Constitution as the basis for Labour Legislation

• The Fundamental Rights and the Directives

Principles of State Policy enshrined in our
Constitution need a special mention in view of
their supreme importance in directing and
influencing the Labour Legislation in the
country

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 Fundamental Rights
• The Fundamental Rights covers, among others equality
before law, prohibition of discrimination on ground of
religion, race, sex or place of birth, equality of
opportunity in matters of public employment,
protection of rights regarding freedom of speech,
freedom of assembly, freedom of association, freedom
of profession, protection of life and personal liberty,
and right against exploitation.
• Prohibition of force Labour: According to the Article 34
of the Constitution all forms of forced labour are
prohibited and any contravention of this provision shall
be an offence punishable in accordance with law.

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 Fundamental Rights
• Freedom of Association: Article 38: every
citizen shall have the right to form association
or unions, subject to any reasonable
restrictions imposed by law in the interest of
morality or public order.
• Discrimination on ground of religion etc.,
• (1) the State shall not discriminate against any
citizen on grounds only of religion, race, casts,
sex or place of birth.
• (2) Women shall have equal rights with men in
all spheres of the State and of public life
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 Fundamental Rights
• (3) no citizen shall, on grounds only of religion,
race, caste, sex, or place of birth be subjected to
any disability, liability, restriction, or condition
with regard to access to any place of public
entertainment or resort, or admission to any
educational institution.
• (4) Nothing in this article shall prevent the State
from making special provision in favour of women
or children or for the advancement of any
backward section of citizen.
• Fundamental Rights are enforceable in the Law
Courts and create justifiable rights in individuals.
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 Fundamental Rights

• Article 26 of the constitution expressly

provides that all laws in force in the country
immediately before the commencement of
the Constitution which are inconsistent with
the Fundamental Rights conferred by the
Constitution shall to that extend be void.

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 Directives Principles of State Policy
• The Fundamental Principles of State Policy of the
constitution lay down guiding principles which the State
ought to follow both in framing laws and enforcing
them. Although they confers no legal remedies, still they
provide good guide in the governance of the country.
• The relevant Directive Principles affecting, directly or
indirectly, Labour Legislation are as follows:
• Principles of Ownership: Article 13: The people shall own
or control the instruments and means of production and
distribution, and with this end in view ownership shall
assume in forms of state Ownership, Co-operative
Ownership and Private Ownership. 

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 Directives Principles of State Policy
• Emancipation of peasants and workers, Article 14: It
shall be a fundamental responsibility of the State to
emancipate the toiling masses the peasants and
workers and backward sections of the people from all
forms of exploitation.
• Provision of basic necessities, Article 15:
• (a) the provision of the basic necessities of life, including
food, clothing, shelter, education and medical care;
• (b) the right to work, that is the right to guaranteed
employment at a reasonable wage having regard to the
quantity and quality of work;

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 Directives Principles of State Policy

• (c) the right to reasonable rest, recreation and

leisure; and
• (d) the right to social security, that is to say, to
public assistance in cases of undeserved want
arising from unemployment, illness or
disablement, or suffered by widows or
orphans or in old age, or in other such cases.

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 Directives Principles of State Policy
• Rural development and agricultural revolution,
Article 15: The State shall adopt effective
measures to bring about a radical
transformation in the rural areas through the
promotion of an agricultural revolution, the
provision of rural electrification, the
development of cottage and other industries,
and the improvement of education,
communications and public health, in those
areas, so as progressively to remove the
disparity in the standards of living between the
urban and the rural areas.
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 Directives Principles of State Policy
• Public health and morality, Article 18: (1) The
State shall regard the raising of the level of
nutrition and the improvement of public
health as among its primary duties, and in
particular shall adopt effective measures to
prevent the consumption, except for medical
purposes or for such other purposes as may
be prescribed by law, of alcoholic and other
intoxicating drinks and of drugs which are
injurious to health. 10
 Directives Principles of State Policy
• Equality of opportunity, Article 19: (1) The State shall
endeavour to ensure equality of opportunity to all
citizens.
• (2) The State shall adopt effective measures to remove
social and economic inequality between man and man
and to ensure the equitable distribution of wealth among
citizens, and of opportunities in order to attain a uniform
level of economic development throughout the Republic.
• (3)The State Shall endeavour to ensure equality of
opportunity and participation of women in all spheres of
national life.

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 Directives Principles of State Policy
• Work as a right and duty, Article 20: (1) Work is a right,
a duty and a matter of honour for every citizen who is
capable of working, and everyone shall be paid for his
work on the basis of the principle “from each
according to his abilities, to each according to his
work”.
• (2) The State shall endeavour to create conditions in
which, as a general principle, persons shall not be able
to enjoy unearned incomes, and in which human
labour in every form, intellectual and physical, shall
become a fuller expression of creative endeavour and
of the human personality. 12
 ILO Conventions signed and Ratified by Bangladesh
• Bangladesh has been an important and active
member State of the ILO since 22 June 1972.
• To date, Bangladesh has ratified 35 ILO
Conventions including 7 fundamental
Conventions out of 8 as enshrined in the ILO
Declaration. However Bangladesh did not ratified
yet the remaining Fundamental Convention
Minimum Age Convention, 1973 (No. 138).
• The Bangladesh Government has made
amendments to the 2006 Labour Act to make it
more in line with International Labour Standards.
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 ILO Conventions signed and Ratified by Bangladesh

• The government of Bangladesh approved the

new labour law in 2013 by amending the act of
2006.
• The new law include 87 sections of
amendments to boost workers' rights,
including better access to freedom of
association (i.e., to form trade unions), and
improving occupational health and safety
conditions.
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 The Bangladesh Labour (Amendment) Act, 2018

• The Bangladesh Labour (Amendment) Act, 2018

aims to make labour law worker-friendly while
regulating the conduct of workers and owners in
compliance with the standards of International
Labour Organization (ILO).
• After the Rana Plaza collapse, Bangladesh had to
raise its standard of labour law to international
standards in order to obtain the Generalized
System of Preferences (GSP) plus status in the
European Market. The proposed amendment
attempts to fulfil these conditions by a margin.
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 ILO Conventions signed and Ratified by Bangladesh
Sl. Title of the Convention (Year, No.) Date of
no Ratification
1 Hours of works (Industry) Convention, 1919 (No.1) 22.06.1972

2 Night Work (Women) Convention, 1919 (No. 4) 22.06.1972

3 Night work of Young Persons (Industry) Convention, 1919 22.06.1972

(No.6)
4 Right of Association (Agriculture) Convention,1921 22.06.1972
(No.11)
5 Weekly Rest (Industry) Convention, 1919 (No.14) 22.06.1972

6 Minimum Age (Trimmers & Stokers) Convention, 1921 22.06.1972

(No.15)
7 Medical Exam. of Young Persons (sea) Convention, 1921 22.06.1972
(No.16)
8 Workmen’s Compensation (Occupational Diseases) 22.06.1972
Convention, 1925 (No.18)
9 Equality of Treatment (Accident Compensation) 22.06.1972
Convention,1925 (No.19) 16
 ILO Conventions signed and Ratified by Bangladesh
Sl. Title of the Convention (Year, No.) Date of
no * Fundamental Convention Ratification

10 Inspection of Emigrants Convention, 1926 (No.21) 22.06.1972

11 Seamen’s Articles of Agreement Convention, 1926 (No.22) 22.06.1972

12 Marking of Weight (Packages Transported by vessels) 22.06.1972

Convention, 1929 (No.27)
13 * Forced Labour Convention, 1930 (No.29) 22.06.1972

14 Protection Against Accident (Dockers) (revised) 22.06.1972

Convention, 1932 (No.32)
15 Underground work (women) Convention, 1935 (No.45) 22.06.1972

16 Minimum Age(Industry) (revised) Convention, 1937 22.06.1972

(No.59)
17 Final Articles Revision Convention, 1946 (No.80) 22.06.1972

18 Labour Inspection Convention, 1947 (No.81) 22.06.1972

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 ILO Conventions signed and Ratified by Bangladesh
Sl. Title of the Convention (Year, No.) Date of
no Ratification
19 * Freedom of Association & Protection of the Right to 22.06.1972
Organize Convention, 1948 (No.87)
20 Night Work (Women) convention (revised) 1948 (No.89) 22.06.1972
21 Night Work of Young Persons (Industry) (revised) 22.06.1972
Convention, 1948 (No.90)
22 Fee-charging Employment Agencies Convention (revised), 22.06.1972
1949 (No.96)
23 * Right to Organize & Collective Bargaining 22.06.1972
Convention, 1949 (No.98)
24 * Equal Remuneration Convention , 1951 (No.100) 28.01.1998
25 * Abolition of Forced Labour Convention , 1957 22.06.1972
(No.105)
26 Weekly Rest (commerce & offices) Convention, 1957 22.06.1972
(No.106)
27 Indigenous & Tribal Population Convention, 1957 (No.107) 22.06.197218
 ILO Conventions signed and Ratified by Bangladesh
Sl. Title of the Convention (Year, No.) Date of
no Ratification
28 * Discrimination (Employment & Occupation) 22.06.1972
Convention , 1958 (No.111)
29 Final Articles Revision Convention, 1961 (No.116) 22.06.1972
30 Equality of Treatment (Social Security) Convention , 22.06.1972
1962 (No.118)
31 Tripartite Consultation (International Labour Standards) 17.04.1979
Convention, 1976 (No.144)
32 Nursing Personnel Convention, 1977 (No.149) 17.04.1979
33 * Worst Forms of Child Labour Convention , 1999 12.03.2001
(No.182)
34 Seafarer’s Identify Document Convention (revised), 28.04.2014
2003 (No.185)
35 Maritime Labour Convention 2006 06.11.2014

*fundamental Conventions
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