Laws related directly to the process of Recruitment and Selection

according to the Bangladesh Labour Act, 2006

THE BANGLADESH LABOUR ACT, 2006 (XLII OF 2006)

An Act to consolidate and amend the laws relating to employment of labour, relations
between workers and employers,. determination of minimum wage, payment of wages
and compensation for injuries to workers, formation of trade unions, raising and
settlement of industrial disputes, health, safety, welfare and working conditions of
workers, and apprenticeship and matters ancillary thereto. Whereas it is expedient to
consolidate and amend the laws relating to employment of labour, relations between
workers and employers, determination of minimum wages, payment of wages and
compensation for injuries to workers, formation of trade unions, raising and settlement of
industrial disputes, health, safety, welfare and working conditions of workers,
apprenticeship and matters connected therewith;

CHAPTER I PRELIMINARY
1. Short title, commencement and application: (4) Notwithstanding anything contained in
sub-section (3), this Act shall not apply to- (j) workers whose recruitments and terms and
conditions of service are governed by laws or rules made under article 62, 79, 113, or 133
of the constitution, except, for the purposes of chapters XII, XIII and XIV workers
employed by the- (i) Railway Department (ii) Posts, Telegraph and Telephone
Departments, (iii) Roads and highways Department, (iv) Public works Department, (v)
Public Health Engineering Department, (vi) Bangladesh Government press.
2. Definitions: In this Act, unless there is anything repugnant in the subject or context,-
(xxii) ‘strike’ means cessation of work by a body of persons employed in any
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
CHAPTER II CONDITIONS OF SERVICE AND EMPLOYMENT
3. 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 chapter: 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 chapter. (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 chief inspector who shall, 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 chief Inspector. (4) Any person
aggrieved by the order of the chief Inspector may, within thirty days of the receipt of the
order, may prefer appeal to the Government and the order of the Government on such
appeal shall be final. (5) Nothing provided in sub-section (2) shall apply to an
establishment which is owned by or under management or control the Government.
21. Re-employment of retrenched workers : 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.

CHAPTER VII SPECIAL PROVISIONS RELATING TO HEALTH HYGIENE AND

SAFETY
79. Dangerous operations : Where the Government is satisfied that any operation carried
on in an establishment exposes any person employed in it to a serious risk of bodily
injury, poisoning, or disease, it may make rules applicable to such establishment or class
of establishments in which such operation is carried on- (a) specifying the operation and
declaring it to be hazardous; (b) prohibiting or restricting the employment of women,
adolescents or children in the operation; (c) providing for the periodical medical
examination of persons employed in the operation and prohibiting the employment of
persons not certified as fit for such employment; (d) providing for the protection of all
persons employed in the operation or in the vicinity of the places where it is carried on
and the use of any specified materials or processes in connection with the operation; and
(e) notice specifying use and precautions regarding use of any corrosive chemicals.

CHAPTER XIII TRADE UNION AND INDUSTRIAL RELATIONS

195. Unfair labour practices on the part of employers : No employer or trade union of
employers and no person acting on their behalf shall- (a) impose any condition in a
contract of employment seeking to restrain the right of a person who is a party to such
contract to join a trade union or continue his membership of a trade union ; or (b) refuse
to employ or refuse to continue to employ any person on the ground that such person is,
or is not, a member or officer of a trade union; or (c) discriminate against any person in
regard to any employment, promotion, condition of employment or working condition on
the ground that such person is, or is not, a member or officer of a trade union; (h) recruit
any new worker during the period of strike under section 211 or during the currency or a
strike which is not illegal, except where the conciliator has, being satisfied that complete
cessation of work is likely to cause serious damage to the machinery or installation,
permitted temporary employment or a limited number of workers, in the section where
the damage is likely to occur;

CHAPTER XVI REGULATION OF EMPLOYMENT AND SAFETY OF DOCK

WORKERS
253. Power to make schemes: (2) In particular and without prejudice to the generality of
the foregoing power such scheme may provide for- (c) regulating the recruitment and
entry into the scheme of dock workers; (d) registration of dock workers and employers
maintenance of register, removal, either temporarily or permanently, of names from the
registers and the imposition of fees for registration; (e) regulating the employment of
dock workers, whether registered or not, and the terms and conditions of such
employment, including rates of remuneration; (f) prohibiting, restricting or otherwise
controlling the employment of dock workers to whom the scheme does not apply and the
employment of dock workers by employers to whom the scheme does not apply;
(4) In this section ‘dock workers’ means a person employed or to be employed in any
port on work in connection with loading, unloading, movement or storage of cargoes into
vassals, or making other vassals for the receipt or discharge of cargoes or any other thing.

CHAPTER XIV DISPUTES, LABOUR COURT, LABOUR APPELLATE TRIBUNAL,

LEGAL PROCEEDINGS, ETC.
214. Labour courts : (9) The chairman of the labour court shall, for hearing or disposal of
a case relating to a specific industrial dispute, select one person from each of the two
panels constituted under sub-section (7), and persons so selected, together with the
chairman, shall be deemed to have constituted the labour court in respect of that specific
industrial dispute: provided that the chairman may select any member from either of the
panels as a member of the labour court in respect of more than one such case pending
before the labour court.