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LAW200

Section14
Final Assignment

Contribution Table
Abstract, Objectives Raisa Fariha (ID#2013470630)

Introduction Shihab Ahmed (ID#2012496630)


Method & Literature Review Sakir-Al-Hashim(ID#1912740030)
Labor Laws in The RMG Sector Jayed Bin Haque (ID#1912094630)

Implementation of Labour Laws in RMG SK Naveed Nayeem (ID#2011444630)


Sector of Bangladesh
Shortcomings in The State of Labour Zarin Anjum Tahia (ID#2014174630)
Laws in the RMG Sector in Bangladesh.

Personal Views & Recommendation, Abrar Hossen Anan (ID#201298163)


Conclusion
Abstract

Bangladesh's labor laws ensure that workers' rights are protected. The goal of this research is
to look into and evaluate the labor laws that are used in Bangladesh's RMG industry. The
overview is used to collect data, while the percentile and unmistakable insights are used to
interpret the results. The use of Labor Law arrangements (Bangladesh Labor Act-2006) in
Bangladesh's RMG area reveals a substantial lack of implementation of the agreements at
work. The general arrangements for support rule and strategy, maternity benefits, pay and
additional time installments, pay for injury that occurs by chance, opportune asset, wellbeing
and cleanliness, safety and security, government assistance, and working hours, leaves, and
occasions are found on a normal norm. Maternity benefits with leave, lucky asset offices
putting out fires gear, and specialised preparation on security procedures are the main issues
in this respect. The majority of the cases' business conditions—maternity benefits, working
hours, paid leave, enough pay—are satisfactory, although improvements are occasionally
necessary in the areas of trade unions, benefit investment, and medical issues. Bangladesh's
RMG industry should follow labor rules in order to receive government help for workers. The
situation requires public authority observation and careful monitoring. The purpose of the
examination 'Labour Laws in the Bangladesh Garment Sector' is to investigate labor legal
practices in Bangladesh's RMG sector. The main gripe revolves around government aid
programs. The main reasons for this include carelessness, thoughtlessness, the executive's
lack of authority and command over the personnel responsible, a lack of reserve, and so on.
Schooling, preparation, and mindfulness development are unquestionably undervalued in
RMG industries. This might be linked to a lack of duty in the RMG areas. All of these point
to the necessity for further strengthening of the administrative structure and progressive
implementation of the Act's provisions at the workplace in Bangladesh's RMG sectors.
The scientists assumed that, in general, the work law situation was all together (for example,
company circumstances, maternity remittance, working hours, and leave), but that
improvements were needed at times (for example trade unions, benefit investment, and the
strength of representatives). The results have been broken down using both essential and
auxiliary data acquired from trustworthy sources.
Introduction

Bangladesh is a growing country with great potential. Bangladesh's export-oriented clothing


industry, often known as ready-made garment (RMG), is a flourishing manufacturing sector
that contributes significantly to the country's economy. The RMG business began its modest
journey in the late 1970s and quickly grew to become a significant economic actor.
Bangladesh is a growing country with great potential. Bangladesh's export-oriented clothing
industry, often known as ready-made garment (RMG), is a flourishing manufacturing sector
that contributes significantly to the country's economy. The RMG business began its humble
journey in the late 1970s and quickly rose to prominence as a major economic force.

Bangladesh's textile and clothing sector, commonly known as the ready-made garment
(RMG) business, is one of the country's most important industries, contributing significantly
to the national economy through exports. The RMG sector began in the late 1970s, a few
years after independence. By the 1990s, the industry had grown significantly in size and
importance to the economy.
The United Kingdom accounts for 59 percent of the RMG industry's exports, while the United
States accounts for 29 percent. The rest is sold over the world. The RMG business earned $
12.5 billion in export revenues in 2010. Because of the epidemic, it increased to $ 34.13
billion in 2019, before dropping to $ 27.95 billion in 2020. The RMG business accounts for
83 percent of the country's export revenues, and Bangladesh shipped 6.8% of global clothing
market exports in 2019. Because of the industry's strong export needs, there are about 5000
garment factories in the nation, employing over 4 million people, with over 80% of them
being women.
A safe, cheerful, helpful, and resourceful working environment is required for the sector to
continue to flourish. This would boost worker productivity and efficiency while also
attracting the attention of other stakeholders. Buyers expect manufacturers to insist on
excellent working conditions. This is where Bangladesh's RMG business appears to be
struggling, as global retail brands have repeatedly cautioned them to uphold fundamental
worker rights. This is due to the unsuitable manufacturing working environment. The sector is
now being pushed to obey fundamental labor regulations because global retail brands will not
buy from firms that do not give basic worker rights.

The Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has


developed its own code of conduct for the industry's labor regulations in collaboration with
the major trade unions. The Bangladesh Shrama Ain and the Bangladesh Labor Act, 2006
are two of the country's most important labor regulations. These regulations were crucial in
improving the country's labor standards and ensuring that the needs of stakeholders and
purchasers in the ready-made garments sector were met. Safe and secure working
conditions, maternity benefits, hygiene, working hours and leave, wage, compensation,
accidents, provident funds, inspection, and health care were all guaranteed by these
regulations Following this, the government produced the Bangladesh Labor Rules in 2015
and the Bangladesh Labor Welfare Foundation Law Standard, both of which attempted to
strengthen the previously imposed legislation.
The National Child Labor Elimination Policy was established in 2010. This, together with
the Labor Law of 2006, pushed for better working conditions, workplace health and safety,
and, most importantly, against child labor. Children under the age of 14 are not permitted
to work, according to the Labor Law of 2006. Children aged 14 to 18 are permitted to
work in low-risk environments.
The new legislation advances by broadening the scope of the law's applicability and
clarifying previously ambiguous words. The government, in collaboration with
international organizations, domestic NGOs, and labor unions, is always trying to enhance
labor rights in the RMG business, with the goal of improving labor conditions in
Bangladesh.

Method & Literature Review


I researched the country's labor laws extensively for our analysis on the situation of labor
laws in Bangladesh's RMG industry. I  also looked at the current state of the country's RMG
sector, as well as the driving forces, challenges, and other related topics, in order to come to a
more logical conclusion about the laws, their structure, implementation, and overall
effectiveness in one of our country's most important and largest export sectors.

Labour law, according to Brittannica, is a broad area of law that deals with employment, pay,
working conditions, unions, and industrial relations (Jenks, 2021). The Factories Act of 1881
is the foundation of Bangladeshi labor legislation. This was later changed in 1965 with the
Factories Act, which established work hours and improved overall working conditions. Later,
the legislation was updated as Bangladesh Labour Act 2006, which reformed our country's
labor laws and changed a number of procedures for the country's labor sector. It also
improved the definition of manual labor by include several sectors that were not covered by
the earlier Factories Act of 1965. (Banglapedia,2015).
This provision also assures that salaries, vacations, maternity allowances, and other benefits
are properly paid. Regulations for trade unions are also included in the Act. In 2013, the
Labour Act of 2006 was revised. This amendment introduces a compensation provision in the
event of an employee's death. This also includes child labor rules, such as defining hazardous
jobs for youngsters. The legislation also mandates the use of safety equipment and establishes
regulations governing the facilities required for physically challenged workers.
These restrictions also apply to Bangladesh's ready-made garments (RMG) industry. The
RMG industry is the country's largest export sector, accounting for around 34 billion dollars
in GDP (TextileToday, 2020). In their study, Islam and Rakib (2019)

performed studies inside Bangladesh's RMG industry and discovered that labor regulations
are in order in many cases, such as working conditions, maternity payments, and so on.
However, there are several areas where labor regulations may be improved, such as employee
healthcare and profit sharing. According to their findings, over 95% of workers in their
survey reported that they receive their salaries either before or within seven work days of the
next month. They were also given appropriate time off in compliance with current labor
standards. Despite this excellent response, the researchers discovered that the majority of
suspended and retiring workers get paid late. They also discovered that in the RMG business,
the majority of candidates suffer delays in the event of an employee's death. Also, according
to Islam & Rakib (p. 480), no garment industry in the nation has a method to control or share
profit with the workers. Furthermore, the majority of workers in these industries are not
permitted to freely join any trade union. Female laborers are considerably less numerous.

Objectives:

The general objective of this investigation is to assess the utilization of legal and different
compliances pertinent to the readymade garment industry of Bangladesh.

The particular objectives are:

· To portray the legal issues relevant to readymade garment industry of Bangladesh

· To distinguish the zones or factors identified with the legitimate and different
compliances of readymade garment industry of Bangladesh

· To distinguish and clarify the huge variables or territories concerning the legal
viewpoints or different compliances of readymade garment industry of Bangladesh

· To give a few ideas to the policymakers to advance the current circumstance of the
readymade garment industry of Bangladesh

· To examine the essential practices and state of employment

· To distinguish the functioning hour, additional time and leave of laborer according to
Labour Act 2006.

· To inspect the associations wage rehearses


· To recognize the wellbeing and cleanliness measures taken by associations

· To examine the current acts of the security estimation particular associations.

· To evaluate the means taken by the association for the government assistance of the
specialists

· To look at the arrangements about the remuneration for unintentional injury

· To recognize the arrangements taken by the administration for maternity advantage


according to Labour Act 2006.

· Execution of Labor Laws in RMG Sector of Bangladesh

· To give ideas to improving the Labour laws rehearses in the associations

Labor Laws in the RMG sector

Bangladesh has a large and cheap workforce of about 90 million in agricultural and non-
agricultural jobs. Industrial jobs are mostly non-agricultural work. All businesses are obliged
to follow governmental labor laws that guide salary levels, states of employment, leave
policies, health and health conditions, working hours, and insurance for injured workers.
Bangladesh's constitution ensures liberty of association and the license to join associations in
its field of Employee Rights & Labor Law in Bangladesh.

Bangladesh’s labor law is regulated by the 2006 Labor Act and the 2015 Labor Rules. The
Act and Rules apply to employees working in industrial and commercial organizations. The
laws describe annual leave, working hours, medical leave, and weekly vacations. The laws
utilize the business's profits for gratuity benefits, provident funds, and participation.

Some of the Labor laws are mentioned below.

Working Hours in Bangladesh Labor Law:

Some laws require working time limits. Firstly it was meant to make your limits to secure a
healthy working environment and enough rest time between shifts. In our country, the 2006
Labor Act describes the daily and weekly basis of working hours, including the overtime
hours and their payment.

1. Daily Working Hour: 8 hours per day.


2. Weekly Working Hour: 48 hours per week.
3. Interval for Rest or Meal: Shift passing 6 hours must include a 1-hour break, a shift of
5 hours must include 30 minutes break and, a shift of 8 hours must include two 30
minutes break, or one 1-hour break
4. Overtime: 10 hours per day and 60 hours per week. Employees must be paid 2 times
the basic pay during the overtime.
5. Limitation for Women Workers: No shift is allowed from 10.00 pm to 06.00 am
without the woman worker’s permission.

Wages in Bangladesh Labor Law:

Wage is any payment declared in terms of money that would be payable to a worker in honor
of his or her work performed in that job. It does not include -
● House accommodation, supply of light, water, medical attendance, or other facility or
of any service prohibited by the common order of the government.
● Any grant paid by the company to any pension fund, provident fund.
● Any traveling allowance.
● Any amount paid to the worker to pay special expenses.

Worker's wages must be paid before the expiry of the seventh day after the last day of the due
wage time.

Holidays and leave in Bangladesh Labor Law:

Every employee normally with a holiday is labeled to the following leaves:

· Personal leave

· Festival leave

· Maternity leaves with full pay.

· Weekly holy day

Some other leaves are:

Casual Leave: Section 115 of the Labor Act, 2006, permits casual leave. It is provided for 10
days in a year with full wages.

Sick Leave: Section 116 of the Labor Act, 2006, permits workers to take leave by providing
medical certificates issued by registered doctors. Over 14 days in a year, any worker shall be
allowed to sick leave with full wages.

Annual Leave: Section 117 of the Labor Act, 2006, allows a worker who completes one year
of constant service at an organization. He or she is normally allowed to leave with wages for
a certain number of days in 12 months.

Termination by dismissal in Bangladesh Labor Law:

If a worker is found to be guilty of such crimes as stealing, bribe giving and taking, fraud, etc.
the employer can fire the employee without warning or pay.

Maternity Leave in Bangladesh Labor Law:

Section 45(1) of the Labor Act, 2006, forbids an employer from employing a woman for
eight weeks instantly after the day of delivery.

Section 45(2) prevents a woman employee from laboring in any organization for the 8 weeks
directly following the day on which she has given birth.

Section 45(3) bans the use of any woman for work if she is likely to be delivered from a child
within 10 weeks.

Section 46 permits women to have maternity leave of 16 weeks, 8 weeks before, and 8 weeks
after the delivery. This benefit shall only be possible to workers who have worked under the
company for at least 6 months before the notice of the delivery.

Implementation of Labour Laws in RMG Sector of Bangladesh


The application of Labor Law provisions Bangladesh Labor Act-2006 in RMG sector work
place. The general provisions regarding administration rule and strategy, maternity
advantages, compensation and additional time installment, remuneration for injury
unintentionally, fortunate asset, wellbeing and cleanliness, wellbeing and security,
government assistance and working hours, leaves and occasions are found on a normal norm.
The main lacking in this regard is maternity advantage with leave, opportune asset offices
putting out fires machinery what's more, training of the specialists on wellbeing provisions.
The significant complaint is regarding government assistance provisions. Working hours,
leaves, and occasions provisions are discovered pretty much in conformance with the factory
acts provisions.
Wage Provisions:
Section-120 to 124 of Bangladesh Labor law Act-2006 and the ensuing Rules has set down
nitty gritty provisions regarding wage and the additional installment for extra time.Section
121 and 122 gives that each business will be answerable for the installment to laborers
employed by him of all wages needed to be paid under this act and each individual
answerable for the installment of wages under Section-121 will fix period, to be called wage
periods, in regard of which such wages will payable and furthermore gives that no pay period
will surpass one month. Section-123 explained that the wages of each laborer will be paid
before the expiry of the seventh after a long time after the most recent day of the wage period
in regard of which the wages are payable.

Compensation for Injury by Accident Provisions:


Section-150 to 155 of Bangladesh Labor law Act-2006 and the ensuing Rules have set down
point by point provisions regarding compensation for injury coincidentally. Section150 gives
that if individual injury is caused to a laborer coincidentally arising out of and throughout his
work, his manager will be at risk to pay compensation. The business will not be obligated to
pay compensation.
Working Hours, Leaves and Holidays Provisions:
Section-101 to section118 of Labor Act - 2006 and the ensuing Rules has set down itemized
provisions regarding working hours, leaves and occasions. Section-101 gives that working
hours ought to be planned for such style that each specialist get one hour interval subsequent
to working six hours at a stretch. on the off chance that he is permitted interval of half hour it
ought to be given following five hours working at a stretch. Section-103 gives that no grown-
up laborer will be required or permitted to work in a factory for more than 48 hours per week.
For a day a laborer can work as long as 10 hours by Section - 100 and by Section-102
absolute long stretches of work of a grown-up specialist will not surpass sixty hours in any
week and on the normal 56 hours out of every week in any year.
Section-104 portrays that where any laborer who needs to chip away at the planned occasion
is qualified for compensatory occasion. That specific laborer ought to be granted
compensatory of his lost occasion. This compensatory occasion should be granted to the
specialist within two months it has been because of him.
Section-108 states that where a specialist works in a foundation on quickly or week for more
than the hours fixed under this Act, he will, in regard of extra time work, be qualified for
stipend at the pace of double his ordinary pace of essential compensation also, dearness
remittance and specially appointed or interim compensation, assuming any.
Section-117 propose that overall specialists who are working in a factory for the most recent
a year are qualified for get yearly leave with pay at the pace of one day leave for twenty –
two working days. If there should arise an occurrence of youngster labor laborers this rate
will be reexamined as one day leave for fifteen working days. Section - 116 proposed that any
laborer be qualifies for 14 days of wiped-out leave on full compensation.of Bangladesh
shows a considerable absence of execution of the provisions in the

Shortcomings in The State of Labour Laws in the RMG Sector in Bangladesh

The Bangladesh RMG sector has consistently had a "sweatshop" picture which still wins
despite the fact that there have been intense enhancements in working conditions at the
processing plants. The Bangladesh Work Law 2006 is a solid piece of enactment, which
covers a greater part of the worldwide norms. The study led by German advancement
participation, through the task for the Promotion of Social, Environmental and Production
Standards in the Readymade Garment Sector (PROGRESS) uncovered that by following this
law, providers are a couple of steps from accomplishing the global accepted procedures.

Working hour:
The new work law 2006 has decreased the day by day working hours for RMG laborer to 8
hours-a-day from the past 9 hours-a-day. It makes an arrangement of 8 working hours daily
for a grown-up specialist, yet a grown-up laborer may work 10 hours daily given that the
business is needed to pay the laborer, additional time, twofold the pace of her/his typical
wages. For example, fundamental and dearness stipend, assuming any. The business is
additionally needed to keep an extra time register according to the law. (GTZ, 2007). In any
case, past investigations uncovered that, in a large portion of the article of clothing
production lines, laborers are compelled to work 14 to 16 hours of the day disregarding the
work law that expresses a limit of 10 hours each working day. Ahmed (2006) referenced that
specialist are typically constrained to labor for 12 hours and additional time installment is
determined following 12 hours rather than 8 hours. During the shipment time laborers need to
work longer. Extra time installment is likewise an issue: laborers are frequently not paid as
they ought to be as indicated by the law. (Murshid et al, 2003) All the male respondent of this
examination reports that they have no grumble to work till '8am to 10pm' or 14 hours per day
in the event that they get the extra time installment routinely. Female specialists are not for
the most part willing to work after 6pm as they have some family works. Even the male
specialists who are living with their family will work for extra-time as this is the solitary
method for bringing in additional cash. They named it as "Additional time offices". Plant
supervisors concurred that, the processing plant the individuals who can't furnish their
specialist with extra time offices just as installments have the higher representative turnover
rate. Anyway, the laborers are not paid at twofold rate as referenced in the law.

Compensation and benefits:

As indicated by the law of the country, laborers getting harmed and meeting with death in fire
case in the manufacturing plants are qualified for compensation. In BLL 2006, measure of
compensations has been expanded. For passing's, the measure of compensation has been
learned at Taka. 100000.00 per specialist and for a lasting complete incapacity, the sum fixed
is Tk. 125000 for every specialist. If there should be an occurrence of a mishap that may
occur because of boss' carelessness, the compensation sum will be twofold. Anyway, the
requirement of these laws is poor. During interviews when the laborers were gotten some
information about their 'different benefits', 40% of the specialists under this investigation who
work with enormous firms that have an immediate relationship with their purchasers, have
detailed that they have flask and kids' room in their processing plant. 60% of the respondents
need to convey their own food and all the respondent have 30 minutes mid-day break. In spite
of the fact that the arrangement for a youngster's space for each 40 female specialists having
their kids beneath the age of 6 years have been given by the Bangladesh Labor Law 2006, it
isn't 100% authorized in the RMG processing plants.

Some Recommendation in RMG sector of Bangladesh:


Major recommendations associated with labor welfare Compliance-
Because the world gives tons of attention to compliance issues, thus Bangladesh should
follow these remedies Accord and Alliance, ILO, United States government and Common
Market guidelines Increase Compliance is extremely important. If we tend to fail the time is
not far when the brand and the purchaser will not get from us Factory safety, fire safety,
authentic buildings etc.
must be complied with Which will ensure workers’ welfare:
To ensure safety of RMG factories-
With the support of all local and international stakeholders, the govt. of Bangladesh is
constructive, Fire and electric Security RMG factory. Workers’ safety. Strengthening the
Labor Inspector If the labor inspector is to be effective, then a complete overhaul is
required. Government Bangladesh must rebuild the inspection department (DIEF) of
factories and organizations. Responsibility and transparency must be ensured. Where public
information base and website Inspection reports that can that may be accessed will
represent a step toward transparency and exposure Inspection services.
Strengthening fire Services-
According to the current requirement, the fire Service and protection Department (FSCD)
should be strengthened Requirements inspection work and emphasis on enhancing its
ability to react Events This section requires industrial plant inspection more effectively,
And carry the alarm drills when industrial plant holders safely keep the buildings safe during
the alarm Sounds Without inspection-
The RMG plant inspection work is a crucial step towards improving security within the
sector. The Challenges continue to accelerate the already created. Bangladesh has to make
its institutional, regulatory And the oversight process associated with building and fire
safety to make sure safe working environment Once the support from external partners
ends.
Professional health and safety enhancement-
The skills and skills of professional safety and health are the foremost important Challenges
for RMG sector! Through coaching and education and wider awareness Campaigns and
materials, staff and employers must be from the safety and safety practices Good for the
purpose of preparing national action plan for fire and building safety. A good program for
Bangladesh is being launched. The Better Work program is designed to push competitive and
competitive promotion worldwide Clothing industry It must comply with international labor
standards and national laws Worldwide provide chain supported the expansion and
development of socially responsible export strategies Enterprise level economic and social
performance.
Establishment of an Employment Injury Insurance Project-
Experience of putting in a compensation system after amphibian genus Plaza Demonstrating
requirements for establishing an Employment Lease Insurance (Ell) project. This Employees
benefit, financial risk spread among employers and improve the image Bangladesh RMG
sector fame.
Conclusion:
In this labor law, There are some main reasons for Labor Law are taken into consideration.
Most workers think that salary isn’t paid according to the salary declared. It isn’t paid within
subsequent seven days within the stipulated time. The workers think they work for the
factory and there is no welfare fund for them. Collected information reflects the opinion of
the workers of Narayanganj area.

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