results from the injury, a worker in receipt of monthly wages falling within
limits shown in the third column of the Fifth Schedule the amount shown against such
limit thereof;
(b) where permanent total disablement results from the injury limits shown in Fifth Schedule the
amount shown against such limits in the third column thereof;
(c) where permanent partial disablement results from the injury in the case of an injury specified
in the first schedule, such percentage of the compensation which would have been payable in the
case of permanent total disablement‘s as is specified therein as being the percentage of the loss
of earning capacity caused by that injury and in the case of an injury not specified in the first
schedule, such percentage of the compensation payable in the case of permanent total
disablement as is proportionate to the loss of earning capacity permanently caused by the injury;
and
(d) where temporary disablement, whether total or partial, results from the injury, a monthly
payment payable on the first day of the month following the month in which it is due
after the expiry of a waiting period of 4 (four) days disablement or during a period as
specified in the last column of the fifth schedule; whichever period is shorter.
(2) Where more injuries than one are caused by the same accident, the amount of compensation
payable under sub-section (1), clause (c) shall be aggregated but not so in any case as to exceed
the amount which would have been payable if permanent total disablement had resulted from the
injuries.
(3) On the ceasing of the disablement before the date on which any monthly payment falls due,
there shall be payable in respect of that month a sum proportionate to the duration of the
disablement in that month.
75. Method of calculating wages : (1) In this chapter and for the purpose thereof the expression
‗monthly wages‘ means the amount of wages deemed to be payable for a month‘s service,
whether the wages are payable by the month o by whatever other period,
(2) Such wages shall be calculated as follows, namely :
(a) where the worker has, during a continuous period of not less than twelve months
immediately preceding the accident, been in the service of the employer who is liable
to pay compensation, the monthly wages of the worker shall be one-twelfth of the
total wages to be paid to him by the employer in the last 12 (twelve) months of that
period;
(b) where the whole of the continuous period of service immediately preceding the
accident during which the worker was in the service of the employer who is liable to
pay the compensation was less than one month, the monthly wages of the worker
shall be the average monthly amount which, during the 12 (twelve) months immediately
preceding the accident, was being earned by a worker employed on the same work
by the same employer, or, if there was no worker so employed on similar work in the
locality;
(c) in the cases, the monthly wages shall be 30 (thirty) times the total wages earned in respect
of the last continuous period of service immediately preceding the accident from the employer
who is liable to pay compensation, divided by the number of days comprising such period.
Explanation : a period of service shall, for the purposes of this section, be deemed to be
continuous which has not been interrupted by a period of absence from work exceeding 14
(fourteen) days.
76. Review : (1) Any monthly payment payable under this chapter, either under an agreement
between the parties or under the order of a EPZ Labour court, may be reviewed by the EPZ
Labour court, if-
(a) on the application either of the employer or of the worker accompanied by the certificate
of a registered medical practitioner that there has been a change in the condition of the
worker, or
(b) on such application without medical certificate on the ground that the determination of
compensation was obtained by fraud or under influence or other improper mean or that
in such determination there is a mistake or error apparent on the face of the record.
77. Recovery of money due under this Act : (1) subject to this Act, any amount directed to be
paid by the EPZ Labour court or the EPZ Labour Appeal Tribunal under any section of this Act,
or any amount payable by any person under any provision of this Act, or any money due from an
employer or any other person under a settlement or agreement or under an award or decision of
an arbitrator or of the EPZ Labour court or the EPZ Labour Appeal Tribunal under any provision
of this Act may, at the option and on the prayer of the applicant entitled to such amount or
money , be recovered by or at the direction of the Labour court-
(a) as a public demand;
(b) in the prescribed manner, by attachment and sale of the movable property belonging to
the person by whom the amount or the money is to be paid;
(c) if the entire amount is not so recovered, in the prescribed manner, by attachment and sale
of the immovable property belonging to such person, or
(d) as a money decree of a civil court.

(2) Where any worker is entitled to receive from the employer any benefit under a settlement or
agreement of under an award or decision of an arbitrator of the EPZ Labour court or the EPZ
Labour Appeal Tribunal, which is capable of being computed in terms of money, the amount at
which such benefit shall be computed may, subject to the rules, be determined and recovered as
provided for in sub-section (1) and paid to the worker concerned.
(3) No application for recovery of any money shall be entertained under this section applicant:
Provided that any such application may be entertained after the expiry of the said period of one
year, if the EPZ labour court is satisfied that the applicant had sufficient cause for not making the
application within the said period.
Provided further that there shall be paid the amount due to workmen in highest priority.
78. Compensation not to be assigned, attached or charged : Save as provided by this chapter,
no lump sum or monthly payment payable under the chapter shall in any way, be capable of
being assigned or charged or be liable to attachment or pass to any person other than the worker
by operation of law, nor shall any claim be set off against same.
79. Notice and claim : No claim for compensation shall be entertained by a EPZ labour court
unless notice of the accident has been given in the manner herein after provided as soon as
practicable after the happening thereof and unless the claim is preferred before it within two
years of the occurrence of the accident or in case of death, within two years from the date of
death.
80. Power to require from employers statements regarding fatal accidents : (1) Where a
EPZ labour Court receives information from any source that a worker has died as a result of an
accident arising out of and in the course of his employment, it may send by registered post a
notice to the workers employer requiring him to submit, within thirty days of the service of the
notice, a statement, in the prescribed form, giving the circumstances attending the death of the
worker, and indicating whether, in the opinion of the employee, he is or is not liable to deposit
compensation on account of the death,
(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the
deposit within 30 (thirty) days or the service of the notice.
(3) If the employer is of opinion that he is liable to deposit compensation, he shall, in his
statement, indicate the grounds on which he disclaimed liability.
(4) Where the employer has so disclaimed liability under sub section(3), the EPZ Labour Court,
after such enquiry as it may think fit, may inform any of the dependents of the deceased worker
that it is open to the dependents to prefer a claim for compensation, and may give them such
other further information as it may think fit.
81. Reports of fatal accidents : Where, by any law for the time being in force, notice is required
to be given to authority, by or on behalf of an employer, of any accident occurring on his
premises which results in death the person required to give the notice shall, within 7 (seven) days
of the death, send a report to the EPZ Labour Court giving the circumstances attending the death
and a send a copy of that report to the EPZ labour court.
82. Medical examination : (1) Where a worker has given notice of an accident, the employer
shall before the expiry of 3 (three) days from the time at which service of the notice has been
affected, have the worker examined by zone medical practitioner or free of charge by a
registered medical practitioner, and the worker shall submit himself for such examination,
Provided that where the accident or illness of the worker is of grave nature, the employer shall
cause the examination at the place where the workers is.
(2) under this chapter and any worker who is in receipt of a monthly payment under this chapter,
shall if so required, submit himself for such examination from time to time.
(3) Examination, treatment and concerned others related to under this section will be determined
by the regulations.
83. Insolvency of employer, liability of insurers, etc : (1) Where any employer has entered into
a contract with any insurers in respect of any liability under this Chapter to any worker, then in
the event of
(a) the employer becoming insolvent; or
(b) making a composition or scheme of arrangement with his creditors; or
(c) if the employer is a company, in the event of the company having commenced to be wound
up,
The rights of the employer against the insurers as respects that liability shall, not with standing
anything in any law for the time being in force relating to insolvency or the winding up of
companies, be transferred to and vest in the worker, and upon any such transfer the insurers shall
have the same rights and remedies and be subject to the same liabilities as if they were the
employer,
Provided, that the insurers shall not be under any greater liability to the worker than
they would have been under to the employer.
(2) This section shall not apply where a company is wound up voluntarily for the purposes of
reconstruction or of amalgamation with another company.
84. Returns as to compensation : The Authority may, by notification in written, direct that
every person employing workers, or that any specified class of such persons, shall send at such
time and in such form and to such authority, as may be specified in the notification, a correct
return specifying the number of injuries in respect of which compensation has been paid by the
employer during the previous year and the amount of such compensation, together with such
other particulars as to the compensation as the Authority may direct.
85. Contract about relinquishment or lessening of liability : Any contract of agreement,

whether made before or after the commencement of this chapter, whereby a worker relinquishes
any right of compensation from the employer for personal injury arising out of or in the course of
the employment, shall be null and void in so far as it purports to remove or reduce the liability of
any person to pay compensation under this chapter.
86. Reference to EPZ Labour courts : (1) If any question arises in any proceedings under this
chapter as to the liability of any person to pay compensation, including any question as to
whether a person injured is or is not a worker, or as to the amount or duration of compensation,
including any question as to the nature or extent of disablement, the question shall, in default of
agreement, be settled by a EPZ Labour court.
(2) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or
under this chapter required to be settled, decided or dealt with by a EPZ labour court or to
enforce any liability incurred under this chapter.
87. Venue of Proceedings : Where any matter is under this chapter to be done by or before a
EPZ Labour court, the same shall subject to the provisions of this chapter and any rules be done
by or before a EPZ labour court having jurisdiction in the injury area in which the accident took
place which resulted in the injury.
88. Condition of application : No application for the settlement of any matter by a EPZ labour
court under this chapter, other than an application for compensation by a affected worker or by a
dependent, shall be made unless and until some question has arisen between the parties in
connection therewith which they have been unable to settle by agreement.
89. Power of EPZ Labour Court to require further deposit in cases of fatal accident : (1)
Where any sum has been deposited by an employer as compensation payable in respect of a
worker whose injury has resulted in death, and in the opinion of the EPZ Labour Court such sum
is insufficient, the EPZ Labour Court may, by notice in writing stating its reasons, call upon the
employer to show cause why he should not make a further deposit within such time as my be
stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the EPZ Labour court, the EPZ
Labour court may make an award determining the total amount payable, and requiring the
employer to deposit the deficiency.
90. Appeals : (1) An appeal shall lie to the Tribunal from the following orders of a EPZ Labour
Court under this Chapter, namely:
(a) an order awarding as compensation a lump sum whether by way of redemption of a
monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
(b) an order refusing to allow redemption of a monthly payment;
(c) an order providing for the distribution of compensation among the dependents of a
deceased worker, or disallowing any claim of a person alleging himself to be such
dependent;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the
provisions of any agreement;
(e) an order refusing to register a memorandum of agreement or registering the same or
providing for the registration of the same subject to conditions; or
(f) an order related to compensation disbursement.
(2) No appeal shall lie in any case in which the parties have agreed to abide by the decision of
the EPZ Labour court, or in which the order of the EPZ Labour court gives effect to an
agreement come to by the parties.
(3) No apparels by an employer under sub-section (1) clause (a) shall lie unless the memorandum
of appeal is accompanied by a certificate by the EPZ Labour court to the effect that the appellant
has deposited with it the amount payable under the order appealed against.
(4) No appeal shall lie against any order unless a substantial question of law is involved in the
appeal and, in the case of an order other than an order such as is referred to in sub-section (1)
clause (b) unless the amount in dispute in the appeal is not less than 1 (one) thousand taka.
(5) The period of limitation for an appeal under this section shall be 60 (sixty) days.
91. Withholding of certain payments pending decision of appeal : Where on employer makes
an appeal under section 90 sub section (1) clause (a), the EPZ Labour court may, and if so
directed by the Tribunal shall, pending the decision of the appeal, withhold payment of any sum
in deposit with it.
92. Rules making under this chapter : For the purpose of this chapter, the Government may, by
notification in the Official Gazette, make rules on the following, if –
(a) Issuance of Notice of Disorders, Causes of Disorders and Inquiries concerning the Disorders
of a Worker mentioned in the Second Schedule;
(b) Special occupational disorder related to employment;
(c) Compensation distribution;
(d) Compensation payment procedure;
(e) Any compensation payable to a deceased worker as a result of injury and the distribution of
compensation to a legal person under a disability and such matters
(f) Receivable amount receive under this act;
(g) Reviewing of monthly compensation under EPZ Labour Court; and
(h) Method of dealing with any other country regarding transfer of any money paid as
compensation.
CHAPTER – IX
WORKERS WELFARE ASSOCIATION AND INDUSTRIAL
RELATIONS
93. Special definition of ‘worker’ : In this Chapter, unless there is anything repugnant in the
subject or context, ‗worker‘ means a worker as defined in section 2 clause (XXXXVIII), and
includes, for the purpose of any proceedings under this Chapter in relation to an industrial
dispute, a person who has been dismissed, discharged, retrenched, laid off or wither wise
removed from employment in connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay off or removal has led to that dispute, but does not
include a person employed as
(a) a member of the watch and ward, driver, confidential assistant, cypher assistant, irregular
worker and employed worker by a contractor of kitchen or food manufacturer;
(b) employed worker to do clerical job.
94. Formation of Workers Welfare Association : (1) The workers engaged in an industrial
establishment situated within a Zone shall, subject to the provisions of this chapter, have the right to form
an association for the purpose of performing functions relating to industrial relations and have the right to
join in workers welfare association on the basis of constitution.
(2) If the workers in an industrial establishment situated within of a Zone intend to form a association, not
less than 20% (twenty percent) of the eligible workers of the industrial establishment shall apply in a
prescribed form by signatures or thumb impressions to the Executive Director (Labour & Industrial
relations) demanding a Workers‘ Welfare Association to be formed.
(3) Permanent worker intend to form a Workers‘ Welfare Association under sub section (2)shall submit
national ID, ID card and a copy of passport size picture with the application.
(4) No employer shall in any manner discriminate against a worker for subscribing to an application under
sub-section (2), and any such discrimination shall be deemed to be an unfair labour practice of the
employer under section 115.
(5) Where the workers' welfare association be formed for the organization, that there should be a
minimum of 30% female member in the executive council of the workers welfare association from among
the permanent female workers.
(6) If any employer is registered as a company with a separate certificate of incorporation and operating
as such in a Zone, there shall have one Workers‘ Welfare Association under the company in that Zone:
Provided that if there are two or more industrial units in a Zone under an employer registered as a
company, the units shall be deemed to be one industrial establishment for the purposes of this section.
Explanation : ―industrial unit‖ means any industrial unit established in a Zone, and for the purposes of
this act more than one industrial units under the same employer for the purpose of operating or related to,
any approved industrial unit the authority.
95. Requirements for application for registration of workers’ welfare association.⎯(1) Under section
94 workers decided to form workers‘ welfare association by the signature of a convener, application for
registration of Workers‘ Welfare Association shall be made to the Executive Chairman and shall be
accompanied by the following matters, namely:⎯
(a) the name of the Workers‘ Welfare Association and its address;
(b) date of formation of the Workers‘ Welfare Association;

(c) the titles, names, ages and addresses of the members of the Workers‘ Welfare Association;
(d) a complete statement of total paid membership.
(e) name of the organization and employed or worked number of workers related to such organization.
(2) With the application made under sub-section (1), three copies of the constitution approved by the
Workers‘ Welfare Association shall be attached.
96. Further requirements of the constitution.⎯ (1) No provision of the constitution of Workers‘
Welfare Association shall be contrary to any provision of this Act..
(2) A constitution for the formation of a Workers‘ Welfare Association shall have rights to be registered
under this Act, unless the constitution provides for the following matters, namely :
(a) the name and address of the Workers‘ Welfare Association;
(b) the objects for which the Workers‘ Welfare Association has been formed ;
(c) eligibility of becoming a member of Workers‘ Welfare Association;
(d) a general council, where member will be all permanent worker of concerned Workers‘ Welfare
Association‘s registered member;
(e) representatives of Workers‘ Welfare Association shall not be less than 5 and not more than 15 person
by the prescribed manner;
(f) the sources of the fund of the Workers‘ Welfare Association and the purposes of expenditure for such
fund;
(g) the conditions under which a member shall be entitled to any benefit assured by the constitution of the
Workers‘ Welfare Association and under which any fine or forfeiture may be imposed on him;
(h) the maintenance of a list of the members of the Workers‘ Welfare Association and of adequate
facilities for the inspection thereof by the officers and members of the Workers‘ Welfare Association;
(i) the manner in which the constitution shall be amended, varied or repealed;
(j) the safe custody of the funds of Workers‘ Welfare Association, its annual audit, the manner of audit
and adequate facilities for inspection of the account books by the officers and members of Workers‘
Welfare Association;
(k) the manner in which the Workers‘ Welfare Association may be deregistered;
(l) the manner in which the Executive council may be elected;
(m) the procedure about resignation from the General Council of the Workers‘ Welfare Association and
cancellation of membership;
(n) the procedure for expressing want of confidence in any representatives of the Workers‘ Welfare
Association; and
(o) the meeting of the Executive Council and General Council of the Workers‘ Welfare Association,
where there shall be obligation for the Executive Council to meet at least once in every 3 (three) months
and the General Council to meet at least once in every year.
(2) No Workers‘ Welfare Association shall obtain or receive any fund from any source out side of the
Zone without the prior approval of the Executive Chairman.
97. Registration of Workers’ Welfare Association.⎯ (1) The Executive Chairman, on being satisfied
that the Workers‘ Welfare Association has complied with all the requirements of this Act and has been
formed within the framework of the approved constitution, shall register the Workers‘ Welfare
Association in the
prescribed register within a period of 60 (sixty) days from the date of receipt of the application under
section 95.
(2) If the Executive Chairman finds the application to be deficient in a material respect or respects, he
shall communicate his objection in writing to the Workers‘ Welfare Association within a period of 15
(fifteen) days from the date of receipt of the application and the Workers‘ Welfare Association shall reply
thereto
within a period of 15 (fifteen) days from the date of receipt of the objections.
(3) When the objections under sub section (2) raised by the Executive Chairman are satisfactorily met, the
Executive Chairman shall register the Workers‘ Welfare Association as provided period in sub-section
(1), and if the objections are not satisfactorily met, the Executive Chairman may reject the application.
(4) Executive Chairman not registered within the time period mentioned in sub section (1) or the
application rejected, Workers‘ Welfare Association may apply to the EPZ labour court: and EPZ labour
court may pass an order directing the Executive Chairman to register the Workers‘ Welfare Association
and to issue a certificate of registration, or may reject the application.
(5) No Workers‘ Welfare Association of worker under this act may have not rights to be registered, if in
which organization it formed, 20% of permanent worker of such organization are not its member:
Provided that, where more than one establishment of same employer under same zone are allied and
related to each other for the purpose of operating same industry, wherever they are located, it shall be
deemed an industrial institution for the purpose of this sub section.
98. Certificate of registration of Workers’ Welfare Association.⎯(1) The Executive Chairman, on

registering a Workers‘ Welfare Association under section 97, shall issue a certificate of registration in the
prescribed form.
99. Certain changes in the constitution and executive council to be notified: (I) Every
alteration made in the constitution of a registered Workers‘ Welfare Association, every change of
its officers and change of its name and address shall be notified by the association by registered
post or by hand to the authority or any person responsible to it within 15 (fifteen) days of such
alteration or change and the authority or any person responsible to it shall forth with send a copy
of the same to the employer concerned.
(2) The authority or any person responsible to it may refuse to register such alteration or change
if it is in contravention of any of the provision of this Act, or if it is in violation of the
constitution of the Workers‘ Welfare Association.
(3) Every inclusion or exclusion of any constituent member of an executive council of Workers‘
Welfare Association shall be notified by the association by registered post to the authority or any
person responsible to it within 30 (thirty) days of such inclusion or exclusion.
(4) In case there is a dispute in relation to the change of officers of a an executive council of
Workers‘ Welfare Association, or any Workers‘ Welfare Association is aggrieved by the executive
council by registered post to the authority or any person responsible to it under sub-section (2),
any officer or member of the executive council may appeal to the EPZ labour court.
(5) The EPZ Labour court, shall within 7 (seven) days of receipt of the appeal under sub-section
(4), pass an order either directing the authority or any person responsible to it to register the
alteration or change in the constitution or in the officers of the association or may, for seasons to
be recorded in writing, direct the authority or any person responsible to it to hold fresh elections
of the association under his supervision.
100. Restriction in respect of number of association.⎯(1) There shall not be more than one Workers‘
Welfare Association in an industrial unit in a Zone.
101. Determination of ownership of an industrial unit ⎯If any doubt or dispute arises as to whether two
or more establishment of same employer or they are allied and related to each other for the purpose of
operating same industry, the decision of the Executive Chairman on the issue shall be final.
102. Activities and membership of Workers’ Welfare Association.⎯ (1) A worker shall be eligible to
be a member of only such Workers‘ Welfare Association under an industrial unit in which he is
employed.
(2) The activities of the Workers‘ Welfare Association shall be confined only within the territorial limits
of the Zone.
(3) Every member of Workers‘ Welfare Association activities shall be to execute own responsibilities
during working period, promote and promote the sense of belonging of the workers and owners of the
organization, awareness of the commitment and responsibility of the workers towards the organization,
strive to increase mutual trust and trust, understanding and cooperation between workers and employers,
encourage discipline, and achieve production goals, increase productivity and prevent waste.
(4) Subject to the right to from Federation of Workers‘ Welfare Association under section 113, a Worker‘
Welfare Association formed within the territorial limits of one Zone shall not associate or affiliate in any
manner with another Workers‘ Welfare Association in the same Zone or another Zone or with any other
Workers‘ Welfare Association beyond any Zone.
103. Election of Executive Council.- (1) Under section 97 any registered workers‘ welfare association
receiving the registration may request for election within minimum 60 (sixty) days before for executive
council by submitting a notice to the authority.
(2) After receiving application, the members of the Executive Council of a Workers‘ Welfare Association
shall be elected by the concerned permanent workers of the organization through secret ballot in an
election through prescribed manner:
Provided that, election of executive council will be ineffective if most of the permanent workers of
concerned organization are not providing their votes.
(3) If any election of executive council under sub section (3) is ineffective workers may organize re-
election after 6 (six) months later of the election by the prescribed manner.
(4) To be a member and have rights to vote permanent worker only of the concerned industrial institution
under this chapter.
104. Approval of the Executive Council.⎯ The Executive Council, if duly elected under this act, shall be
approved by the Executive Chairman within 15(Fifteen) days of the declaration of results of the election.
105. Tenure of the Executive Council.⎯ Unless de-registered earlier of otherwise ceases to exist, the
Executive Council of a workers welfare association shall hold office for a period of 3 (three) years from
the date of its being approved under section 104.
106. Holding of next election.⎯ (1) The next election of the Executive Council of workers welfare
association shall be held within the period of 90(ninety) days prior to the date of expiration of its fixed
term.
(2) If the Executive Council of workers welfare association is dissolved prior to expiration of the term
fixed, the next election shall be held within 90 (ninety) days after such dissolution.
107. Disqualifications for being an officer or member of a workers welfare association

⎯Notwithstanding anything contained in the constitution or the rules of the Workers‘ Welfare
Association, a person shall not be entitled to be, or to be elected as, an officer of the Workers‘ Welfare
Association if he has been convicted of an offence involving moral turpitude or an offence punishable
under this Act or rules or regulations, and sentenced to imprisonment for any term, unless a period of 2
(two) years has elapsed since his release.
108. Maintenance of register, etc. by registered Workers’ Welfare Association. ⎯Every registered
Workers‘ Welfare Association shall maintain the following matters in such form as may be prescribed,
namely:⎯
(a) a register of members showing particulars of subscriptions paid by each member ;
(b) an accounts book showing receipts and expenditure; and
(c) a minute book for recording the proceedings of meetings.
109. Cancellation of registration of Workers’ Welfare Association. ⎯ (1 the Executive Chairman may
cancel the registration of a Workers‘ Welfare Association on any of the following grounds that it has⎯
(a) ceased to exist on any ground;
(b) obtained registration by fraud or by misrepresentation of facts;
(c) contravened any of the provisions of its constitution;
(d) committed any unfair practice;
(e) inserted in its constitution any provision which is inconsistent with this Act or rules or regulations;
(f) failed to submit its annual report to the Executive Chairman as required under this Act;
(g) elected as its officer a person who is disqualified under this Act to be elected as such officer; or
(h) contravened any of the provisions of this Act or rules or regulations.
110. Appeal against cancellation of registration. ⎯ (1) A Workers‘ Welfare Association aggrieved by
an order of cancelation of registration of workers welfare association under section 109 may, within 30
(thirty) days from the date of the order, appeal to the EPZ labour court, and the EPZ labour court may
uphold, reject or amend the disputed order.
(2) A Workers‘ Welfare Association aggrieved by an order of cancelation of registration of workers
welfare association by the EPZ labour court may, within 60 (sixty) days from the date of the order, appeal
to the EPZ labour appellate tribunal, and the EPZ labour appellate tribunal decision will be final.
111. No Workers’ Welfare Association to function without registration.⎯(1) No Workers‘ Welfare

Association, which is not registered, or has been de-registered, or registration of which has been
cancelled, shall function as Workers‘ Welfare Association or Collective Bargaining Agent.
(2) No person shall collect any subscription for the fund of any Workers‘ Welfare Association mentioned
in sub-section (1).
112. Incorporation of Workers’ Welfare Association.⎯(1) Every registered Workers‘ Welfare

Association shall be a body corporate and shall have a perpetual succession with a common seal and
power to contract and to acquire, hold and dispose of property, and it may, by its name, sue and the sued.
(2) The employer shall provide space within the Zone for establishment of the office of the Workers‘
Welfare Association.
113. Federation of Workers’ Welfare Association.⎯(1) If more than 50% (fifty percent) of the
Workers‘ Welfare Societies in a Zone agree, they shall be entitled to form one Federation of Workers‘
Welfare Societies in that Zone.
(2) Unless earlier de-registered or ceases to exist, a federation formed under this section shall hold office
for a period of 4 (four) years from the date of its being approved by the Executive Chairman.
(3) A Federation of Workers‘ Welfare Societies formed within the territorial limits of the Zone shall not
affiliate or associate in any manner with another federation in another Zone or with any other federation
beyond any Zone.
(4) The Authority shall determine, by regulations, the procedure of election and other details in respect of
the Federation of Workers‘ Welfare Societies.
114. Employers association : (1) If the employers of the majority of the industrial establishments located
in a zone agree, for the purpose of acting as employer representative on labor relations, they can form the
employer association in that zone and join the association :
Provided that, every industrial establishment shall have one vote and all voting employers shall be
members of the association.
(2) An employer may not be involved with any association outside of the zone or not protect any other
type of association with the association.
(3)The Authority shall by regulation determine the formation of the employers association, registration,
election procedures, tenure of the Executive Council of the association and other matters.
115. Unfair Practices on the part of employers.⎯(1) It will be an act of unfair practice for an employer
or powered by employer or person acting as employer, namely :⎯
(a) to impose any condition in a contract of employment to restrain the right of a person who is a party to
such contract to join a workers‘ welfare association or continue his membership of a workers‘ welfare
association;
(b) to refuse to employ or refuse to continue to employ any person on the ground that such person is or is
not, a member or representative of workers‘ welfare association;
(c) to refrain from promotion, dismiss, discharge, remove a worker from employment or threaten a worker
to dismiss, discharge or remove from employment or threaten to injure him in respect of his employment
by reason that the worker⎯
(i) is or proposes to become, or seeks to persuade any other person to become, a member or representative
of a workers‘ welfare association;
(ii) participates in the promotion, formation or activities of a workers‘ welfare association; or
(iii) exercise any right under this Act;
(d) to induce any person to refrain from becoming or to cease to be, a member or representative of a
workers‘ welfare association, by conferring or offering to confer any advantage on, or by procuring or
offering to procure any advantage for such person or any other person;
(e) to compel any representative of the workers‘ welfare association to sign a memorandum by
intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water,
power or telephone facilities or resorting to any other similar technique;
(f) to interfere with or influence, in any manner, the process of balloting in any election held under this
Act; or
(h) to recruit any new worker during the period of strike under section 131, or during the continuation of a
strike which is not illegal : -
Provided that, except where the Executive Chairman has, being satisfied that complete cessation of work
is likely to have the risk of causing serious damage to the machinery or installation or future operation of
the industry, permitted temporary employment of such limited number of workers as may be deemed
necessary to avoid the aforesaid likely risks.
(2) Nothing in sub-section (1) shall be deemed to preclude an employer from requiring that a person upon
his appointment or promotion to managerial position of industrial institution shall cease to be, or be
disqualified from being, a member or representative of a workers‘ welfare association.
116. Unfair practices on the part of workers or workers’ welfare association.⎯(1) It shall be an act of
unfair practice for a worker or Workers‘ Welfare Association or any person acting on behalf of such a
worker or Workers‘ Welfare Association for engaging any activities of Workers‘ Welfare Association
without prior permission of employer :
Provided that, Nothing in this sub-section shall be applicable to the President or the general secretary of a
collective bargaining agent of an organization the Workers‘ Welfare Association under this act, engaged
in negotiations, arbitration, mediation or any other proceedings unless the employer is notified in due
course.
(2) It shall be an act of unfair practice for a worker or Workers‘ Welfare Association and any person
acting on behalf of such a worker or Workers‘ Welfare Association, namely:
(a) to persuade a worker to join or refrain from joining an association during working hours;
(b) to intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a
member or officer of an association;
(c) to induce any person to refrain from becoming, or cease to be a member or officer of an association,
by conferring or offering to confer any advantage on or by procuring or offering to procure any
advantage for, such person or any other person;
(d) to compel or attempt to compel the employer to sign a memorandum of settlement by using
intimidation coercion, pressure, threat confinement to a place, physical injury, disconnection of telephone,
water and power facilities or resorting to any other similar technique; or (e) to compel or attempt to
compel any worker to pay, or refrain from paying, any subscription towards the fund of any Workers‘
Welfare Association by using intimidation coercion, pressure, threat, confinement to a place, physical
injury, disconnection of telephone, water and power facilities or resorting to any other similar technique.
(3) It shall be an unfair practice for a worker or a Workers‘ Welfare Association to interfere with a ballot
for holding any referendum or election under this Act, by the exercise of undue influence, intimidation,
impersonation, or by bribery through its Executive Council or through any person acting on its behalf.
117. Enforceability of Agreement.⎯(1) An agreement reached between a Workers‘ Welfare Association

and the employer shall be legally binding upon the parties and it shall be enforceable through EPZ labour
court.
(2) Nothing in this section shall enable any civil court to entertain any legal proceedings instituted for the
purpose of enforcing or recovering damages for the breach of, any agreement.
118. Submission of returns and information.⎯ There shall be submitted annually to the Executive
Chairman, on or before such date as may be prescribed, a general statement audited in the prescribed
manner of all receipts and expenditure and of the assets and liabilities of every Workers‘ Welfare
Association of the previous year ending upto the 31st day of December.
119. Collective Bargaining Agent.⎯(1) The Workers‘ Welfare Association registered under this Act in
an industrial unit shall be the Collective Bargaining Agent (CBA) for that industrial unit.
(2) The Committee shall have the right to negotiate with the employer on wages, working hours and other
terms and conditions of employment and no reasonable request for information from the association to the
employer for negotiation purposes shall be denied.
(3) The Collective Bargaining Agent in relation to an industrial unit in addition to aforesaid functions,
perform the following functions, namely; ⎯
(a) to undertake collective bargaining with the employer on matters connected with employment, non-
employment, and the condition of work;
(b) to represent all or any of the workers in any proceedings; and
(c) to give notice of, and declare, a strike in accordance with the provisions of this Act.
(4) In any industrial establishment there is a registered Workers‘ Welfare Association, only the minimum
starting wages as are determined by law or other applicable legal orders for the workers there at the entry
level shall apply and other wage issues such as-increments, promotions, or other enhanced benefits would
be subject to negotiation between the association and employer.
120. Check-off.⎯(1) If an Executive Council of Workers‘ Welfare Association so requests, agreed in

written by the worker in his establishment, the employer shall deduct from the wages of those workers
such amounts, towards their subscription to the funds of the Workers‘ Welfare Association as may be
specified with the approval of the Authority such individual worker named in the demand statement
furnished by the Workers‘ Welfare Association.
(2) No subscription from his wages under sub section (1) shall be deducted unless any written consent
from the worker.
(3) An employer, making any deduction from the wages under sub-section (1) shall within 15 (fifteen)
days thereafter, deposit the entire amount so deducted by him in the account of the Workers‘ Welfare
Association on whose behalf such deductions have been made.
(4) The employer shall provide facilities to the Executive Council for ascertaining whether deductions
from the wages of its members are being made under sub-section (1).
(5) The Executive Council at the beginning of each calendar year, shall submit its revenue budget stating
income and expenditure of the current year along with the financial statement of the previous year to the
Executive Chairman or an officer authorized by him on this behalf for approval.
121. Job protection related special rules for representatives of Workers Welfare Association.⎯
(1) Neither an employer nor an industrial institution shall not discriminate against any worker for being a
representative of the Workers Welfare Association of such industrial institution.
(2) Neither an employer nor an industrial institution can take any activities below -
(a) Any representatives of Workers‘ Welfare Association shall not be transferred from one zone to
another zone or one industrial institution or unit to another industrial institution or unit without the prior
approval of the representative;
(b) The president, General Secretary or any other representatives of the Executive Council of any
Workers‘ Welfare Association shall not be dismissed, suspended, terminated or otherwise removed from
the employment.
Provided that, The employer shall not be deemed to be barred from suspending any representatives of
Workers‘ Welfare Association or drawing up disciplinary proceedings against him on the allegation of
unfair labour practice prohibited under this Act, rules or regulations.
(3) Under the clause (a) of sub-section (2), the consent of the Executive Chairman has to be obtained with
the consent of his representative and any action taken against a representative mentioned in clause (b) and
the Executive Chairman may, if necessary, determine such authenticity by inquiry.
(4) The Executive Chairman shall have the authority to rule on the legitimacy of any action of the
employer under sub-section (2) and (3) so as to uphold or set aside the action and also to direct to
reinstate the representative to his position and reimburse him with unpaid wages and benefits.
122. Participation committee. - (1) In the event that an executive council of the Workers
Welfare Association is not formed or abolished, it may form a committee that participates in the
establishment :
Provided that, participation committee shall be abolished at once after forming executive council of the
Workers Welfare Association of concerned organization.
(2) Such committee shall consist of representatives of the employer and the workers and same in number
of representatives of the employer and the workers
(3) The number of representatives of both parties in such committee shall not be less than 6 (six) person
and not more than 16 (sixteen) person and tenure of the committee shall not be more than 2 (two) years.
(4) The representatives of such committee shall be elected or nominated from the workers employed in
concerned establishment.
(5) An employer shall not transfer an elected or nominated representative of the participatory committee
belonging to the workers side during the tenure of the committee without his consent.
123. Function s of participation committee : (1) The functions of the participation committee
shall be of inculcate and develop sense of belonging and workers commitment and, in particular-
(a) to Endeavour to promote mutual trust, understanding and co-operation between the
employer and the workers;
(b) to assist application of this laws;
(c) to foster a sense of discipline and to improve and maintain safety, occupational health
and working condition;
(d) to encourage vocational training, workers education and family welfare training;
(e) to adopt measures for improvement of welfare services for the workers and their
families;
(f) to fulfill production target, improve productivity, reduce production cost and wastes and
raise quality of products.
CHAPTER X
CONCILIATION AND ARBITRATION
124. Negotiation relating to industrial disputes.⎯(1) If, at any time, an employer or a Collective
Bargaining Agent finds that an industrial dispute is likely to arise between the employer and any of the
workers, the employer or, as the case may be, the Collective Bargaining Agent shall communicate his or
its views in writing to the other party.
(2) Within 15 (fifteen) days of the receipt of a communication under subsection (1), the party receiving it
shall, in consultation with the representatives of the other party, arrange a meeting with the
representatives of the other party for collective bargaining on the issues raised in the
communication with a view to reaching an agreement thereon through the procedure of a dialogue.
(3) If the parties reach a settlement on the issues discussed, a memorandum of settlement shall be
recorded in writing and signed by both the parties and a copy thereof shall be forwarded to the Executive
Chairman and the Conciliator.
125. Recruitment of Arbitrator, Conciliator and Counselor.⎯(1) The Authority, appoint as many
arbitrator and conciliators for the Zone or Zones by prescribed manner as it considers necessary for the
purposes of this Act and shall specify to perform his functions.
(2) The Authority, appoint as many counselor as it considers necessary for the purposes of this Act
(3) The Executive Chairman shall specify the Zone or Zones for which the Counselors will be appointed
and their functions.
126. Conciliation before notice of strike, etc.⎯ Where the parties to an industrial dispute fail to reach a
settlement by negotiation under section 124, any of them may report to the Executive Chairman and the
Conciliator that the negotiations have failed and request the Conciliator in writing to conciliate in the
dispute and the conciliator shall, on receipt of such request, proceed to conciliate in the dispute.
127. Notice of strike or lock-out.⎯(1) If the Conciliator fails to settle the dispute within 15 (fifteen) days
from the date of receipt of a request made under section 126, the Collective Bargaining Agent or the
employer may, subject to the provisions of sub-section (2), and in accordance with the provisions of this
Act, serve on the other party to the dispute 30 (thirty) day‘s notice of strike or lock-out, as the case may
be.
(2) No Collective Bargaining Agent shall serve any notice of strike unless two-thirds of the members of
the Executive Council of the Workers‘ Welfare Association have given their consent to it through secret
ballots specifically held for the purpose, in a manner approved by the Executive Chairman, if not
prescribed by regulations.
128. Conciliation after issuing notice of strike or lock-out.⎯(1) Where a party to an industrial dispute
serves a notice of strike or lock-out under section 127, it shall, simultaneously with the service of such
notice, deliver a copy thereof to the Conciliator who shall proceed to conciliate or, as the case may be,
continue to conciliate in the dispute notwithstanding the notice of strike or lock-out.
(2) Before proceeding to conciliate in the dispute, the Conciliator shall satisfy himself as to the validity of
the notice of strike, and if the notice does not confirm to the provisions of this Act or the rules of the
constitution of the concerned Workers‘ Welfare Association, the notice of strike shall not be deemed to
have been given under the provisions of this Act, and in such cases the Conciliator may, at his discretion,
decide not to proceed with the conciliation.
129. Proceedings before Conciliator.⎯(1) The Conciliator shall, as soon as possible, call a meeting of
the parties to the dispute for the purpose of settlement of the dispute through conciliation.
(2) The parties to the dispute shall appear before the Conciliator in person or through their nominated
representatives, and they may authorize such representatives to negotiate on their behalf and to enter into
agreement to be binding on them.
(3) The Conciliator shall perform such functions in relation to a dispute before him as may be prescribed,
and may, in particular, suggest to either party to the dispute such concessions or modifications in its
demand as are, in the opinion of the Conciliator, likely to promote an amicable settlement of the dispute.
(4) If a settlement of the dispute or of any matter in dispute is arrived at in the course of the proceedings
before him, the Conciliator shall send a report thereof to the Executive Chairman together with the
memorandum of settlement signed by the parties to the dispute.
(5) If no settlement is arrived at within the period of the notice of strike or lock-out, the conciliation
proceedings may be continued for such further period as may be agreed upon by the parties.
130. Arbitration.⎯(1) If the conciliation fails, the Conciliator shall try to persuade the parties to agree to
refer the dispute to an Arbitrator, and if the parties agree, they shall make a joint request in writing for
reference of the dispute to an Arbitrator agreed upon by them.
(2) For the purpose of sub-section (1), the Executive Chairman shall prepare a list of Arbitrator and such a
list of Arbitrators shall be revised time to time.
(3) The Arbitrator shall give his award within 30 (thirty) days from the date on which the dispute is
referred to him under sub-section (1) or such other extended time as may be agreed upon by the parties to
the dispute.
(4) After he has made an award, the Arbitrator shall forward a copy thereof to the parties and to the
Executive Chairman for its due implementation.
(5) The award of the Arbitrator shall be final and binding upon the parties, and no appeal shall lie against
it.
(6) It shall be valid for a period not exceeding two years or as may be fixed by the Arbitrator.
(7) If the parties don‘t agree to refer the dispute to an Arbitrator, then conciliator, shall issue a certificate
mentioning conciliation fails, from the date on which the dispute was failed.
131. Strike and Lock-out.⎯(1) If no settlement is arrived at during the course of conciliation proceedings
and the parties to the dispute do not agree to refer it to an Arbitrator under section 130, the workers may
go on strike or, as the cause may be, the employer may declare a lock-out, on the expiry of the period
of the notice under section 127, or upon the issuance of a certificate by the Conciliator to the parties to the
dispute to the effect that the conciliation proceedings have failed, whichever is the later.
(2) The parties to the dispute may, at any time, either before or after the commencement of a strike or
lock-out, make a joint application to the EPZ Labour Court for adjudication of the dispute.
(3) If strike or lock-out continues for more than 30 (thirty) days, the Executive Chairman may, by order in
writing, prohibit the strike or lock-out.
(4) Notwithstanding anything contained in sub-section (3), the Executive Chairman may, by order in
writing, prohibit a strike or lock-out at any time before the expiry of 15 (fifteen) days, if he is satisfied
that the continuance of such strike or lock-out is causing serious harm to productivity in the Zone or is
prejudicial to public interest or national economy.
(5) In any case in which the Executive Chairman prohibits a strike or lockout, he shall forthwith, refer the
dispute to the EPZ Labour Court.
(6) The EPZ Labour Court shall, after giving both the parties to the dispute an opportunity of being heard,
make such award as it deems fit as expeditiously as possible, but not exceeding 40 (forty) days from the
date on which the dispute was referred to it.
(7) The EPZ Labour Court may also make an interim award on any matter of dispute, and any delay by
the EPZ Labour Court in making an award shall not affect the validity of any award made by it.
(8) An award of the EPZ Labour Court shall be valid for such period, as may be specified in the award,
but shall not be valid for more than 2 (two) years.
(9) Strike or lock out should be prohibited for 3 (three) years after starting production for a newly
established industrial establishment:
Provided that, to settle the dispute conciliation is must for such establishment for raising any disputes.
CHAPTER-XI
EPZ LABOUR COURT, EPZ LABOUR APPELLATE TRIBUNAL, ETC,
132. Application to EPZ Labour Court ⎯Any Collective Bargaining Agent or employer or worker may
apply to the EPZ Labour Court for the enforcement of any right under any law or any award or settlement
or under any contract or provided by the contract.
133. EPZ Labour Court ⎯(1) The Government shall, by notification in the official Gazette, establish for
the Export Processing Zones as many EPZ Labour Courts as it considers necessary to dispose of
industrial disputes and try offences under this Act, and where it establishes more than one EPZ Labour
Court, it shall specify in the notification the Zone or Zones in which each of those shall exercise
jurisdiction under this Act.
(2) An EPZ Labour Court shall consist of a Chairman appointed by the Government and two Members to
be appointed in the prescribed manner to advise the Chairman, one to represent the employer and the
other to represent the worker.
(3) Notwithstanding anything under sub section (2), EPZ Labour Court shall be formed consisting with
Chairman for the purpose of any offence or any settlement under chapter VI and VIII.
(4) Chairman of EPZ Labour Court be appointed, by the government, from employed District Judge or an
Additional District Judge.
(5) An EPZ Labour Court shall have the following powers and functions, namely :⎯
(a) to adjudicate and determine an industrial dispute or any other disputes or adjudication of any question
which has been referred to or brought before it under this Act;
(b) to enquire into and adjudicate any matter relating to the implementation or violation of a settlement
which is referred to it by the Executive Chairman;
(c) to try offences under this Act and rules or regulations made there under, and such other offences under
any other law as the Government may, by notification in the official Gazette, specify in this behalf; and
(d) to exercise and perform such other powers and functions as are or may be conferred upon or assigned
to it by or under this Act or any other law.
(6) Notwithstanding anything contained in the Labour Act, 2006 (Act No. 42 of 2006), the Government
may, by notification in the official Gazette, appoint an EPZ Labour Court to be, or confer upon it any
power or function of, any Authority under any of the said Act, and upon such notification, the Tribunal
shall be deemed to be such Authority and shall exercise the powers and perform the functions of such
Authority under the relevant Act.
(7) If any Member of the EPZ Labour Court is absent from, or is otherwise unable to attend any sitting of
the EPZ Labour Court, the proceedings of the Tribunal may continue, and the decision or award may be
given in absence of such member; and no acts, proceedings, decision or award of the EPZ Labour Court
shall be in valid or be called in question merely on the ground of such absence of that Member.
134. Procedure and powers of Tribunal.⎯(1) Subject to the Provisions of this Act, the EPZ Labour
Court shall, in matters of criminal proceedings, follow, in so far as possible, the summary procedure as
prescribed under the Code of Criminal Procedure, 1898 (Act No, V of 1898).
(2) An EPZ Labour Court shall, for the purpose of trying an offence under the Act, have the same powers
as are vested in the Court of a Magistrate of the first class under the Code of Criminal Procedure, 1898
(Act No. V of 1898), and shall, for the purpose of appeal from a sentence passed by it, be deemed to be a
Court of Sessions under that Code.
(3) An EPZ Labour Court shall, without offence any mater under this act, for the purpose of adjudicating
and determining any industrial dispute, be deemed to be a Civil Court and shall have the same powers as
are vested in such Court under the Code of Civil Procedure, 1908.
(d) delivering exparte decision in the event of failure of any party to appear before the Tribunal.
(4) No court fee shall be payable for filing, exhibiting or recording any document, or obtaining any
document form the EPZ Labour Court.
135. Awards and decisions of the EPZ Labour Court.⎯(1) An award or decision of the EPZ Labour
Court shall be given in writing and delivered in open EPZ Labour Court and a copy thereof shall be
forwarded forthwith to the Executive Chairman.
(2) An award or decision of a EPZ Labour Court shall, in every case, be delivered within 25 (twenty five)
days following the date of filing of the case, unless the parties to the dispute give their consent in writing
to extend the time limit.
(3) Any party aggrieved by an award given under sub-section (1), may prefer an appeal to the appellate
Tribunal within 30(thirty) days of the delivery thereof and the decision of the Appellate Tribunal in such
appeal shall be final.
(4) All decisions of the Tribunal, other than award referred to in sub-section (2) of this section, and
sentences referred to in sub-section (2) of section 134, shall be final and shall not be called in question in
any manner before any Court or authority.
136. EPZ Labour Appellate Tribunal.⎯(1) The Government shall, by notification in the official
Gazette, establish an EPZ Labour Appellate Tribunal for the Purposes of this Act, and such Appellate
Tribunal shall consist of one member to be appointed by the Government by notification in the official
Gazette.
(2) The member of the EPZ Labour Appellate Tribunal shall be a person who is or has been a Judge of the
High Court Division of the Supreme Court, and he shall be appointed on such terms and conditions as the
Government may determine.
(3) The EPZ Labour Appellate Tribunal may, on appeal, confirm, set aside, vary or modify any decision
or repeal or forward to the EPZ Labour court for re-hearing the case, order, sentence or award of the EPZ
Labour Appellate Tribunal; and notwithstanding anything elsewhere, EPZ Labour Appellate Tribunal
shall exercise all the powers of EPZ Labour court conferred by this Act.
(4) The EPZ Labour Appellate Tribunal shall dispose of an appeal within a period of 40 (forty), days of
filing of the appeal.
(5) The EPZ Labour Appellate Tribunal shall follow such procedure as may be prescribed.
(6) The EPZ Labour Appellate Tribunal shall have authority to punish for contempt of its authority, or
that of any EPZ Labour court, subject to its appellate Jurisdiction, as if it were the High Court Division.
(7) Any person, convicted and sentenced by the EPZ Labour Appellate Tribunal under sub-section (6) to
imprisonment for any period, or to pay a fine exceeding 10 (Ten) thousand taka, may prefer an appeal to
the Appellate Division, subject to leave granted by that Division.
137. Special Provision for establishment of EPZ Labour Court and EPZ Labour Appellate
Tribunal. ⎯(1) As long as the EPZ Labour Court and EPZ Labour Appellate Tribunal are established, the
EPZ Labour Court established under section 214 and the EPZ Labour Appellate Tribunal established
under section 218 of the Labour Act, 2006 (Act No. 42 of 2006), hereinafter referred to as Labour Act, for
the purposes of this Act, shall be deemed to be the EPZ Labour Court and EPZ Labour Appellate Tribunal
respectively.
(2) If there are more than one Labour Court under the Labour Act, the Government, by notification in the
official Gazette, shall specify the local limits of jurisdiction of each such courts for zone or zones.
(3) The EPZ Labour Court and the EPZ Labour Appellate Tribunal, for trial of any offence or
adjudication or settlement of any other matters of disputes, shall exercise its powers and follow the
procedures under this Act.
138. Settlements and awards on whom binding.⎯(1) A settlement arrived at in the course of a
conciliation proceeding, or an award of an Arbitrator, or an award or decision of the EPZ Labour Court
delivered under section 135 or the decision of the EPZ Labour Appellate Tribunal under section 136 shall
be binding⎯
(a) on all parties to the industrial dispute;
(b) on all other parties summoned to appear in any proceedings before a Tribunal as parties to the
industrial dispute, unless the Tribunal specifically otherwise directs in respect of any such party;
(c) on the successors or assignees of the employer as one of the parties to the dispute; and
(d) where a Collective Bargaining Agent is one of the parties to the dispute, on all worker who were
employed in the industrial unit to which the industrial dispute relates on the date on which the dispute
first arose or who are employed thereinafter that date.
(2) A settlement arrived at by agreement between the employer and an association otherwise than in the
course of conciliation proceeding, shall be binding on the parties to the agreement.
139. Effective date of settlement, award, etc.⎯(1) A settlement shall become effective⎯
(a) if a date is agreed upon by the parties to the dispute to which it relates, on such date; and
(b) if a date is not so agreed upon, on the date on which the memorandum of the settlement is signed by
the parties.
(2) A settlement shall be binding for such period as is agreed upon by the parties, and if no such period is
agreed upon, for a period of one year from the date on which the memorandum of settlement is signed by
the parties to the dispute.
(3) An award given under sub-section (1) of section 135 shall, unless an appeal against it is preferred to
the EPZ Labour Appellate Tribunal, become effective on such date and remain effective for such period,
not exceeding two years, as may be specified therein.
(4) The Arbitrator, the EPZ Labour Court, or the EPZ Labour Appellate Tribunal, shall specify dates
from which the award on various demands shall be effective and the limits by which it shall be
implemented in each case.
(5) A decision of the EPZ Labour Appellate Tribunal in appeal under section 136 shall be effective from
the date of the award.
(6) Notwithstanding the expiry of the period for which and award is to be effective under sub-section (3),
the award shall continue to be binding on the parties until the expiry of 2 (two) months from the date on
which either party informs the other party in writing of its intention to be no longer bound by the
award.
140. Commencement and conclusion of proceedings.⎯(1) A conciliation proceeding shall be deemed to

have commenced on the date on which a notice of strike or lock-out is received by the conciliator under
section 127.
(2) A conciliation proceeding shall be deemed to have concluded⎯
(a) where settlement is arrived at, on the date on which a memorandum of settlement is signed by the
parties to the dispute; and
(b) where no settlement is arrived at⎯
(i) if the dispute is referred to an arbitrator under section 130, on the date on which the Arbitrator has
given his award or otherwise;
(ii) on the date on which the period of the notice of strike or lockout expires.
(3) Proceedings before a EPZ Labour Court shall be deemed to have commenced⎯
(a) in relation to an industrial dispute on the date on which an application has been made under section
131 or section 132; and
(b) in relation to any other matter, on the date on which it is referred to the EPZ Labour Court.
(4) Proceedings before an EPZ Labour Court shall be deemed to have concluded on the date on which the
award or decision is delivered under sub-section (1) of section 135.
141. Certain matters to be kept Confidential.⎯(1) There shall not be included in any report, award or
decision under this Act, any information obtained by the Executive Chairman, Conciliator, EPZ Labour
Court, Arbitrator or EPZ Labour Appellate Tribunal in the course of any investigation or enquiry as to
any business carried on by any Worker Welfare Association or person, establishment or company or
employer, which is not available otherwise than though the evidence given before such made a request, in
writing, to the authority that such information be treated as confidential; nor shall such proceedings of the
case disclose any such information without the consent, in writing, of the President of the Worker Welfare
Association or the relevant person, establishment or company question, as the case may be.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this section shall apply to
disclosure of any such information for the purposes of prosecution under section 193 of the Penal Code,
1860 (Act No. XLV of 1860).
142. Raising of industrial disputes. ⎯No industrial dispute shall be deemed to exist unless it has been
raised in the prescribed manner by a Collective Bargaining Agent or employer.
143. Prohibition on serving notice of Strike or lock-out while proceedings pending .⎯No notice of
strike or lock-out shall be served by any party to an industrial dispute while any conciliation proceedings
or proceedings before any conciliator, Arbitrator or EPZ Labour Court or an appeal to the EPZ Labour
Appellate Tribunal are or is pending in respect of any matter constituting such industrial dispute.
144. Powers of Tribunal and Appellate Tribunal to prohibit strike etc. ⎯(1) When a strike or lock-out
in pursuance of an industrial dispute has already commenced and is in existence at the time when, in
respect of such industrial dispute, there is made to or is pending before, an EPZ Labour Court, an
application under section 132 or time of proceedings before EPZ Labour Court , the EPZ Labour Court
may, by an order in writing, prohibit continuance of the strike or lock-out.
(2) When an appeal in respect of any matter arising out of an industrial
dispute is referred to the Appellate Tribunal under section 51, the EPZ Labour Appellate Tribunal may,
by an order in writing, prohibit continuance of any strike or lockout in pursuance of such industrial
dispute which had already commenced and was in existence on the date on which the appeal was
preferred.
145. Illegal strikes and lock-out.⎯(1) A strike or lock-out shall be illegal if⎯
(a) it is declared commenced or continued without giving to the other party to the dispute in the
prescribed manner, a notice of strike or lock-out on or before the date of strike or lock-out specified in
such notice, or in contravention of section 143; or
(b) it is declared, commenced or continued in consequence of an industrial dispute raised in a manner
other than that provided in section 142; or
(c) it is continued in contravention of the order made under section 144; or
(d) it is declared, commenced or continued during the period in which a settlement or award is in
operation in respect of any of the matters covered by a settlement or award.
(2) A lock-out declared in consequence of an illegal strike and a strike declared in consequence of an
illegal lock-out shall not be deemed to be illegal.
146. Conditions of service to remain unchanged while proceedings are pending.⎯(1) No employer
shall, while any conciliation proceeding or any officer proceeding before any Conciliator, Arbitrator, EPZ
Labour Court or EPZ Labour Appellate Tribunal in respect of an industrial dispute is pending, alter to the
disadvantage of any worker concerned in such dispute, the conditions of service applicable to him before
the commencement of the conciliation proceeding or of the proceeding before the Arbitrator, EPZ Labour
Court or EPZ Labour Appellate Tribunal, nor shall he save with the permission of the conciliator, while
any conciliation proceeding is pending; or save with the permission of the Arbitrator, the EPZ Labour
Court or EPZ Labour Appellate Tribunal, while any proceeding before the Arbitrator, EPZ Labour Court
or EPZ Labour Appellate Tribunal is pending, discharge, dismiss or otherwise punish any worker or
terminate his service except for misconduct not connected with such dispute.
(2) Notwithstanding anything contained in sub-section (1), a representatives of a Workers‘ Welfare
Association shall not, during the pendency of any proceeding referred to in sub-section (1) be discharged,
dismissed or otherwise punished for misconduct, except with the previous permission of the EPZ Labour
Court.
147. Protection of certain persons. ⎯No person refusing to take part or to continue to take part in any
illegal strike or illegal lock-out shall, by reason of such refusal, be subject to expulsion from any
Workers‘ Welfare Association or to any fine or penalty or to the deprivation of any right or benefit which
he or his legal representatives would otherwise have been entitled, or, be liable to be placed in any
respect, either directly or indirectly under any disability or disadvantage as compared with other members
of the Workers‘ Welfare Association.
148. Representation of parties.⎯(1) A worker, who is a party to an industrial dispute, shall be entitled to
be represented in any proceeding under this Act by a representatives of the Workers‘ Welfare Association
and, subject to the provisions of sub-sections (2) and (3) any employer, who is a party to an industrial
dispute, shall be entitled to be represented in any such proceeding by a person duly authorized by him.
(2) No party to an industrial dispute shall be entitled to be represented by a legal practitioner in any
conciliation proceeding under this Act.
(3) A party to an industrial dispute may be represented by a legal practitioner in any proceeding before the
EPZ Labour Court or EPZ Labour Appellate Tribunal with the permission of that Tribunal, Appellate
Tribunal or Arbitrator.
149. Interpretation of settlement and awards.⎯(1) If any difficulty or doubt arises as to the
interpretation to any provision of an award or settlement, it shall be referred to the EPZ Labour Appellate
Tribunal established under this Act.
(2) The EPZ Labour Appellate Tribunal to which an matter is referred under sub-section (1) shall, after
giving the parties an opportunity of being heard, decide the matter and its decision shall be final and
binding on the parties.
150. Recovery of money due from an employer under a settlement or award.⎯(1) Any money due
from an employer under a settlement, or under an award or decision of the Arbitrator, EPZ Labour Court
or EPZ Labour Appellate Tribunal may be recovered as arrears of land revenue or as a public demand
upon application by the Executive Chairman if it is moved in that behalf by the person entitled to the
money under that settlement, award or decision.
(2) Where any worker is entitled to receive from the employer any benefit under settlement or under an
award or decision of the Arbitrator, EPZ Labour Court or EPZ Labour Appellate Tribunal, which is
capable of being computed in terms of money, the amount at which such benefit shall be computed may
subject to the rules or regulations made under this Act, be determined and recovered as provided for in
sub-section (1) and paid to the worker concerned within a specified date.
CHAPTER-XII
PENALTIES AND PROCEDURE
151. Penalty for unfair Labour practices.⎯(1) Whoever commits any act described under sub-section
(1) of section 115, shall be punished with fine which may extend to 50 (fifty) thousand Taka and, in
default, to suffer simple imprisonment which may extend to 6 (six) months.
(2) Any worker who commits any act described under sub-section (1) of section 116, shall be punished
with fine which may extend to 2 (two) thousand Taka and, in default, to suffer simple imprisonment
which may extend to 6 (six) months.
(3) Whoever, being a Workers‘ Welfare Association or any person other than a Workers‘ Welfare
Association, commits any act described under subsection (1) of section 116, shall be punished with fine
which may extend to 20 (twenty) thousand Taka and, in default, to suffer simple imprisonment which
may extend to 6 (six) months.
152. Penalty for committing breach of settlement. ⎯Whoever commits any breach of any term of any
settlement, award or decision which is binding on him under this Act, shall be punished⎯
(a) for the first offence, with fine which may extend to 5 (five) thousand Taka and, in default, to suffer
simple imprisonment which may extend to 6 (six) months; and
(b) for each subsequent offence with fine which may extend to 10 (ten) thousand Taka and tin default, to
suffer simple imprisonment which may extend to 6 (six) months.
153. Penalty for failing to implement settlement, award or decision etc.⎯ Whoever willfully fails to
implement any term of any settlement, award or decision which it is his duty under this Act, to
implement, shall be punished with fine which may extend to 20 (twenty) thousand taka and, in default, to
suffer simple imprisonment which may extend to 6 (six) months.
154. Penalty for false statements, etc.⎯ Whoever willfully makes or causes to be made in any
application or other document submitted under this Act or the rules or regulations made there under, any
statement which he knows or has reason to believe to be false, or willfully neglects or fails to maintain or
furnish under this Act, or any rule or regulation, in that case -
(a) if an employer, shall be punished with fine which may extend to 5 (five) lac Taka and, in default, to
suffer simple imprisonment which may extend to 3 (three) months;
(b) if a worker, shall be punished with fine which may extend to 50 (fifty) thousand Taka and, in default,
to suffer simple imprisonment which may extend to 3 (three) months.
155. Penalty for illegal strike or lock-out.⎯(1) Any worker who commences, continues or otherwise acts
in furtherance of an illegal strike, shall be punished with imprisonment for a term which may extend to 6
(six) months, or with fine which may extend to 5 (five) thousand Taka, or with both.
(2) Any employer who commences, continues or otherwise acts in furtherance of an illegal lock-out, shall
be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may
extend to 20 (twenty) thousand Taka, or with both, and in the case of a continuing offence, with a further
fine which may extend to 2 (two) ) thousand Taka for every day after the first during which the offence
continues.
156. Penalty for instigating illegal strike or lock-out. ⎯Whoever instigates or incites others to take part
in or expends or supplies money or otherwise acts in furtherance or support of an illegal strike or an
illegal lock-out, shall be punished with imprisonment which may extend to 6 (six) months, or with fine,
which may extend to 10 (ten) thousand Taka, or with both.
157. Penalty for contravening provision of section 146.⎯Any employer who contravenes the provisions
of section 146 shall be punished with imprisonment for a term which may extend to 6 (six) months, or
with fine which may extend to 10 (ten) thousand Taka, or with both.
158. Penalty for embezzlement or misappropriation of Provident fund and Workers welfare funds.
⎯ (1) Any employee, guilty of embezzlement or misappropriation or used for own interest of Workers‘
Provident fund shall be punished with imprisonment for a term which may extend to 1 (one) year and
shall also be liable to fine.
Explanation - If an employer fails to submit to the fund, company‘s subscription or employees

subscription for the provident funds of his company, for any reason beyond the consent of the Executive
Chairman for more than 3 (three) months, he shall be deemed as guilty of embezzlement for the said
amount of the said fund.
(2) Any representative or any other employee of a registered Workers‘ Welfare Association, guilty of
embezzlement or misappropriation of Workers‘ Welfare Association fund shall be punished with
imprisonment for a term which may extend to 1 (one) year and shall also be liable to fine, which shall not
exceed the amount found by the EPZ Labour Court to have been embezzled or misappropriated.
(3) Upon realization under sub-section, the amount found by the EPZ Labour Court to have been
embezzled or misappropriated or used for own interest, the amount of fine may be reimbursed by the EPZ
Labour Court to the concerned Workers‘ Welfare Association.
159. Penalty for other offences. ⎯ (1) Whoever contravenes, or fails to comply with any of the
provisions of this Act, shall, if no other penalty is provided by this Act for such contravention or failure,
be punished with fine which may extend to 5 (five) thousand Taka.
(2) Contravenes of any rules or provisions shall be punished with imprisonment for a term which may
extend to 3 (three) months, or with fine which may extend to 1 (one) thousand Taka, or with both.
160. Penalty for contravening provisions of section 129. ⎯A person who willfully fails, except for
satisfactory reasons, to appear before the Conciliator or to send representative to him in compliance with
the provisions of sub-section (2) of section 129, shall be punished with fine which may extend to 5 (five)
thousand Taka and, in default, to suffer simple imprisonment which may extend to 6 (six) months.
161. Offences by company. ⎯Where the person guilty of any offence under this Act is a company or a
body corporate, every Director, Manager, Secretary, or other officer or agent thereof shall, unless he
proves that the offence was committed without his knowledge or consent or that he exercised all due
diligence to prevent the commission of the offence, be deemed to be guilty of such offence.
Explanation : - according to this section –

(a) ―Company‖ means any commercial establishment, agency, association and organization also; and
(b) ―Director‖ means for case of commercial establishment, its agent or member of directory board also.
162. Trial of offences.⎯(1) No Court other than the EPZ Labour Court established under this Act shall
try any offence punishable under this Act, and no prosecution for an offence punishable under this Act.
(2) All offences punishable under this Act shall be non-cognizable and bailable.
163. Limitation of prosecution - Unless otherwise specified in this Act or any rules, regulations or
schemes, no Labour Court shall take cognizance of an offence thereunder, unless a complaint thereof is
made within 6 (six) months from the date of commission of the offence.
CHAPTER XIII
PROVIDENT FUND
164. Provident funds for workers in private sector establishments. - (1) Employer of every
establishment may constitute a provident fund for its workers.
(2) Constitution of provident fund, management and others related issues will be determined by
prescribed rules.
(3) Employer shall not reduce existing any financial or provided benefits of provident fund for its
member.
165. Provident fund not liable to attachment- (1) The amount standing to the credit of any worker in
the account of his provident fund shall not in any way be assigned or charged and shall not be liable to
attachment under any decree or order of any Court in respect of any debt or liability incurred by the
worker, or no receiver appointed under the Insolvency Act, 1997 (Act No.X of 1997) shall be entitled to
claim of such amount.
(2) Any amount standing to the credit of any worker in the account of his provident fund at the time of his
death shall, subject to any deduction authorized under any other law, vest in his nominee and shall be free
from any debt or other liability incurred by him or by his nominee before his death.
166. Payment of subscription to get preference over other debts.- If any amount due in respect of any
subscription under this Chapter is payable before the employer is adjudged insolvent or in the case of a
company ordered to be wound up before the date of such order, it shall be deemed to be included among
the debts under section 75 of the Insolvency Act, 1997 (Act No. X of 1997) or under section 230 of the
Companies Act, 1994 which shall get preference over all other debts in the distribution of the property of
the insolvent or the assets of the company being wound up.
CHAPTER XIV
ADMINISTRATION, INSPECTION, ETC.
167. Director of Labour, etc. (1) For the purposes of this Act, an Executive Director (Labour &
Industrial relations), Additional Executive Director (Labour & Industrial relations), Director (Labour &
Industrial relations), Deputy Director (Labour & Industrial relations), Assistant Director (Labour &
Industrial relations) and concerned responsible other officer may execute his duties & responsibilities for
labour and industrial relationship of industrial establishment of zones.
(2) The Executive Director of (Labour & Industrial relations) shall have the following powers and
functions, namely:
(a) shall have power of supervision and control over all Additional Executive Director (Labour &
Industrial relations), Director (Labour & Industrial relations), Deputy Director (Labour & Industrial
relations), Assistant Director (Labour & Industrial relations) and concerned responsible other officers;
(b) to supervise the election of the workers welfare association;
(c) to act as Conciliator in any industrial dispute;
(d) to supervise the functions of the Participation Committee;
(e) to perform such other duties and impose its power as are conferred by this Act or rules.
(3) For the purpose of this Act, appointed Officers‘, under clause (a) of sub section (2), power and
responsibilities and duty area shall be determined by the authority and the authority shall have power of
supervision and control over all them.
(4) Notwithstanding anything elsewhere in any existing act, implementation of this act and workers‘
rights of and management of industrial relationship of zones‘ shall lies upon the authority.
168. Chief Inspector, etc.- (1) Chief Inspector or other inspector may inspect industrial establishment in
prescribed manner upon Executive Chairman‘s prior permission.
(2) Notwithstanding anything elsewhere in any act, this act shall be applicable to inspect any industrial
establishment.
(3) Executive Chairman‘s decision shall be final in any matter of inspection.
169. Powers of Inspector General, inspection, etc. - (1) For the purposes of this Act, Inspector General,
Additional Inspector General, Joint Inspector General , Deputy Inspector General, or any other
concerned inspection officer and inspector shall inspect and execute concerned works of industrial
establishment of zones.
(2) Inspector General shall have the following powers and functions:
(a) to supervise and control all industrial establishment under him;
(b) to transfer of any of his powers or duties to any Additional Inspector General, or to any officer in
charge, by written general or special order;
(c) to supervise and control Additional Inspector General and any appointed officer or personnel for
inspection;
(d) to act as conciliator in any industrial dispute;
(e) to supervise the selection of the Executive Council of the Workers Welfare Association under this act;
(f) to file a complaint to the EPZ Labor Court for any violation of law, crime or any wrongdoings under
this act;
(g) to exercise and exercise the powers conferred by the act and the rules or regulations made thereunder.
170. Powers of Additional Inspector General, inspection, etc. - (1) Additional Inspector General shall
have the following powers and functions:
(a) to supervise and control all industrial establishment under him;
(b) with necessary assistants, to enter, inspect and examine any place, premises, vehicle, at any reasonable
time, which in his consideration, is deemed to be or used as, an establishment;
(c) to require any registers, records, files, notices, certificates or any other documents maintained in
pursuance of this Act or any rules, regulations to be produced, and to seize, inspect or examine them;
(d) to supervise and control officer or personnel appointed for inspection;
(e) to file a complaint to the Inspector General for any violation of law, crime or any wrongdoings under
this act;
(f) to transfer of any of his powers or duties to any Inspector, or to any officer in charge, by written
general or special order;
(g) to exercise and exercise the powers conferred by the act and the rules or regulations made thereunder.
(2) Every employer shall be required to produce for inspection before an Additional Inspector General all
such records, registers, and any other documents as he may require for the purposes of this Act or any
rules, regulations; and shall furnish any other information in connection therewith as may be required.
(3) Employer shall have to discuss with Additional Inspector General or any officer in charge, before
taking any decision of lay off any industrial establishment.
171. Appeal – (1) Any employer aggrieved by the decision or the order of any personnel appointed for
inspection under this act, may, within 30 (thirty) days of the date of decision or order received, prefer an
appeal to the Executive Chairman, and the decision of the Executive Chairman in this matter shall be
final.
CHAPTER XV
PARTICIPATION OF WORKERS IN THE PROFIT OF THE COMPANIES
172. Establishment and purpose of Participation Fund and purpose of employer-buyer-worker. -

(1) there shall be a participation fund of employer-buyer-worker for the purpose of workers welfare
employed in EPZ.
(2) Purpose of participation fund of employer- buyer -worker shall be-
(a) expenditure of emergency assistance, social security, etc;
(b) expenditure of administrative, development and concerned others for the purpose of under this act.
173. Source of participation fund of employer- buyer -worker, etc . –participation fund of employer-
buyer -worker fund will be recoverable by the following rate and way, namely: –
(a) Determined amount against every purchase order of industrial establishment;
(b) Donations from buyer or work order provider organizations;
(c) Donations by the government;
(d) Donations from local-foreign individuals or organizations;
(e) Determined paid amount by the worker;
(f) Profit from investment of fund.
Explanation : ―Buyer or work order provider organizations‖ means under this section, buying
organization of produced goods of industrial establishment.
174. Operational activities, Management, expenditure of participation fund of employer- buyer –

worker. - Operational activities, Management, uses of fund and concerned others of participation fund of
employer- buyer –worker shall be determined by prescribed regulations.
CHAPTER XVI
MISCELLANEOUS
175. Restrictions on employment of adolescents : No adolescent shall be employed to work in any

establishment.
Explanation : For the purpose of this act ―adolescents‖ means, a person who doesn‘t completed his 18
(eighteen) years of old.
176. Restrictions on employment of forcefully or using force : No one shall be employed to work in
any establishment forcefully or using force.
177. Employer-worker relations in disaster or damage beyond control. For sudden natural disaster
or any other disaster which is beyond human control or for urgent necessity, any industry is shifted or
production of any industrial establishment is permanently closed, the authority may determine the
employer and worker relations in such manner as may be prescribed by rules.
178. Bar of some activities of workers welfare association, federation of workers welfare association
- (1) Workers welfare association shall not engage with any activities which are not mentioned its
constitution or as purpose.
(2) No Workers‘ Welfare Association or federation of Workers‘ Welfare Association in a zone shall
maintain any linkage, overt or covert, with any political party or organization affiliated with any political
party or non-government organization.
(3) Upon a complaint by any employer that any Workers‘ Welfare Association or federation of Workers‘
Welfare Association in a zone has committed an act in contravention of sub-section (2), if the Executive
Chairman finds the complaint to be true upon enquiry, he shall forthwith cancel the registration of that
Workers‘ Welfare Association or federation of Workers‘ Welfare Association as the case may be and
upon such cancellation of registration, the workers in the industrial unit or units, or the associations in the
Zone, as the case may be, shall not be allowed to form Workers‘ Welfare Association or federation, as the
case may be, for next 1 (one) year.
(4) If aggrieved by an order of the Executive Chairman under sub-section (2), an employer, association or
federation may prefer an appeal to the EPZ Labour Court, and the decision of the EPZ Labour Court may
be challenged in the EPZ Labour Appellate Tribunal, and the decision of the Appellate Tribunal shall be
final on the matter.
(5) For the purposes of this section, political party shall mean a political party as defined in article 152 of
the Constitution of the People‘s Republic of Bangladesh, and shall also include any other organization
affiliated with such political party.
179. Constitution of fund. ⎯ (1) For the purpose of this act, a fund shall be constituted by collecting
donations from investors.
(2) There shall be constituted a fund through collecting contributions from the investors for establishing
the EPZ Labour Tribunal and EPZ Labour Appellate Tribunal with appointment of necessary personnel
including the Judges, appointment of conciliator, appointment of Arbitrator Counselor and Inspector and
to meet the administrative and development expenses,
(3) the authority shall prescribe the procedure for collecting the contribution, fund operational
management, uses of fund, etc and concerned other matters.
180. Powers and functions of the Executive Chairman. ⎯The Executive Chairman shall have the
following powers and functions, namely:⎯
(a) to register Workers‘ Welfare Association under this Act and maintain a register for that purpose;
(b) to lodge complaints against the Workers‘ Welfare Association or employers for any alleged offence or
any unfair practice or violation of any provision of this Act, rules
or regulations;
(c) to determine the question as to the legitimacy of any Workers‘ Welfare Association and its capacity to
act as the Collective Bargaining Agent; and
(d) to supervise and control any appointed officer or personnel under this act by designate power and
exercise and exercise the powers conferred by the act;
(e) to act as conciliator in any industrial dispute;
(f) to exercise power of taking any decision for inspection;
(g) to supervise and control all industrial establishment under him;
(h) to exercise and exercise the powers conferred by the rules or regulations made thereunder.
181. Executive Chairman to delegate powers. ⎯The Executive Chairman may, subject to the approval
of the Authority, delegate any of his powers under this Act to an officer subordinate to him.
182. Executive Chairman to extend time. ⎯The Executive Chairman may, on reasonable grounds,
extend time if certain duty or function can not be discharged or performed within the specified time under
any provision of this Act.
183. Public servants. ⎯The Executive Chairman, a Conciliator, the Chairman of an EPZ Labour Court
and the member of the EPZ Labour Court and EPZ Labour Appellate Tribunal shall be deemed to be
public servant within the meaning of section 21 of the Penal code, 1860 (Act No XLV of 1860).
184. Power to exempt from rules of this act- The Government may, by notification in the official
Gazette, exempt, subject to such conditions and restrictions as it may specify therein, established any
industrial institutions under any zone or zones, any employer or class of employers or any establishment
or class of establishments or any part thereof or any worker or class of workers from the operation of or
compliance with all or any provision of chapter or any section thereof, or section of this Act.
185. Approval of plans and build factories building.- (1) Previous permission in writing be obtained in
the manner prescribed by rules from the Authority for the construction, establishment or extension of any
factory or class of factories;
(2) Authority may have the rights to confirm, modify or set aside the order under sub section (1)
186. Appeals against certain orders - (1) Where an order in writing of the Authority is served on an
employer under this Act, he may, within 30 (thirty) days of the receipt of such order, appeal against it to
the appellate authority, and such appellate authority may, subject to rules made in this behalf, confirm,
modify or set aside the order.
(2) Subject to the rules made in this behalf and to such conditions or such performance as may be
imposed or directed by the appellate authority, the appellate authority may, if it thinks fit, suspend the
order appealed against pending the decision of the appeal.
187. Responsibilities of workers - No worker in an establishment shall -

(a) willfully misuse or interfere in the use of any system or appliance provided in the establishment for the
purpose of securing the health, safety or welfare of the workers therein;
(b) willfully or without reasonable cause do anything which is likely to endanger himself or any other
person;
(c) willfully neglect to make use of any appliance or system provided in the establishment for the
purposes of securing the health or safety of the workers therein.
188. Liabilities of employers : Failure to comply with any provision of this act by an employer or an
industrial institution, if the workers of that industrial institution commit any unlawful activities or riots,
arson or vandalism in any EPZ or zone or adjoining area, then the responsibility of the same shall fall on
the employer or industrial institution and the authority shall take necessary action against the employer or
the industrial establishment.
189. Conduct towards women. - Where any woman is employed in any work of any establishment,
whatever her rank or status may be, no person of that establishment shall behave with her which may
seem to be indecent or unmannerly or which is repugnant to the modesty or honour of that woman.
190. Service of notice and submission of return. - The Authority may, by rules,-
(a) prescribe the manner of service of any order under this Act; and
(b) direct an employer to submit such return as mentioned therein, either regularly or time to time, for the
purposes of this Act.
191. Monitoring of Workers Welfare Association elections, procedure, etc. - (1) Any election
under any of the provisions of this Act shall be fairly monitored by representatives of the Authority,
employers, workers and neutrals.
(2) The Authority shall determine and prescribe procedure and further details in respect of monitoring of
election or other matters referred to in subsection (1).
192. Protection of existing conditions of employment in certain cases - Nothing in this Act or any
rules, regulations shall affect any right or privilege to which a worker was entitled on the date of
commencement of this Act, so long he continues to be employed under the employer under
whom he was employed on the date of such commencement, if such right or privilege is more favourable
to him than those provided in this Act or rules, regulations.
193. Abstracts of the Act, rules and regulations to be displayed.- (1) The employer of every
establishment shall cause to be displayed in a conspicuous and accessible place at or near the main
entrance of the place of work or the establishment, as the case may be, a notice containing an abstract of
the necessary or important provisions of this Act and of the rules and regulations.
(2) All notices displayed under sub-section (1) shall be maintained in a clean and legible condition.
(3) The Authority may, by order in writing served on the employer, require that there shall be displayed in
his establishment any other notice or poster relating to the health, safety or welfare of the workers
employed in his establishment.
194. Powers to collect information.- Any officer or authority acting under this Act or any rules,
regulations, may, for the due discharge of its or his functions, direct any employer to furnish such records,
documents or information or do such other acts, as it or he may require, and every such employer shall
comply with such direction.
195. Power of publishing orders, forms, notices, explanations or circulars .- The authority may, issue
and publish orders, forms, notices, explanations or circulars to comply with the act and the provisions
made under this act.
196. Presumption as to employment- Any person who is found in a factory when work is going on, or
at any time except during intervals for meals or rest, or when any of its machinery is in motion, shall,
until anything is proved contrary, be deemed to have at that time been employed in that factory.
197. Payment of equal wages for equal work. - In determining wages or fixing the minimum rate of
wages for any worker, the principle of equal wages for male and female workers for work of equal nature
or standard or value shall be followed; and no discrimination shall be made in this respect on the ground
of being male and female.
198. Court fees in general cases - Subject to the provisions of this Act, the Government may, by rules,
prescribe the amount of court-fees or other fees payable in respect of any application, proceedings or
appeal under this Act.
199. Restrictions on certain questions, etc.No person shall be compelled under this Act to answer any
question or make any statement which may tend directly or indirectly to incriminate him.
200. Protection of act done in good faith - No civil or criminal case or other legal proceeding shall lie
against any person or authority for anything done or intended to be done in good faith under this Act,
rules, regulations, administrative orders and directions.
201. Bar to jurisdiction of other Courts.- Any suit, complaint or other legal proceeding which is
cognizable or triable by the EPZ Labour Court or EPZ Labour Appellate Tribunal under this Act shall not
be cognizable or triable by any other Court.
202. Power to correct schedules - The Government may, by notification in the official Gazette, correct
schedules.
203. Power to make rules.- (1) The Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Act.
(2) The Government may, issue orders for the purpose of rules until making rules under sub section (1).
204. Power to make regulations.- (1) Notwithstanding anything under section 3A of Bangladesh
Export Processing Zones Authority Act, 1980 (Act No. XXXVI of 1980), The Authority may,
preapproval from Government, by notification in the official Gazette, after come into force this act, make
regulation for worker employment, relationship between employees & employer, fixation of minimum
wages rate, wages payment, compensation for injury by accident while working, workers health, safety,
inspection, ctc related to the authority carrying out the purposes of this Act.
(2) The Authority may, issue orders for the purpose of rules until making rules under sub section (1).
205. Repeal and savings.- (1) The EPZ Workers Welfare Association and Industrial relationship act
2010 (43 of 2010) are hereby repealed,
(2) Notwithstanding such repeal, under sub section (1) any such repealed act –
(a) anything done, any rules, regulations made, or any issued order, notice or notification issued, or any
notice given, fund constituted, or any Workers welfare association or federation of Workers welfare
association registered, or any collective bargaining agent elected ,or any complaint presented, or any
application submitted, approved constitution, or any other action or proceedings taken or commenced
shall, subject to conformity with the provisions of this Act, remain in force and shall be deemed to have
been done, made, issued, appointed, constituted, given, registered, elected, filed, submitted, granted, taken
or commenced under the corresponding provision of this Act,
until repealed, or amended;
(b) any agreement, statement or instrument shall be deemed as carried on as it was completed under this
act.
(c) Any lawsuit or proceeding filed in the EPZ Labor Court or EPZ Labor Appellate Tribunal shall be
considered as a case or proceeding filed under this act.
(3) Any guidance, order or notice issued by the Authority prior to the commencement of this act shall
remain in force until it is repealed or amended, subject to the provisions of this act.
206. Original text and English text. – (1) The Government may, by notification in the official Gazette,
after come into force, the original text of this Act shall be in Bangla and there may be an authentic text of
translation in English of this Act:
(2) In the event of conflict between the Bangla and English texts, the Bangla text shall prevail.
THE SCHEDULES
THE FIRST SCHEDULE
[see sections 2(17), (53) and section 74]
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT
Serial No. Description of injury Percentage of loss of earning capacity

1. Loss of both hands or amputation from higher parts 100
2. Loss of 1 (one) hand or one leg 100
3. Loss of sight of both eyes to such an extent as to render the claimant
unable to perform any work for which eye-sight is essential 100
4. Amputation of both legs or thighs, or amputation of one leg or thigh

and loss of any leg 100
5. Severe facial disfigurement 100
6. Absolute deafness 100
Amputation cases-upper limbs (either arm)
7. Amputation upto shoulder joint 80
8. Amputation below shoulder with stump less than 20 centimeters from tip of acromion 70
9. Amputation from 20 centimeters from tip of acromion to less than 11 centimeters below tip of olecranon 60
10. Loss of a hand or of the thumb and four fingers of one hand or amputation from 20 centimeters below
tip of olecranon 60
11. Loss of thumb 30
12. Loss of thumb and its metacarpal bone 30
13. Loss of 4 (four) fingers of 1 (one) hand 50
14. Loss of 3 (three) fingers of 1 (one) hand 30
15. Loss of 2 (two) fingers of 1 (one) hand 20
16. Loss of terminal phalanx of thumb 10
Amputation cases-lower limbs
17. Amputation of both feet 90
18. Amputation through both feet proximal to the metatarsophalangeal joint 80
19. Loss of all toes of both feet through the metatarsi-phalangeal joint 40
20. Loss of all toes of both feet from proximal to the proximal inter phalangeal joint 30
21. Loss of all toes of both feet from distal to the proximal inter phalangeal joint 20
22. Amputation from lower part of the hip 90
23. Amputation from lower part of the hip with stump exceeding 12.5 centimeters measured from tip of great
trenchanter, but not beyond middle thigh 80
24. Amputation from lower part of the hip with stump not exceeding 12.5 centimeters measured from tip of
great trenchanter 70
25. Amputation from middle thigh to 9 centimeters below knee 60
26. Amputation below knee with stump exceeding 9 centimeters but not exceeding 12.5 centimeters 50
27. Amputation below knee with stump exceeding 12.5 centimeters 40
28. Amputation of 1 (one) foot resulting in end-bearing 30
29. Amputation of one foot from proximal to the metatarsi-phalangeal joint 30
30. Loss of all toes of 1 (one) foot through the metatarsi-phalangeal joint 20
Other injuries
31. Loss of 1 (one) eye, without any complications, the other being normal 40
32. Loss of vision of 1 (one) eye, without any complications or disfigurement of eye-ball, the other being normal 30
Loss of fingers of right or left hand (Index finger)
33. Whole 14
34. 2 (two) phalanges 11
35. 1 (one) phalanx of finger 09
36. Guillotine amputation of tip without loss of bone 05
(Middle finger)
37. Whole 12
39. 1 (one) phalanx 07
(Ring or little finger)
41. Whole 07
43. 1 (one) phalanx 05
Serial No. Description of injury Percentage of loss of earning capacity

(Toes of right or left foot (great toe))
45. Through metatarsi-phalangeal joint 10
46. Part, with some loss of bone 03
(Any other toe)
(2 (two) toes of one foot excluding great toe)
(3 (three) toes of 1 (one) foot, excluding great toe )
(4 (four) toes of 1 (one) foot, excluding great toe)
THE SECOND SCHEDULE

[see sections 82 and 83]
List of Notifiable Diseases
1. Lead poisoning;
2. Lead tetra-ethyl poisoning;
3. Phosphorus poisoning;
4. Mercury poisoning;
5. Manganese poisoning;
6. Arsenic poisoning;
7. Poisoning by nitrous fumes;
8. Carbon bi-sulphide poisoning;
9. Benzene poisoning or poisoning by any of its homologues;
10. Chrome ulceration;
11. Anthrax;
12. Silicosis;
13. Poisoning by halogens;
14. Pathological manifestation due to X-rays or radium or other radioactive substances;
15. Primary epitheliomatous cancer of the skin;
16. Toxic anemia;
17. Toxic jaundice due to poisonous substances;
18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base;
19. Byssionosis;
20. Asbestosis;
21. Occupational or contract dermatitis caused by direct contract with chemical and paints;
22. Noise induced hearing loss;
23. Beryllium poisoning;
24. Carbon monoxide;
25. Coal miners' pneumoconiosis;
26. Phosgene poisoning;
27. Occupational cancer;
28. Isocyanides poisoning;
29. Toxic nephritis;
30. Jolt induced occupational diseases.
THE THIRD SCHEDULE

[see section 73]
List of Occupational Disease
Serial No. Occupational disease Employment

PART-A
1. Anthrax. Any employment

(a) involving the handling of wool, hair, bristles, animal carcasses
or parts of carcasses;
(b) in connection with animals infected with anthrax; or
(c) involving the loading, unloading or transport of any
merchandise.
2. Compressed air illness and its sequelae. Any process carried on in compressed air.
3. Poisoning by lead tetra-ethyl. Any process involving the use of lead tetraethyl.
4. Poisoning by nitrous fumes. Any process involving exposure to nitrous fumes.
5. Poisoning by manganese. Using or handling of, or exposure to the fumes, dust or vapor of
manganese, or a compound of manganese or substances
containing manganese.
6. Poisoning by carbon-bisulphide. Using or handling of, or exposure to the fumes, dust or vapor of
carbon bisulphide or a compound of carbon-bisulphide or a
substances containing carbon-bisulphide.
7. Poisoning by tetrachlorethane Using or handling of, or exposure to the fumes, dust or vapour of
compound of tetrachlorethane.
8. Poisoning by pesticide. Spraying of pesticide.
PART-B
9. Poisoning by leptospiraicterohaemorrahagia. Works in a rat infested place.

10. Poisoning by dinitrophenol or homologue. Using or handling of, or exposure to the fumes, dust or vapour of
initrophenol or its homogenous.
11. Poisoning by tricresyl phosphate. Using or handling of, or exposure to the fumesdust or vapour of
any substance containing tricresyl.
12. Chrome ulceration or its sequelae. Using or handling of chromic acid or chromates or bichromate of
ammonium, potassium, sodium or zinc, or preparation or
solution containing any of these substances.
13. Contact produced by exposureto the glare of,
or rays from molten glass or red-hot metal. Frequent of prolonged exposure to the glare of, or rays from
molten glass or molten or red-hot metal.
14. Poisoning by beryllium. Using or handling of, or exposure to the fumes,
dust or vapour of beryllium or a compound of beryllium or any
substance containing beryllium.
15. Carcinoma of mucous membranes of the nose or
associated air sinuses of primary carcinoma
branchus of lung. Any occupation in a factory where nickel is produced by
decomposition of a gaseous nickel compound which involves
work in or about a building where that process ancillary or
incidental thereto is carried on.
16. Papilloma of urinal bladder. (a)Works in a building where the following substances are
produced for commercial purposes, namely:
(1) alpha-naphthylamine, beta-naphtylamine or benzadine or any
of their salt;
(2) auramine or magenta;
(b) Using or handling of any substances mentioned in paragraph
(a) (1), or work in process in which such substance is used or
liberated.
17. Lead poisoning or its sequelae (excluding
Poisoning by lead tetraethyl.) Any process involving the use of lead or any of its preparations or
compounds except lead tetraethyl.
18. Poisoning by phosphorous or its sequelae. Any process involving the use of phosphorous or its preparations
or compounds.
Serial No. Occupational disease Employment
19. Mercury poisoning or its sequelae. Any process involving the use of mercury or its
preparations or compounds.
20. Poisoning by benzene and its homologues, or
the sequelae of it. Handling benzene or any of its homologues and
any process in the manufacture or involving the
use of benzene or any of its homologues.
21. Arsenical Poisoning or its sequelae. Any process involving the production, liberation
or utilization of arsenic or its compounds.
22. Pathological manifestations due to X-ray, radium and
other radioactive substance; Any process involving exposure to the action of
X-rays, radium or other radio-active substances.
23. Primary epitheliematouscancer of the skin. Any process involving the handling or use of tar,
pitch, bitumen, mineral oil, paraffin, or the compounds,
products or residues of these substances.
24. Silicosis. Any employment involving exposure to the inhalation of
dust containing silica.
THE FOURTH SCHEDULE

[see section 73 (8)]
LIST OF PERSONS WHO, SUBJECT TO THE PROVISION OF SECTION 73 (8), ARE

INCLUDED IN THE DEFINITION OF WORKER
Any person who is—

(1) employed, in connection with the operation or maintenance of a lift or a vehicle propelled by steam or other
mechanical power or by electricity;
(2) employed in any premises wherein or within the precincts whereof 5 (five) or more persons are employed in a
manufacturing process or in any kind of work whatsoever incidental to or connected with any such manufacturing
process or with the article made, and steam, water or other mechanical power or electrical power is used, but does
not include any person who is employed as a clerk only in a place or room where no manufacturing process is
carried on;
(3) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use,
transport or sale any article or part of an article in any premises wherein or within the precincts whereof at least five
persons are employed;
(4) employed in the manufacture or handling of explosives in any premises wherein or within the precincts whereof
at least 10 (ten) persons are employed;
(5) employed as master, seaman or otherwise on any ship or vessel which is propelled wholly or in part by steam or
other mechanical power or by electricity, or which is towed by a ship or vessel so propelled;
(6) employed in the following kinds of construction, maintenance, repair or demolition of building or structure;
(7) employed in setting up, maintaining, repairing or taking down any overhead electric line or cable or post
therefor;
(8) in the construction, working, repair or demolition of any aerial ropeway, canal, pipe-line, or sewer;
(9) employed in warehousing, or working within the precincts of any warehouse or other place in which at least ten
persons are employed, or employed in the handling or transport of goods in any market or precincts thereof in which
at least 100 (one hundred) persons are employed;
(10) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact
with radio-active substances;
(11) employed as driver, cleaner and in the service of watch and ward.
THE FIFTH SCHEDULE

(see section 74)
Amount of compensation payable in certain cases for the purpose of section 74 & chapter VIII
Monthly wages of the Amount of compensation

workman injured
Death Permanent / Total Monthly payment as compensation for
disablement temporary disablement
1 2 3 4
Whatever may be the Tk. 200000 Tk. 250000 Compensation shall be paid for the
amount of the wages of period of disablement or for one (1) year
the worker whichever period is shorter
Such compensation shall be paid at the
rate of full monthly wages for the first
two months, two-thirds of the monthly
wages next two months and at the rate of
half of monthly wages for the subsequent
months.
In case of chronic occupational diseases,
half of the monthly wages during the
period of disablement for a maximum
period of two years shall be paid.

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MD. NESAR AHMED BIPLOB E-mail : biplob98@gmail.

Act no 2 of year 2019

So, hereby the act is done : -

executive officer, executive or in a managerial or administrative capacity or any person related to

Provided that, in case of an emergency hazard, equipment degradation, power supply

19. Retrenchment & re-employment of retrenched worker : (1) A worker employed in an

34. Restriction on termination of employment of a woman in certain cases : If any notice or

(f) Safety of factory buildings and fires.

36. Introduction of compulsory group insurance: (1) In an establishment where at least 25

44. Restriction on hours of work on a vehicle : No worker shall work or be allowed

47. Restriction on double employment : No worker shall be employed or allowed to be

63. Conditional attachment of property of employer or other person responsible for

68. Factors to be considered in making its recommendation : In making its recommendation

(d) as a money decree of a civil court.

85. Contract about relinquishment or lessening of liability : Any contract of agreement,

(b) date of formation of the Workers‘ Welfare Association;

98. Certificate of registration of Workers’ Welfare Association.⎯(1) The Executive Chairman, on

107. Disqualifications for being an officer or member of a workers welfare association

111. No Workers’ Welfare Association to function without registration.⎯(1) No Workers‘ Welfare

112. Incorporation of Workers’ Welfare Association.⎯(1) Every registered Workers‘ Welfare

117. Enforceability of Agreement.⎯(1) An agreement reached between a Workers‘ Welfare Association

120. Check-off.⎯(1) If an Executive Council of Workers‘ Welfare Association so requests, agreed in

140. Commencement and conclusion of proceedings.⎯(1) A conciliation proceeding shall be deemed to

Explanation - If an employer fails to submit to the fund, company‘s subscription or employees

Explanation : - according to this section –

172. Establishment and purpose of Participation Fund and purpose of employer-buyer-worker. -

174. Operational activities, Management, expenditure of participation fund of employer- buyer –

175. Restrictions on employment of adolescents : No adolescent shall be employed to work in any

187. Responsibilities of workers - No worker in an establishment shall -

Serial No. Description of injury Percentage of loss of earning capacity

4. Amputation of both legs or thighs, or amputation of one leg or thigh

Serial No. Description of injury Percentage of loss of earning capacity

44. Guillotine amputation of tip without loss of bone 05

THE SECOND SCHEDULE

THE THIRD SCHEDULE

Serial No. Occupational disease Employment

1. Anthrax. Any employment

9. Poisoning by leptospiraicterohaemorrahagia. Works in a rat infested place.

Serial No. Occupational disease Employment

THE FOURTH SCHEDULE

LIST OF PERSONS WHO, SUBJECT TO THE PROVISION OF SECTION 73 (8), ARE

Any person who is—

THE FIFTH SCHEDULE

Monthly wages of the Amount of compensation

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