Answer to question number 3

The Labour law of Bangladesh is one of the most recent laws with massive changes.
Bangladesh has a population of more than 161.4 million people and almost more than half of the
people are working under lower payments. Because of these many local companies and
multinational companies are motivated to start their business operations with the cheap labour
workforce. The labour law was made to protect the employees from any kind of exploitation, to
ensure safe working environment, salary issues are met without any chaos, to provide leave
policies, benefits, health and to provide insurance for injured workers. All employers are
expected to perform and implement the government’s labour law. According to the act worker
means any individuals who are hired and employed by any establishment [section 2(65)]. The
government is amenable to Article 14 of the Constitution of the People Republic of Bangladesh.
The major legislation outlining the labour rights in our country are the Bangladesh Labour Act,
2006 and the Bangladesh Labour (Amendment) Act, 2013.

LABOUR ACT (2006)

· The Control of employment ordinance, 1965

· The State-owned Manufacturing Industries Workers Ordinance, 2000

· The Agricultural labour (Minimum wages) Ordinance, 1984

· The Fatal Accidents, 1855

· Merchant Shipping Ordinance, 1976

· The Code of Conduct, 1993

· The Mines Act, 1923

· The Industrial Statistics Act, 1942

· The Provident Funds Act, 1925

· The Trade organization Ordinance, 1961

· The Public Servants (retirement) Act, 1974

· The Bangladesh Export Processing Zones Authority Act, 1980

· The Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985

AMENDMENTS ACT (2013)

❏ Section 19: Compensation due to Death

❏ Section 27: Resigned from the job due to absence

❏ Section 28(a): Workers relations due to any disaster beyond control or damage

❏ Section 62: Establishment the doors affording exit

❏ Section 78: Personal safety equipment and offer trainings

❏ Section 89: The establishment of a Health care Center

❏ Insertion of Section 90(a): Formation of the Safety Committee

❏ Insertion of Section 94(a): Residential Facility for Physically Challenged Workers

❏ Replacement of Section 99 of the Act No. 42 of 2006: Compulsory Group Insurance

❏ Insertion of Section 140(a): Special Power of the Government

❏ Amendment to Section 176 of the Act No. 42 of 2006: A trade union formation

❏ Amendment to Section 178 of the Act No. 42 of 2006 : Condition requiring the Director

of Labor

❏ Insertion of Section 202: Labor Act permitting workers to appoint outside experts
❏ Amendment to Section 215 of the Act No. 42 of 2006:“First Class Magistrate” shall be
replaced by the “First Class Judicial Magistrate or Metropolitan Magistrate”

At present there are 7 Labour Courts across Bangladesh under the jurisdiction of Section 214 of
the aforementioned act to deal with legal proceedings concerning industrial and employment
disputes- i)Three in Dhaka ii)Two in Chittagong iii)One in Rajshahi iv)One in Khulna and there
is only one Labour Appellate Tribunal at Dhaka.

There are types of leaves workers are granted and one of them is festival holidays leave. .
Section 118 states that every employee shall be granted 11 days festival holidays with full wages.
Surma can apply for Annual leave as she has been working for more than a year of uninterrupted
service Labour Act 2006 section 117.

Surma works at HSBC which is British multinational company in Bangladesh as a clerk. She has
been working in that branch for over 3 years without any kind of complaint against her related to
her work which shows she was diligent and hard working. A complained was filed against her
recently as she was not available when she was needed to carry out an activity. Moreover she
applied for a leave last month was it was denied. According to Section 115 every worker shall be
granted 10 days of casual leave and shall also be provided with full wages in a calendar year. So
if Surma did not avail the option in this year she has the legal support and has the right to apply
for casual leave if she had any small injuries, accident, fever or any sort of emergency. Also
section 116 Surma is supposed to get 14 days of sick leave, but for that she needs to provide a.
medical certificate or any doctor prescription. And during this leave the worker will get full
wages and lastly if these are not availed then the worker cannot carry this leave forward to next
year. As Surma is a clerk working for HSBC she might have avoided visiting the hospital
because of her tight budget and opted for bed rest which might the reason why her leave was not
granted. Also she found out that she was a month pregnant which might be the reason why she
not there when needed the most because she might have been sick. Section 45, 46 states that
employers are liable to provide benefits to employee like Surma are pregnant and need to be on
maternity leave as she completed at least six months of service. The Labour Law Act ensures the
employees are treated fairly and provides them their rights. The HR management team needs to
make sure no wrongful termination takes place and needs to assure Surma about her job security
and also assure that she will be provided with the maternity welfare facilities.
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