Bangladesh Labor Code 2006

Definitions
Factory

■ Factory means any premises including the

precincts thereof whereon generally five or
more workers work on any day of the year
and in part of which a manufacturing process
is being carried on but does not include a
mine.
 Manufacturing Process
■ Manufacturing process means of the following
processes:
■ (i) for making, altering, repairing, ornamenting,
painting, washing, finishing or packing or
otherwise treating any articles or substances with
a view to its use, sale, transport, delivery, display
or disposal,
■ (ii) for pumping oil, gas, water, sewage, or other
fluids or slurries or
■ (iii) for generating, transforming, or transmitting
power or gas,
Manufacturing Process (Cont..)

(iv)for constructing, reconstructing

repairing, refitting, finishing or breaking up
of ships or vessels, or
(v) for printing by letter press, lithography,
computer, photocompose, offset or other
similar work or book binding which is
carried on by way of trade or for purposes
of gain or incidental to another business so
carried on;
■ Adults: Adult means a person who has
completed his eighteenth years of age.

■ Adolescent: Adolescent means a person

who has completed his 16-years of age but
has not completed his 18th year.

■ Child: Child means a person who has not

completed his 16-years of age.
Worker/Labor
An worker or “labor” is defined as any
person, including a trainee/probationer,
whether the terms and conditions of his/her
employment are expressly written or not,
who is employed directly or through a
contractor/agency, for any skilled, unskilled,
physical, technical, business development or
clerical job in any establishment or industry.
Classification of Workers
1. Apprentice: A worker who is employed in an establishment as a
trainee and during the period of training he is paid an allowance is
called an apprentice.
2. Badli: A worker who is employed in an establishment for the
period of temporary absence of a permanent or probationer
worker.
3. Casual: A worker employed on a casual basis.
4. Temporary: A temporary worker in an establishment for work that
is basically temporary in nature and is likely to be finished within a
limited period.
5. Probationer: A worker provisionally employed in any
establishment to fill up a post of permanent vacancy and his
probationer period has not to be completed.
6. Permanent: A worker employed with a view to fill up a permanent
post or if he completes satisfactorily his probation period in the
establishment.
Provisions Regarding
Health and Hygiene
 Health and Hygiene
In relation to Health and Hygiene, employers must

Section Duty
51
Ensure the cleanliness of the establishment;
a) All inside walls when painted must be
repainted or re-varnished at least once in every
5 years.
b) Where they have smooth surfaces they must
be cleaned at least once in 14 months.
c)In other cases they must be whitewashed or
color-washed at least once in 14 months.
d)Where they are painted with washable water
paint must be repainted at least once in every
period of 3 years and washed at least once in
every 6 months.
 Health and Hygiene
52(1)
Take effective measures to ensure that
every workroom has adequate ventilation
through the circulation of fresh air;

52(4) Where the nature of the work involves the

production of ‘excessively high temperatures”,
take measures to separate the process from
the workers through insulation or other
effective measures.
 Health and Hygiene
53(1) Where any process gives off dust or fume or
other ‘injurious or offensive’ substance, take
‘effective measures' to prevent its accumulation
in any workroom and its inhalation by workers
including any exhaust appliance which should
be fitted as near as possible to the point or
origin of the dust or fume,
54 Take effective arrangements for the disposal of
wastes and effluents;
56(2) Prevent over-crowding;
57 Provide Sufficient and suitable lighting;
Health and Hygiene

58 Provide “wholesome pure drinking

water” conveniently situated for all
workers;
59 Provision of clean, ventilated and
lighted latrines and urinals –
separately for male and female
workers.
Safety Issues
 In relation to fire safety, employers must
Section Duty
Staircase
62 At least two stair cases of 45” in width
62(3) Ensure that no exit doors are locked or obstructed whilst
workers are inside the building, and all doors should
open outwards unless they are sliding doors.
63(4) Ensure that every window or door that could be used for
escape is marked red in Bengali
62(7) Ensure that where more than 10 workers are employed
above ground floor, or where explosives or inflammable
materials are used, all workers should be provided
training or means of escape if there is a fire;
62(8) Ensure where more than 50 workers are employed, a
demonstration of fire extinguishing must be held ,
Section Duty
63
Ensure that dangerous part of any machinery –
including flywheels, prime movers etc – are” securely
fenced” though ‘substantial construction” when they are
moving;
64
Where moving machinery must be inspected whilst in
motion, ensure this is only undertaken by a ‘specially
trained adult male worker’ with close fitting clothes,
whose name has been recorded the register;
65 Ensure striking gear is provided;
65(2)
Provide suitable devices in every workroom for cutting
off power in emergencies from running machinery;
Provisions regarding the welfare of
workers:

Applicable for the facility where 50

Labor Code 2006-205
Employee welfare committee
or more employees are employed.

First Aid Kit (Labor One first aid box for every 150
Code 2006-89) workers.
Every dangerous part of any
Eye guard/ Needle machinery (moving or in use) shall
guard: (Code 2006-69) be securely fenced by the
safeguards
Provisions regarding the welfare of
workers:
Canteen (Labor Canteen needed if more than 100
Code 2006-92) workers are employed

Dining (Labor If more than 50 workers employed a

Code 2006-93) rest room and lunch room required

If more than 40 female workers

Child Care Room
employed then child care room
(Code 2006-94)
needed
Working Hours

Working Hours:

Daily Work Hours (Labor

General 8 + Overtime 2
Code 2006-100):

General 48 + Overtime 12
Weekly Work Hours
On average 56 hours per week in a
(Labor Code 2006-102):
year
Working Hours: Daily Rest

After six hours work 1

Daily Rest (Labor Code hour break or two half an
2006-101): hour breaks after 5 hours
and 8.5 hours of work.
Working Hours: Weekly Rest
Weekly Rest (Labor Code 2006-103):

Shop, commercial or
Industrial One and half days/week
establishment:
Factories and other
One day/Week
establishments:

One day for 24 hours consecutive work.

Road transportation
As soon as circumstances permit, compensatory holidays
establishment:
of equal number to be provided (Labor Code 2006-104)

If employees work on weekend, as soon as circumstances permit, compensatory

holidays of equal number to be provided (Labor Code 2006-104)
 Overtime Wage and Allowance:

Overtime Hours More than 8 hours of work/day

(Labor Code 2006-108): More than 48 hours of work/week

Overtime allowance (Code

Two times the normal hour rate.
2006-108):
Payment of wages
Wages Periods (Code
Shall not exceed one month.
2006-122):

Time of payment of
Before the expiry of the seventh working day of the wages
wages (Code 2006-
period in respect of which wages are payable.
123):

Deduction to be made proportionately from the wage for

the absent period.
This section does not support the following:
Deduction for * One day absent for three days late
absenteeism (Code * Weekend/Paid Holidays considered as absent day for
2006-126): consecutive absenteeism.
* Adjusting OT hours with absent days
Etc.
Leave and Benefits
Casual Leave (Code 2006-115)
Sick Leave (Code 2006-115)
Annual Leave
(Code 2006-117)
Festival Holidays
(Code 118)
Maternity Leave (Code 2006-46)
Group Insurance
(Code 2006-99)
Workers Participation in
Companies Profit
(Code 2006-232-252)
10 days/Year (No carry forward)
14 days/Year (No carry forward)
1 Day earned for 18 days work.
Can be availed during the subsequent period of twelve
months. Can be carried forward to the next year but
cease in 40 days for adult workers
10 Days/ Year. If work on festival holiday the worker
is entitled for two days leave with full wages and
another alternative holiday.
16 (8+8) weeks with full pay
Every factory where more than 200 workers were
employed, to be introduced mandatory Group
Insurance scheme.
If 100 or more employees employed, Paid up Capital
is at least take one crore, Fixed Asset is at least taka
two crore of a company then this section applies.
Criminal Offences, Prosecutions and
Sentences Involving the Labor Code

■ Offences and Sentences

There are a number of new offences - as well as
significantly more stringent penalties that can be
imposed by the court - relating to health, safety
and welfare issues in the new labor code.
Any person who violates any provision of
the code that
• results in death, that person can be
sentenced up to four years of imprisonment
or with a fine of up to 1 lakh taka
• results in “grievous bodily harm”, can be
sentenced to two years imprisonment or a
fine of up to 10,000 taka or both.
• Results in any other harm to a worker or
other person or causes any other danger, he
can be sentenced to six months imprisonment
or a fine of up to 2,000 taka.
 Annex Three: Criminal Offences
Subject Matter Section Offence Fine (Taka) Maximum
Imprisonment
Dismissal, 283 Failure to comply with a civil law 5000 3 months
retrenchmen court order imposed by the
t etc Labour Court, pursuant to its
powers under section 33,
relating to dismissal,
retrenchment etc

Employment of 284 Any violation of provisions relating 5000

Children to the employment of children
and young and young persons (set out in
persons chapter 3)