An Act to consolidate and amend the laws relating to employment of labour, and application: (1) This Act may be called the Bangladesh labour. Act, BACKGROUND OF THE LABOUR ACT, Laws other than labour law applicable in Bangladesh. The Control of Employment Ordinance, Bangladesh > Labour codes, general labour and employment acts Ministry of Law, Justice and Parliamentary Affairs, Bangladesh PDF of Act in Bengali PDF.
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PDF | Garments sector is one of the most important vital sources of industrial employment in Bangladesh. One of the remarkable features of this sector is the. (1) The regulation of rights and duties in labour relations may depart (derogate) from this Labour. Code provided that such derogation is not expressly prohibited . THE BANGLADESH LABOUR ACT, ACT NO. XLII OF [11 October, ]. An Act to amend and consolidate the laws relating to employment of.
If whole of the compensation money or part thereof is deposited in Labor Court for the welfare of the person staying outside or willing to stay outside, the Labor Court shall issue orders for sending the money to the respective country after conducting necessary investigation. Bangladesh Gazette, Extra, September 15, Memorandum for sending money: As per Section and , if the Labor Court issues order to send money, the court itself shall prepare a brief description of the suit.
In addition, it shall record issuance of the order and name and address of the persons to whom the money would be sent and at last, it will sign the memorandum. If the Labor Court itself is not entitled authority, it shall send two copies of the memorandum mentioned in Section to the entitled authority.
The court can transfer the money to the authority or it can transfer the money as per the order of the authority. However, if the Labor Court itself is entitled authority, it shall take steps in accordance with Section The entitled authority shall send the money received by it or parts thereof to the Labor Court in order for disbursing the same at its discretion. The money received from the transferor authority has to be disbursed according to applicable laws and the regulations of this Code as much as possible.
However, if the transferor authority issues special orders regarding disbursement of the money, the court shall comply with that order. In order to fulfill the purposes of this Chapter: The accounts of Welfare Fund shall be preserved by the Labor Court according to Form and the same shall be subject to periodical audit and inspection.
Bangladesh Gazette, Extra, September 15, 2 The data about fund related activities and accounts thereof shall be included in the report that is to be submitted to the government every year, detailing about the steps taken by Labor Court as per the description of this chapter. In accordance with this Code, if any authority transfers money to another authority, the transferor authority shall bear the cost related with the transfer.
Minimum four hundred workers, being united, can form Union in accordance with this law. Bangladesh Gazette, Extra, September 15, 7 The activities from the start of registration application to providing registration can be performed online through using computer. However, printed copy of all activities has to be preserved for future reference. However, the Members of Executive Committee can be selected by following partial condition of Section applicable in respect of state-owned industry sector.
Bangladesh Gazette, Extra, September 15, 2 Under clause a of section each trade union federation has to keep the received finance account in the register as per form b. Registration fee- 1 registration fee of the trade union organization will be as follow which to deposited in the government treasury through treasury challan, namely: Type of trade union organizations Registration Fee 1.
Name or address change- 1 if any trade union changes its name and office address, the trade Union president and general secretary will apply to the Director of Labor to record that within 15 fifteen days of change. Audit- Final account of trade union, federation or confederation to be audited by recognized Chartered Accountant as per Bangladesh Chartered Accounts Order, P.
Annual returns submission- 1 the annual return for each calendar year as per section 1 will be submitted to Labor Director within or before April 30 in the next year as per consequently form a and 61 D , 61 b and 61 d and 61 c and 61 d by trade union, the Federation of Trade Unions and the Confederation, and the Labor Director or entitled officer by recording the received annual return will notify the decision.
Bangladesh Gazette, Extra, September 15, 2 If the trade union does not submit returns for consecutive two times and Trade Federation or confederation of unions for three times, then the Labor Director or entitled officer will instruct to submit the returns within 30 days and if fails to comply with such order, Labor Director or entitled officer will apply to the Labor Court demanding cancellation of registration of the trade Union or federation or confederation of trade unions.
Collective bargaining agent selection- 1 According to section sub- section 2 all unions take action for election of collective bargaining agent CBA by selecting election commissioner within not more than 15 days of the expiration of the period of the collective bargaining agent CBA.
Bangladesh Gazette, Extra, September 15, 3 If the presiding officer does not become satisfied about voter ID of the voter, then he may refuse to allow him to vote by secret ballot and in this regard his decision will be final. Nominate a representative- Each competitor can nominate maximum one person as the representative to be present during vote by secret ballot in each polling booth by applying in written to the presiding officer of every trade union polling center.
Result announcement- 1 Under section 15 d , the presiding officer himself will be sign results of the concerned center at the end of counting votes, and will ensure the signatures of representatives present therein. The Collective Bargaining Agent CBA office allotment- 1 the owner will allot an office room for the Collective Bargaining Agent CBA according to the organization's infrastructure and at the site in conformity with ventilation and facility of movement of workers inside and outside the organization.
Formation of participating committee- 1 the owner of each company, where at least fifty permanent workers work, will form a participating committee within 3 months of starting operations.
Bangladesh Gazette, Extra, September 15, 3 The number of workers participating in the committee will be determined as mentioned proportional rate of workers in the factory or organization mentioned in the table, namely: Nomination of representative in participation Committee by collective bargain agent and trade unions- 1 in accordance with section 5 to send representatives of workers in the participating committee the current registered trade unions will submit the names and details of the representatives to the owner as per form by receiving the request from him within 10 ten days.
Provided that, if there is female worker in any class, branch or division of the organization, nomination of women workers in the participating committee will be given priority.
Nomination of owner representatives in the participating committee- 1 Usually the chief executive or chief of the division or branch or welfare officer will be the representative of the owner on behalf of the organization, and where there is no such division or branch, acting officer of department or branch or welfare officer will be representative of the owner on behalf of the organization. Name announcing of the sent representatives to the participating committee- 1 the owner will form participating committee through notice within 7 seven days of receive nominations from the collective bargain agent and trade union, and the notice will be displayed on the notice boards, and copy will be sent to other trade unions and Labor Director along with the collective bargain agent: Provided that, for job termination by retirement, dismissal, or voluntary leave, or inability due to not performing the duty for physical or mental default, or convicted of or involving moral turpitude, if any representative in the participating committee nominated by collective bargaining agent or trade union, the post of that representative of the committee will be vacant.
If there is no trade union in the organization, the election procedure of worker representatives in participating committee by informing the labor director- 1 where there is no trade union or collective bargaining agent CBA in that case the organization will help in the election of worker representative of participating committee by secret ballot by informing the labor director.
Election Conduction Committee- 1 the owner will form an Election Conduction Committee of 3 three to 5 five members from the employer and the worker for conducting the election not less than thirty 30 days prior to the election, and will send a copy thereof to the Director of Labor. Provided that, opportunity of nomination paper submission to be given within not more than 7 days of notification, and election will be completed within 15 working days after the finalization of the candidacy.
Bangladesh Gazette, Extra, September 15, Qualification of the candidates for being elected representative in the participating committee- 1 any adult workers, whose job duration is not less than six months in the organization can be a candidate held by secret ballot to represent the participating committee: Provided that, if the age of an organization is less than one year the job duration of the candidates will not apply in the election.
The voter eligibility- 1 All workers who are employed by an organization at least 3 three months excluding temporary, replacement, trainee, seasonal workers and workers employed be the contractor, can vote representative election of the worker in participating committee. Ii A copy of the voter list will be displayed in both public notice board and the open places of the organization, and a copy of the voter list to be sent to the labor director or registrar of Trade Unions. Nomination- 1 any voter can propose or support the name one voter for electing the representative in the participating committee.
Selection- 1 the candidate himself or his proposer or any other person authorized by him can be present during nomination selection. Bangladesh Gazette, Extra, September 15, 3 The Committee may cancel any nomination if satisfied with: A The candidate is unfit to be representative of the workers according to the law or the rules; or B Disobey any of the rules of the concerned regulation in the case of submission of nomination papers. Voting in election- 1 if the number of the candidates, whose nomination papers are accepted as valid, is equal to the number of representatives to be elected, in that case all candidates will be declared elected by the election committee through notification.
Officers of participating committee- 1 the owner or his authorized person will be Chairman of the participating Committee, and will preside over the meetings of participating Committee. Notice and minute of the meeting- 1 notice of a meeting participating committee to be issued by giving seven days, but 24 hours notice will be issued in the event of an emergency meeting.
Bangladesh Gazette, Extra, September 15, 2 all copies of reports and minutes of meetings of participating committee to be sent to the organization's chief executive officer, duty officer, collective bargaining agent, each union having representatives in the committee and Director of Labor for the implementation of the decisions. Quorum of the meeting- two-thirds of the members present at the meeting will make a quorum of the meeting.
Duration of activity- 1 duration of activity will be for a period of 2 two years from the date of formation of the participating committee. Vacancy- 1 if any member be absent in three consecutive meetings without the prior permission of the Chairman, his membership in the Committee will be cancelled. Facilities of the meetings- the owner will provide all necessary facilities for the management and the work of committee meeting.
Formation of units participating committee- 1 if participating committee is formed in any organization, that committee can recommend to the owner to separate committees in any branch, department or region of the organization which consist of at least fifty workers. Bangladesh Gazette, Extra, September 15, 3 Provisions applicable for formation of committee and management of the participating committee of the organization will be applicable for formation of committee and management of the participating committee of the unit.
Implementation of decisions or recommendations of the participating committee- 1 after receiving the recommendation or decision of each meeting of the committee the owner or the authority take the initiative for implementation and execution of that decisions or recommendations urgently, and the owner or the authority will inform the progress of implementation of the decisions or recommendations of the previous meeting in the next meeting of the participating committee.
Avoiding some actions- any trade union, trade union federation or confederation, the collective bargaining agent, participating committee or any member thereof will avoid the following actions: Disposal execution- disposal paper will be signed in accordance with Form - 65 to fill up the purposes of section 3 and of 8.
Arrangement of secret vote for a strike notice- 1 collective Will request the arbitrator in written for arranging secret vote for the purpose of providing notice of strike within 7 seven day of receiving the certificate of the failure according to Article 1.
Filing case in labor court or appeal tribunal- 1 in accordance with article 33 3 any complaint will be filed as per form Bangladesh Gazette, Extra, September 15, 5 In case of other offenses inspector general or labor director or controller of provident fund or board of directors or any authority or his authorized officer will legally apply in white paper.
Nomination of member labor court- 1 in accordance with article 7 in purposes of appointment of a member for the labor court government, owners and workers will call the representatives from the owners and workers of organizations at the national level who are fit and experienced in labor laws. Resignation by a member- 1 any member of the Labour Court can resign from the post by written resignation letter to the Chairman.
Elimination of a member- Government can eliminate a member of the labor court by notification in the official gazette, if he- A loses the character of representation; B is sentenced for any offense punishable under the law or moral offenses; C fails to provide a written opinion in any case after being requested by the Chairman of the Labor Court; D is adjudged bankrupt; or E was absent in three consecutive meeting of that Labor Court where he is a member, without informing the chairman.
Filling up the vacant post of the member- 1 in case of vacancy due to death or resignation, the Government will fill up the vacant post within 1 one month by that process, which process was used to form the main panel. Informing for absence- any member of the labor court may be absent for 6 six months in the proceedings of court by informing the chairman. Allowance- any member of the labor court will be paid daily allowance determined by the Government to participate in court proceedings.
Chapter Fifteen Workers taking part in the company's profits Formation of central fund integrating the downloader and owner in hundred percent export oriented industrial sector.
Fund management and office. But provided that, until the Board appoints a Secretary, any Government official may act as temporary secretary. Bangladesh Gazette, Extra, September 15, 4 There will be required personnel under secretary for management of the fund, who will maintain accounts of income and expenditure of the fund.
Sources of the fund. Eligibility for getting benefits from the fund and use of money. Bangladesh Gazette, Extra, September 15, 3 2 two accounts will be opened under the Central Fund of which one is beneficiaries welfare account and the other is emergency accounts.
Bangladesh Gazette, Extra, September 15, 8 Grants will be given from the emergency account in case of the followings, namely: A As per section 28 a the transfer or permanently close any factory or establishment, the whole or partial payment of owed money to the beneficiaries by the Board in accordance with Rule 3: Provided that, the Board will pay the payment by verifying the owner's inability; B Payment of annual premiums of group insurance for the beneficiaries: Provided that, under Rule 98, compulsory insurance is in which institutions, that cannot be suspended until the fund established under this rule is not fully active; and C Introduction of health insurance scheme for the beneficiaries to ensure the health measures.
Investment of the fund money. Procedure of collecting the fund money. Formation of the board of directors. Term of the member and resignation.
Disqualification of the member. Elimination of a member. Salaries, costs grant and employee recruitment power of the secretary.
Provided that, approval of the board concerning the granting of such expenditure will be needed at the next meeting of the Board. Meeting of the Board of Directors.
Bangladesh Gazette, Extra, September 15, 3 The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, Secretary, Labor and Employment Ministry, the Vice-Chairman of the Board, will preside over the meeting and will sign the meeting's resolution.
Accounts and Audit. Annual reports of two funds. Bangladesh Gazette, Extra, September 15, 2 The nominee from the company's accounts department will perform the functions as secretary of the fund. Accounts maintain of two funds. Activity of the Board. Provided that, if Board enacted anything contrary to any law or the rules of procedure will be deemed void.
Duration of Board. Limitations of the capacity of trustees. Eligibility for benefits from two funds. Distribution of Funds. Annual report of two funds. Bangladesh Gazette, Extra, September 15, 2 After receiving statements by the Board, the owner has to submit a copy to the Factories and Establishments Inspection Department. Chapter Sixteen Provident Fund Formation of provident fund and the rules. Provided that, no provision of its own rules cannot be subversive of the provisions of the seventeenth chapter of Act and these Rules.
Bangladesh Gazette, Extra, September 15, 6 For the purposes of this chapter, the worker means all employed in the company regardless of rank, except the owner or partner, or members of the Board of Directors.
Eligibility to be a member of provident fund.
Bangladesh Labour Law-2006
Provided that, the illegal lock-out, legitimate strike, lay-off days and weekly vacation, sick leave, casual leave, maternity leave of more than sixteen weeks and any kind of authorized leave or absence of workers due to the holiday or vacation will not shorten the continuation of the employment in the organization.
Distribution of account numbers. Nomination of members of the Board of Trustees. Provided that, officials of the accounts department will be given priority for such nomination. Provided that, where there is no collective bargaining agent, workers' representatives will be nominated by the existing trade unions: Provided further that, where there is no trade union organization in that case, workers' representatives will be nominated by the workers' representatives of the participating Committee: Provided further that, where there is no collective bargaining agent or a trade union organization or participating committee, in that case, workers' representatives will be nominated from the workers of that organization under supervision of welfare officer.
Term and resignation of the member. Secretary of the Board. Meeting Board of Trustee Board. Quorum of Board- 1 At least one of the trustees representing the owners and workers and more than half of the trustees will be in attendance to make the quorum at a meeting of the Board of trustees.
Bangladesh Gazette, Extra, September 15, 2 Notwithstanding anything contained in Sub-rule 4 , If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum.
Minutes of the meeting. Employment of workers. Return due to the termination of employment. Maintaining the accounts of provident fund. Bangladesh Gazette, Extra, September 15, 2 the bank account will be jointly governed by the Chairman of the Board of Trustees, representatives of the owners and workers parties and money can be withdrawn by the joint signature of the Chairman and another member approved by the Board.
The annual report on the actions of the fund. Revenue Account.
Investment of money of the fund. Operating costs. Type of the account. Account audit.
Dividends or profit. Nomination of nominee. Bangladesh Gazette, Extra, September 15, 3 If a member wishes to divide money in his name proportionately to the nominated people, then he may state it his nomination paper. Conditions for payment of the fund money. Provided that, anyway the tenure is, due to the death or closure of the organization the member will receive the both part deposited in the fund.
Payment of the money of the dead member. B If the nomination does not exist or if any of nomination is not applicable on any part of the deposited fund, in that case complete deposit or on which part is not applicable that part will be payable to his family members according to the law of deceased's family.
Payment of the money of Provident Fund. IV of and where there no guardian or manage is not appointed, in that case money to paid to the legally entitled person for the minor or insane. Receiving Advance form the fund. Bangladesh Gazette, Extra, September 15, 3 Money received as advance to be paid in not more than 60 sixty equal monthly installments: Provided that, no installment of the advance will be more than one-third of the monthly wages of the worker.
Operating the functions of the Board. Penalty for violation, etc. Necessity of the provident fund: Provident fund in tea-garden: The obligation to be a member of the provident fund.
Provided that, where the same worker is already a member of the fund, in that case the owner inform the controller by registered post with name, account number and other details of the previous owner within seven days of appointment and will collect the receipt.
Meeting of the Board of Trustees. Quorum of the meeting: Minutes of meeting: Fee and Allowances. Salaries, costs grant and employee recruitment power of the controller. Provided that, in case of deposit and payment of money by check of bank in small-town, in that case check to be paid by adding the check collection fee. Bangladesh Gazette, Extra, September 15, 4 Retainer allowance paid to any worker in any garden during the time excluding the monsoon, which will be treated as wages to fulfill the purpose of these rules.
The member will not pay the part of subscription payable by the owner: Accounts of provident fund. Investment of funds: Provided that, the property will not be the leased the total value of property will not be more than one-third or in case of building, it will not be more than half of the mortgaged money.
Provided that, in the name of the members deposits money is payable, then from the first day of the current term that the money be taken from the day to day of the previous month to the day, or refund the money due to be paid until the end of the month for the next six months previously, that will be credited to the profit: Provided that, if the member is minor, he cannot make any nomination before his maturity.
Provided further that, if that minor dies before being mature, all money deposited in his name in the fund will be payable to his family members as per law. Payment in life insurance policies: Provided that, until submission of details of the proposed life insurance policy to the controller in the prescribed form and until it is accepted as appropriate, no permission can be given to withdraw this money and no permission can be given to withdraw more money than the originally payable money as premium or subscription.
Provided further that, if allowed to withdraw such money, the controller will pay that money to that insurance company directly and take the receipt of that payment. Bangladesh Gazette, Extra, September 15, 2 In case of new policy, after receiving the first premium the insurance company will deposit the insurance policy in favor of the appointment of the Board and the controller, taking the title and signature of the member, will keep the policy in safe custody. Saving the money raised from the bonus: Employment of re title of the policies: Conditions of payment in the fund: Provided that, any outgoing member may withdraw the deposited money after three months of the retirement.
Transfer of the member account: Payment of the money of the terminated employee: Bangladesh Gazette, Extra, September 15, 2 In accordance with rules money is being paid to the person who is minor or insane, in that case money to be paid to any guardian for a minor person as per Guardian and Wards Act, Act No. IV of Power to issue guidelines: Provident fund in newspaper organization: Participation of the workers in the fund- 1 Every worker who completed 2 two years of service in the organization to be a member of the fund.
Bangladesh Gazette, Extra, September 15, 2 Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that.
Provided that, during the 2 two years mentioned in sub rule 1 - a The illegal lock-out, legitimate strike, lay-off days; b Weekly vacation, sick leave, casual leave, authorized leave or absence of workers due to the holiday or vacation; c Maternity leave of more than sixteen weeks and any kind of will not shorten the continuation of the employment in the organization.
Secretary of the board: Bangladesh Gazette, Extra, September 15, 3 If in a meeting of the Board the chairman is absent, the present trustees will make one trustee to be president of the meeting, and he will preside over the meeting and will sign the meeting's resolution.
Current Account: Bangladesh Gazette, Extra, September 15, 2 Account will be governed by joint signature of 3 three members. Revenue Account: Provided that, the property may not be downloadd which is leased. Bangladesh Gazette, Extra, September 15, 2 Auditor appointed under sub-section will send three copies of the duly signed and sealed audit report to the Board.
Bangladesh Gazette, Extra, September 15, 6 The nomination given by the member can be changed at any time based on a written notice from the member. Eligible authority: Inspector general of Directorate of Inspection of Factories and Firms shall be treated as eligible authority for this chapter. Formation of a tripartite advisory committee: Tenure of the committee: Meeting 1 2 meetings will be held after every 6 six months provided, however, that meetings may be held for as many times as the chairman may think fit.
Functions of the committee: Apprenticeship policy of the establishment: Providing technical advice and guidelines: Inclusion in the apprenticeship program: Bangladesh Gazette, Extra, September 15, 4 For proof of physical fitness of the person under apprenticeship at time of enlistment, the owner arrange at his own cost health examination by a registered physician of said person as per Form and shall keep record of the facts for certificates as per Form a.
Apprenticeship agreement: Tenure of apprenticeship 1 The agreement of apprenticeship shall have a mention of tenure of apprenticeship. Provided, however, that as per government announcement in pursuant to these rules, tenure of apprenticeship may vary from trade to trade. Examination and Certification: Giving apprenticeship allowance: Working hours, leave and closure: Supply of training materials: Running and supervision of apprenticeship program: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Firms with 20 twenty or less trainees shall have an apprenticeship trainer who shall be the shop foreman or supervisor and for its assistance, an officer of the firm shall have to be given charges in addition to his normal duties.
Relevant theoretical education: Shifts of trainees: Termination of apprenticeship training before end of term: Change of trade: Preservation of records and submission of performance report: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Each of the owners shall keep a record of performance for each of the apprentices as per Form and shall preserve it for inspection by the due authority or its assigned officer.
Resolution of disputes: Chapter Eighteen Administration, Inspection, etc Duties and responsibilities of the director of labor: Provided, however, that if any person feels aggrieved at said directives, then he may lodge an appeal to the labor court within 14 fifteen days of issuance of the order. Powers and functions of the inspector: Chapter Nineteen Miscellaneous Serving notice to the Inspector General before start of work: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The inspector general or the relevant deputy inspector general shall verify and sign and thereupon send back a copy to the owner.
Provided, however, that the inspector general or any officer empowered by him shall not sanction any approval without any inspection on the spot. Application for sanction of registration and license for factory, industrial establishment, commercial firm, commercial bank and insurance firm, shop and contracting firm: License registration fee and providing license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Unless the license is renewed within one year of expiry thereof on payment of late fee as per rule, the license shall be treated to be automatically cancelled and in that case the authority shall have right to lodge complaints or cases to close that firm.
Amendment of license: Loss of license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 For application, Tk. Revocation of postponement of the license: Online program via internet: Fee payment: Appeal and its disposal lodged against several orders of the inspector: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The appeal authority shall allow necessary hearing for the appeal and settle the same within 60 sixty days of receipt of the appeal petition.
Service of notice and submission of statements: Maintenance of records: Display of gist of law, rules and provisions and display of address of the inspector general: Court fees in general cases: Provided, further, that no court fee shall apply in case of petition filed by any officer with government privilege.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Dispute resolution: Annulment and custody: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule -1 [Vide section 52 and 55 and Rule 48] Method of control of ventilation and temperature in yarn and weaving factory 1 Artificial moisturizing: Provided, however, that where difference between wet bulb temperature in the relevant department and that kept out of the room is less than 2.
If the inspector general is satisfied to the effect that approved humidity level was as stated in sub-clause b of clause 2 was never exceeded, then he may exempt any department form the obligation of maintenance of hygrometer.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 5 Recording temperature in hygrometer: No index of the hygrometer shall be recorded within fifteen minutes of change in water of reservoir.
Steam pipe used for thrusting water vapor for creation of artificial humidity in air of any room shall be of following description, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-2 [Vide Rule 51] Number, location and cleanliness of toilet and bathroom 1 Number of toilets: As per section 59, each establishment shall have provision for following number of toilets, namely: Regarding toilets and bathroom, the following provisions shall apply, namely: XV of shall apply in case of safety of workers of road, river and sea ports used for Bangladesh Inland river vessels, sea-bound ships and kindred vessels, passenger transport, goods transport, etc.
For purpose of receiving assistance regarding taking safety measures to adopt in control of apprehension of health hazards, the safety committee or workers representatives have to be consulted with as much as practicable.
Responsibilities of all equipments used in work lied with the berth operator, stevedore or owners and responsibilities of masters of ships not being registered in Bangladesh shall be to comply with clauses Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 8 Lifting machinery examination: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 10 Other loose gear: Further provided that after ensuring safety of workers, if the inspector thinks it necessary then subject to permission of the government any gear of special size and design or of special category which needs to be used constantly may be exempted from precincts of provisions to be complied with under this schedule by a written certification and under terms and conditions stated therein; d All other chains, rings, slings, hooks, shackles and all pulley blocks excluding those linked with the mast or derrick unless tested within the previous three months must be tested by a competent person before use in work; e All rings, hooks, shackles and chains used in lifting and bringing down if enlarged or changed due to welded or if they are repaired shall be tested by a competent person before use again in the work in the manner stated in this schedule.
Register of periodical examination: For purpose of recording results of the following tests , a register shall have to be maintained as per Form a , namely: Certificate of competent person: Register and certificates annexed to register a shall be stored in the premises until approval of any other place by written order of the inspector; b shall be produced before the inspector for the asking; c shall be preserved for a 05 five years from date of last inclusion. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 15 Not to start use of machinery, etc until necessary inclusion in the register: Chains, ropes, gears which need to be recorded in the register as per Form a or regarding which certificates need to be prepared in the similar register or regarding which certificates should be prepared may not be used until preparation of similar certificates.
Until drawing of marks indicating safe carrying capacity no pulley blocks may be used for loading and unloading goods.
In each crane and derrick, safe working loads shall be conspicuously marked and if the crane located at the edge is so made that during rise and fall, differences occur in its safe working load, then automatic indicator of safe amount shall be jointed with it. Compliance with clause 21 and 22 shall lie with owner, master, officer in charge or agents of the ship.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 21 Access between shore and ship: During the process, arrangement for sufficient light has to be made keeping consistency with the ship, goods and all workers a on deck and inside the ship where work is going on; and b at each of the place where during work workers may be required to have access to. In the manner stated in rule 69, responsibility of reporting accident and hazardous incident to the authority lies with the owner, berth operator, stevedore, port authority, agent and concerned firms.
No owner, berth operator and stevedore shall not allow to use any machinery or gear in a way not consistent with matters stated in clause 8 to clause Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 25 License renewal: The port authority shall, before renewal of license of the berth operator, stevedore and agent, receive reports on their implementation of workers safety or compliance form the inspector and license shall be renewed taking it into consideration.
For purpose of fulfilling objective of the section 88, followings have to be complied with for ensuring safety of workers, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-4 [Vide rule 85] Matters relating to safety committee 1 Scope of the safety committee: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, c Following matters shall be included in the guideline prepared under clause a , namely: Risk and safety related management of the firm: Machinery and procedure related management: Management of dangerous smoke, explosives and combustibles: Fire related management: Accident related management: Management of sickness out of dangerous operation, professional illness and poisoning: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 3 Arranging meetings: The safety committee shall arrange for regular training and rehearsal under sub- rule 10 and 14 of the rule 55 on prevention of earthquake, conflagration and other disasters and accidents.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 7 Preservation of information or database: For getting medical attention and realizing compensation in the accident stated in the twelfth chapter of the law, the safety committee may submit recommendations in writing to the owner or authority.
Jurisdiction of the safety committee shall be as follows, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-5 [Vide Rule 96] Different advantages and facilities of the tea garden 1. Provision of drinking water in the working place: At a convenient place within reach of workers in each working place of each tea garden, arrangement of sufficient drinking water shall be made and with this end in view, setting up 1 tube-well or arrangement of drinking water shall be made at leaf weighing center of each section of the garden shall be ensured.
Toilet and bathroom at working place: Recreational facilities: Medical facilities: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September, Provided further that where law permits to appoint more than one physician, efforts shall be made to appoint at least one female doctor; c There shall be at least 4 beds in each of garden, clinic or hospitals; d For each workers in excess to workers appointed in the garden, 1 bed shall be increased and for each bed, at least sixty square feet space of the floor shall have to be allotted, however, in emergency case, the owner may relax the obligation on floor area by informing the inspector general; e There shall be following arrangements in garden, clinic or hospital, namely: As many equipments, injection, medicine and apparatus as shall determined by the inspector general on discussion with the directorate of health shall have to be in each dispensary, garden hospital and group hospital; 5 Medical records: Medical officer in charge of each dispensary, garden hospital and hospital shall keep medical record for each patient taking treatment there; 6 Annual return: Annual return regarding running health care centers shall have to be spent as per Form jha 7.
Housing facility in Tea garden: The tea-garden owner shall at his own cost a make necessary repairs and sound maintenance of houses at times to keep the residence suitable and safe; b arrange for sufficient light for the area where residences have been made; and c Accesses to the residential areas and urine and tool flow and sewerage system shall be properly maintained.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September, 4 Condition to occupy the residence of workers: Supplying basic products for tea-plantation worker: Conventional practice and facilities: Long held conventional practice and facilities of tea-plantation shall continue to exist. Elimination of inconvenience: If there appears any difficulty while implementing the provisions of this Schedule, the owner shall inform the Inspector-General in writing and in this regard the decision of the Inspector-General shall be considered final.
Bangladesh Gazette, Addendum, September 15, Schedule-6 [Rule ] The procedure and decision making method of the court for reparation case 1 Application Form: If the court does not reject the application under section 2 and 3 , the court will send a notice with the copy of that application and date of hearing.
If in any case both question of law and fact are raised and if the court deems that the case can be settled solely on the legal question, in that case the court can adjourn the trial of question of fact until question of law issettled. The court will preserve a diary with its sign which will note the summaryof the procedure on applications.
Bangladesh Gazette, Addendum, September 15, 9 Recording the reason for adjournment: If the court thinks a particular application is not possible to settle in a single hearing and it is necessary to beadjourned, the court will record the reason for adjournment. If any party of the proceeding submits application by selecting witness, and if the court does not deem the presence of the witness unnecessary for the decision of the case, the court can summon the presence of the witness.
The Courtcan determine the cost of the case or appeal of the labor court or tribunal according to the consideration of the court; However, there will be provision stating that if the court thinks the applicant is unable to bear the determined cost due to poverty, the court can remit him form such or any other cost under the section If the court is trying any case regarding accident, the court or ex officio officer can visit the place where the particular worker has been injured or where he was employed during the accident at any time for field inquiry; However, there will be provision that it can enter a particular industry only during the working hours of the industry if the owner does not give permission to do otherwise.
Bangladesh Gazette, Addendum, September 15, 14 Method of local inquiry: Any form except the receipt of compensation which is, according to the Rules, meant to be signed by the Court, may also be signed by any subordinate officer authorized by it for this purpose. If any person who is a party to a proceeding is less than 18 years of age, or is incapable of appearance, the Court may appoint an appropriate person, with his consent, as a representative of the same to conduct such proceeding.
If it appears to the Court that interest of the concerned party is not being protected properly by the representative appointed under clause 19, or the person appointed as representative dies or otherwise becomes incapable or unfit, then it shall appoint another person as representative substituting the previous person.
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For Factory: Category Maximum Number of Workers or License Fee Taka License Renewal Fee Employees Employable in Any Day of Taka the Year a b c d e f g h i j k l Above 2. Category Maximum Number of Workers or Employees License License Renewal Employable on Any Day of the Year Fee Fee Taka Taka a b c d e f g 6, h 7, i Above 10, 4.
For Commercial Bank and Insurance Company: Category Maximum Number of Workers License Fee Taka License Renewal Fee Employable in Any Day of the Taka Year a 50 b 70 c d e 1, f 1, g 2, h 3, 1, i 3, 1, j 4, 2, k above 5, 3, 6. Serial No. If there is any objection or proposal, that shall be submitted to the under-signed authority within 14 days.
The hearing of the objection shall be held in The objecting persons or organization or through the authorized representatives can attend the hearing. Objection s or Proposal s with reason 1. Copy is given to the owner Address of Contracting Agency Classification of Worker Date of Issue: Photo Name of Worker: Nature of Work: Date of Joining: Blood Group: Permanent Address: Telephone No: Telephone No.
National ID No.: Name of Worker: Passport 2. Size Photo 3. Village or Mahalla or House Post Office: Present Address National ID Card No. Educational Qualification: Height Centimetre Blood Group if any: Identification Mark if any: Date of Issue of Service Book: Left Thumb Impression: Serial No.: From Whom Acceptance Was Made: Name of Post Service book is being accrued for secured custody and record of Service book is being accrued for secured custody and record of information.
Classification of Workers: Name of Division or Group Date of Appointment Section or Department Ticket, Card or Token No Description of Service: Why medical practitioner is considering him to be incapable 1. Description of other service s which he is capable of performing if any ………………………………………………………………………………………………………………. Other Comments: Name of Worker On last His employment history is recorded in the service book.
Date of Birth: Card, Ticket or Token No: Amount of Last Paid Wage: Write down the complaints serially here: Date of accrual of the cause of complaint: On which date the grievance was contacted to the owner: Whether the owner has informed his decision[if yes, have a copy or summary recorded with the decision] Date of giving decision by owner Whether the grievance has been raised already according to the Labour Code, Attachments if any: Serially write down which relief s you are expecting: Serial No…………………………………….
Father……………………… Mother……………………………… Address……………………………………… has been examined by me. Permanent Address……. His identifying mark is……………………. Physical Fitness……………………………….. Identifying Marks………………………. If any: Group No.
In any: Card No…………………………………………………………… Probable Date of Delivery: Card no. I, hereby, notify that I will probably give birth to a child as per the opinion of the medical practitioner on the upcoming date of………………. Date of nomination…………………………………. I, hereby, notify that I have given birth to a child on the date of ……………… According to the conditions of section 47 of the Bangladesh Labour Act, , certificate of the registered registered medical practitioner is herewith attached.
Due to my incapacity to be present physically, as per section 49 and rule 29 2 , I nominate ………………………… Card No. Name of the Which Part e. Wall, Type of Activity e. Sign or Number of Identification: Location of Department: Signed …………………………………….. Number of Total Workers and Employees: Address of Factory or Establishment: Serial Serial No. Name and address of the mill: Name and address of the occupant: Name and address the pressure vessel: Example of the fault practiced: Date of the construction in brief: Date of the latest hydraulic test and used pressure: Whether the vessel has been put in an open state or otherwise in atmospheric pressure or damp condition: Whether all machineries and fittings have been preserved properly and in good condition: Type of repair done: Safe operating pressure: Other observations: Bangladesh Gazette, Addendum, September 15, Form A [See section 71 and clause 62 8 ] Register of examination of Pressure vessel Name of the factory or institute: Address of the factory or institute: Date………………………………… 2.
Address……… 4. Permanent address…………………. Physical ability…………………… Date and time of the accident: Brief description of the accident: Description of the victim of the accident: Bangladesh Gazette, Addendum, September 15, 8. Name and brief address of the witness of the accident: Name and address of the registered physician who has treated the victim of the accident: Date and address of sending notice of the accident: Information in the above mentioned table must be delivered separately to permanent and seasonal factory.
Following definitions have to be kept in mind while filing this form: Bangladesh Gazette, Addendum, September 15, Form A [See Section and clause 3 ] Final report of accident and professional injury Sent after two months of the accident or joining work after temporalphysical inability 1.
Type of accident: Elbow of right hand or above elbow Elbow of left hand or above elbow Below right hand elbow Below left hand elbow Leg- on the knee or above knee Leg-below knee Permanent total hearing One eye thumb All toes of a leg A bone of thumb Index finger Big toe Any finger except index finger 9.
Class of accident mark the appropriate option: Bangladesh Gazette, Addendum, September 15, Responsible object for accident mark the suitable option a Main operating machine: The time of absence form work working hour The name and address of the medical officer under whose treatment the injured person produced: Date of sending report: Has there been any injury or loss of life: Name of the people who witnessed it and can significantly corroborate: Workmen, AIR SC that if the termination of service was a colorable exercise of the power or as a result of victimization or unfair labour practice, the labour court or tribunal would have jurisdiction to intervene and set aside such termination.
Nevertheless, most of the time the workers don't get natural justice i. That's why; I firmly believed that for the purpose of protecting the interest of workers, the 'termination clause' should remove from the Labour Code.
Beside employer, worker as well as TU Leader is also liable for it. Some problems relating to TU in Bangladesh are frequently observed in the present context of Bangladeshi industries.
These problems are given below: Lack of requisite leadership including accountability of the TU leaders, competency or qualification of TU.
It is mainly happened due to ignorance as well as less education of TU leaders. Politicization of TU. It is also an important problem regarding the present situation at Bangladeshi Industries. Most of the time, it is seen in the industry that a particular class of worker only get enjoy benefit. It is occurred mainly because of politicization of TU.
Fragmentation e. So, the workers as well as TU Leaders should bear in mind that they don't do anything which violates the interest of workers. To start activities, a factory has to fulfill some requirements. Say for example- prior written permission from the Chief Inspector CI is compulsory before setting up a factory as per the Labour Code.
The duty of Engineering Wing is to approve the plan which is attached. If plan is ok, then CI will provide a certificate of registration to the concerned employers who are want to make a factory. The main problem is in Bangladesh that there is no authority to supervise the soil test engineer. There is also no authority to supervise whether the tasks are implemented according to plan or not. That's why there must be needed a checks and balance from the administration. If the requirements are not fulfilled, then CI is not empowered to cancel the registration.
That's why the CI has given a power to cancel the registration by taking permission from the Labour Court. Because the employers think that once got registration is everything. No one can cancel their factories' registration. So, in this regard the CI should be given a power to cancel the registration. Inspection office IO lacks manpower: Most of the time, IO is failed to execute the laws relating to factories. Their argument is the 'lack of manpower'. But there are only inspectors in the department of inspection for factories and establishments.
Literally, it is impossible to complete huge volume of works with such poor manpower. IO thinks that if the number of IO can increase from to , then it can carry out its responsibilities properly. But there are many problems the factory which remedy is lengthy.
IO can do it-"If, after they listening to the workers' grievance e. This is the universally accepted definition of children though the convention allows every society to consider its own laws and customs. ILO Convention similarly recognizes all people under the age of 18 as a child.
This definition is gaining acceptance all over the world. It was ratified by Bangladesh in The laws of Bangladesh have not followed a consistent pattern of definition of the child. For example, the 'Employment of Children Act, ' has defined child as a person who has not completed fifteen years. But 'The Children Act, ' was not repealed. It means this Act is shill now enforced. It is said in 'The Children Act, ' that child is a person who has not completed 16 years. But as per section 2 63 of our Labour Code, "Child" means a person who has not completed his fourteenth year of age.
That means, the definition of child is inconsistent. The condition of the Bangladeshi working children can easily be presumed from this multi-standard definition of child under the laws of the country.
Most of these difference amongst the legislation are on the age of the working children during appointment. Most of the child labour laws do not correspond with the definition of UNCRC and differ amongst themselves. So, it is important to develop a uniform definition of child in line with UNCRC that will be applicable for all the purposes.
Conditions of employment 9 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.
Adolescent law The Children Pledging of Labour Act, declares void an agreement to pledge the labour of a child below 15 years. The parent or guardian of the child and the employer making the agreement are both guilty under the Act.
An agreement to pledge the labour of child means an agreement, written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the services of a child to be utilized in any employment. Young workers The Factories Act of fixes the minimum age of children as 12 years for employment in factories. No child is allowed to work in a factory unless he is certified physically fit, and children between 16 and 18 years of age not certified fit as such, are treated as children under the provisions of the Act.
The Employment of Children Act prohibits the employment of children below the age of 15 in any occupation connected with transport of passengers, goods or mails by railway or involving the handling of goods within the limits of any port. It further prohibits the employment of children below 12 years in any workshop wherein the process of bidi cigerett making, carpet weaving, cement manufacture, cloth printing manufacture of matches and explosives, mica-cutting and depleting are carried on.
Employment of Adolescent: Prohibition of employment of children and adolescent Provisions of the new labour law: Section 34 of the new labour law creates a bar on the appointment of children in any establishment.
The section states as follows: 11 No child shall be required or allowed to work in any factory. Adolescent workers to carry token: An adolescent who has completed fourteen years of age shall not be required or allowed to work in a factory unless: 1.
Such adolescent carries a token - giving a reference to such certificate while he is at work; 3. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational training; 4. If the Government considers appropriate, it may as well waive the enforcement of the pre-conditions of the employment of an adolescent for a particular period. Child : In the present law child means a person who has not yet completed his fourteen years of age.
Changes in the present law: In the earlier laws, the term child was used to mean a person who had not completed 16 years of age and the term Young Person was used to mean and include both the child and adolescent. Under the earlier law, even a child could have obtained a fitness certificate to get a job in a factory. The present law specifically prohibits 12 employment of children and makes a provision for fitness certificates for the adolescent only.
Exception : A child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education.
Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. Certificate of Fitness: Provisions of the new labour law adolescent Section 37 of the new labour law requires an adolescent to obtain a fitness certificate to be employed in any occupation or in a factory.
Such certificate shall be valid only for the subsequent 12 months. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents or guardians of the worker. Working hours of adolescent Provisions of the new labour law: Section 41 of the new labour law deals with provisions relating to the working hours of the adolescent.
As per the section following points are important and relevant for the RMG industry.
Restriction of appointment of adolescent in certain work Provisions of the new labour law: Section 39, 40 and 42 of the new labour law reports some activities for which the employment of the adolescent is strictly prohibited.
As per the above mentioned sections, the employment of the adolescent are strictly restricted for the following activities: Cleaning of the machinery while it is in motion.Chairperson shall determine the method of recording it.
In addition, the concerned Inspector and nearby Fire Service Station have to be informed minimum 15 days before the drills are held. Impact of Trade Union on Management of Bangladesh. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational training; 4.
Name and address of the occupant: Information in the above mentioned table must be delivered separately to permanent and seasonal factory. Section 23 of the new labour law deals with the dismissal of the worker on the ground of misconduct and conviction.