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.
Procedure for retrenchment. Re-employment of retrenched workers. Discharge from service. For the purpose of calculation of wages under this section, wages shall mean the average of the basic wages and dearness allowance, if any, paid to the worker during the period of twelve months immediately preceding the date of discharge.
Dismissal from service. Termination of employment. Explanation — For the purpose of calculation of wages under this sub-section, wages shall mean the average of the basic wages and dearness allowance, if any, paid to the worker during the period of twelve months immediately preceding the date of termination.
Provident Fund. Certificate of service. Protection of existing conditions of employment. Such provident fund shall be constituted prescribed by the rules. The Government may make rules for constitution of provident fund. Such Provident Fund shall be held and administered by a Board of Trustee. Such Board of Trustee shall consist of an equal number of representatives of the employer and workers employed in the establishment, and a person nominated by the Government shall be its Chairman.
Representative will be nominated by the employer and collective bargaining agent. The above nomination shall be under the supervision of the Director of Labour. All the representatives shall hold office for a period of two years.
A permanent worker shall subscribe to the fund not less than seven percent and not more than eight percent from his basic wage unless otherwise mutually agreed. In the case of provident fund one fourth of total workers will claim in writing to their employer. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period.
At least half of the total accumulations shall be invested for the purpose of any of the following, namely: a I. Mutual Fund Certificates. The cost of maintenance shall be borne by the employer. The accounts of provident fund shall be audited.
A statement of account together with audit report shall be forwarded to the director of Labour within one month of the submission of audit report. Where the government is satisfied, he may by order exempt the establishment from the operation of this section. Establishment in private sector means an establishment which is not managed directly by the Government.
Changes in the present law: This is also a new addition to the labour law as previously no labour law has provided for the death benefit except for the Wage Board award for the Newspaper worker.
Any worker, whose name is there in the muster-roll of the factory and who has completed a continuous period of one year service, if laid off, shall be entitled to get the benefits of compensation for all the days except for the weekly holidays. A badli transfer worker whose name is brought in the muster roll shall not be treated as badli for the purpose of the compensation under this chapter.
Section 22 of the new labour code deals with the procedure of discharge. As per the section an employer can discharge a worker on the basis of the report of a Registered Physician.
Compensation in case of discharge: Every worker who has completed a continuous service for one year shall be entitled to get a benefit of 30 days wages for every completed year of service or the gratuity, whichever is higher. Misconduct, as defined in that section, is: Willful insubordination, alone or in combination with others, to any lawful or reasonable order; Theft, fraud or dishonesty; Receiving or giving bribes; Habitual absence, without leave, for more than ten days; Habitual late-attendance; Habitual breach of any rule or law applicable to the establishment; Riotous or disorderly behavior; Habitual negligence or neglect of work; Frequent repetition of a work on which fine can be imposed; Resorting to illegal strike or go slow or instigating others to do so; Falsifying, tampering the official document of the employer.
Sub section 2 of section 23 says: Any worker, against whom misconduct has been charged and proved, may be punished by any of the following punishment other than dismissal from the job: Removal Demotion to lower grade; Withholding promotion for at least one year; Withholding increment for an year; Imposition of fine; Temporary suspension without wages; Censuring and warning; 2.
For the permanent workers: 1. Serving days notice to the workers employed on the monthly basis. Serving 60 days notice to the other workers. For the temporary workers: 1. Serving 30 days notice to the workers employed on the monthly basis. Serving 14 days notice to the other employees.
Termination without any notice: The employer can even terminate the employment of a particular worker without any notice as described in the section above, if the employer pays the wages to the terminated worker for the aforesaid period of notice.
The section provides for the following: 1. At least one alternative exit with staircases connecting all the floors of the factory building as described in the rules for each and every factory. No door affording exit can be locked or fastened during the working hours so that they can be easily or immediately opened from inside. The doors affording exit must be open outwards, unless it is sliding in nature, if the door is between two rooms it must open in the direction of the nearest exit.
Marking in red letter in proper size, in the language understood by the majority of the workers, on such doors, windows or any alternative exit affording means of escape in case of fire.
There shall be an effective and clearly audible means of fire-warning system to every worker. There shall be a free passage-way giving access to each means to escape. Where more than ten workers are employed other than in the ground floor, there shall be a training for all the workers about the means of escape in case of fire.
There shall be at least one fire-extinction parade and escape-drill at least once a year in a factory where more than fifty workers are employed. Changes in the present law: The new law makes a provision of an alterative staircase affording means of escape connecting all the floors Fire extinguishing and escape parade shall be arranged at least once every year.
The section states as follows: 24 1. All floors, staircases, and passages shall be of sound construction and properly maintained, and if it is necessary to ensure safety, hand-railings shall be provided with them. Reasonable safe passageway or access shall be maintained in a place where employees work.
All the floors, passageways, and staircases shall be maintained in a neat and clean manner, wide enough, and free from any blockade. The present law entrusts everything to be done in this regard with the Inspectors.
The section goes as follows: 1. If it appears to an Inspector that any building or part thereof or any passageway or machine of the factory is in such a condition which is injurious for the life and health of the workers working therein, the Inspector may issue an order to the owner of the factory to take necessary steps immediately within the specified time therein.
If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of the worker, he shall issue an order to repair or alter that immediately failing which, to not run the factory unless and until the building is so repaired or replaced. Changes in present law: Earlier laws didnt empower the Inspector to stop the operation of a factory in a risky building but the present law has given sufficient discretion on the part of the Inspectors to take necessary steps so as to ensure building security and the like.
Factories are required to secure the following parts of machinery in order to ensure safety of the workers: Section 63 of Labour Law, 25 a. Every moving part of a prime mover and every fly wheel connected to a prime mover b. The head-race and tail-race of every water wheel and water turbine c. Any part of a stock-bar which projects beyond the head stock of a lathe d. Every part of an electric generator, transmission machinery and other dangerous part of any machinery. Fencing must also be done on any other parts in motion that contains screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, toothed friction gearing, etc.
The fencing is required to prevent these items from harming the workers coming in close contact to them. The Government may exempt fencing of the aforesaid objects, if and only if certain other measures are adopted that will ensure safety of the workers. The Government may prescribe such further precautions to fence certain other parts of the machineries which are not mentioned above for ensuring safety of the workers.
In case of examining, adjusting and lubricating part of machinery in motion, it is required to employ a well-trained adult male worker. The worker must wear tight-fitted clothing while conducting such jobs and no other person will be allowed to work on behalf of him during his absence.
Women and adolescent are not allowed to do the above-mentioned tasks and they are not also entitled to work in places between fixed and moving parts of any machinery in motion. The Government may prohibit the cleaning, lubricating and adjusting, of any machinery in motion, by any person. The following practicable measures must be taken in factories to avoid explosions caused by inflammable dust, gas or vapour produced during the manufacturing process: a Effective enclosure of the plant or machinery used in the process b Removal or prevention of the accumulation of inflammable objects c Proper enclosure of all possible sources of ignition.
In case of the impossibility of placing a strong enclosure for the above-mentioned sources of inflammable objects, provisions of chokes, baffles, vent or other effective appliances have to be kept. Enclosed parts of the plant that contain potentially explosive materials shall only be opened if certain required precautionary measures are met: a Stop valves should be used to stop flow of gaseous objects in pipelines before working on any joint of that pipeline.
Operation that requires actions of heat, such as welding, brazing, soldering or cutting, shall not be conducted in a factory that contains or previously contained inflammable objects without taking appropriate safety measures. No person shall be allowed to enter potentially hazardous chambers, containing dangerous fumes, such as tank, vat, pit, pipe, flue or confined spaces if there is not any manhole of adequate size.
No portable light of voltage exceeding 24 volts shall be permitted to use inside places mentioned above. No person shall be allowed to enter the places mentioned above until the following measures are taken: a. A certificate in writing has to be given by a competent person stating that the space is free from dangerous fumes and is fit for persons to enter.
It has to be ensured that the worker wears a suitable breathing apparatus and a belt securely attached to a rope before going into any confined space. No person shall be allowed to enter the places mentioned above for the purpose of working or making any examination before sufficiently cooling the places down by ventilation. Suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready beside the confined space for instant use.
Other workers must also be trained and proficient in the use of all such apparatus. Section 77 of Labour Law, 27 3. The new law has also provided a list of exclusion in section 2 45 to exclude the following accounts head from the term wages: House rent allowances shall be treated as wages.
Allowance during lay-off or temporary suspension shall be treated as wages. Any amount payable to the worker against out of the contract between the owner and the worker after the employment is expired by dismissal. Compensation at the expiry of the employment by any means like dismissal.
The Contractor. Previous law provided only the exclusion list with the definition of the wages but the present law provides both the inclusion and exclusion lists to make a complete sense. Provident fund is considered to be the wages and is payable within 30 days of the expiry of the employment.
Changes in the present law: In case of the failure of the contractor to pay the wages to the worker. Previous law excluded the gratuity on discharge from the wages of a worker but the new law includes it as part of the wages. In previous law. Section guides the paymaster to fix a period not exceeding 30 days and section provides that payment shall be made within seven working days of the expiry of a wage period.
The person responsible for the payment of wages of the worker shall fix a period of wages and accordingly pay it as per the time given in the law. There is a big change. Wages during leaves or holidays shall be treated as wages. Under the new law the following persons shall be responsible for the payment of the wages of the worker.
Owner of the factory. Deduction for such amenities or services supplied by the employer as the government has authorized. Deduction for any welfare fund formed by the employer and authorized by the Government. Deductions for the subscription of CBA Union in check-off method. Deduction for Income tax payable by the worker. Deduction for the payment to the co-operative societies approved by the government. Fines under section 25 section Deduction for house accommodation supplied by the employer.
Deduction for subscription to and for repayment of advances from the provident fund 9. No court fee is payable by the aggrieved worker. Up to these 9 points the new law remains exactly the same as section 7 of the earlier Payment of Wages Act Application within 12 months from the date of such illegal deduction or the date of the payment being due.
Deductions for absence from duty. Application to the labour court only. Deduction for recovery of advances or for adjustment of overpayments. Following are the deductions valid under the present law: Single application on behalf of all the workers so aggrieved. Section of the labour law deals with the deductions made from the wages of the workers.
Changes in the present Law: At present. The employer is also required to maintain an overtime register as per the law. One hour interval for rest or meal for six hours of work. Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day 1.
Section makes a provision of 8 working hours a day for an adult worker. But the new law makes a provision for exemption approved by the government if it thinks so fit. Section of the new labour code makes the provision of one day weekly holiday for all the workers employed in a factory. No change has been made. Half an hour interval for rest or meal for 5 hours of work.
Changes in present law: Exemption clause has been inserted in the new law. The new law makes a provision of total 48 forty eight working hours for a worker. Interval for rest is provided in the following manner: According to that section.
Festival holiday has been increased by a day in the new labour law The section provides as follows: Section of the new labour law deals with the provisions for annual leave with wages. Changes in the new law: No change. It makes a provision for 10 days casual leave with full wages. Section of the new labour law deals with the provisions for casual leave of a worker. The employer shall. All workers employed in a factory shall be entitled to get 14 fourteen days sick leave with full average wages.
The sections are In section 46 of the new labour law provisions have been created for maternity leave of 16 weeks 8 weeks before and 8 weeks after the delivery.
Provisions of the previous labour laws: Section 3 of the Maternity Benefits Act. The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases the duration of the qualifying service period. Night-shift work of female workers: Section of the labour law. There are a number of sections where the employment and protection of women have been discussed. The requirement for certification by a Registered Physician does not exist in the earlier laws.
But the law also makes a provision that no worker shall be entitled to receive the benefit unless she has served under the owner for a minimum period of six months prior to the notice of the probability of the delivery.
The section states as follows: Earlier laws provided for the same period of leave with half average wages. The owner shall pay the benefits payable for the preceding 8 weeks including the day of the delivery within 3 days from the submission of the proof of delivery and pay the remaining within the next eight weeks after the proof of delivery is submitted 3.
The owner shall pay the total benefits payable for the preceding 8 weeks within 3 days from the submission of the certificate of the probability of delivery childbirth by a Registered Physician and shall pay the remaining amount after three working days of the submission of the proof-of-delivery. Changes have been made in favor of the management. Changes brought by the new law: Three options are open to the mothers as per section 47 of the new labour law: The person nominated by the mother who died.
As per the earlier law. The owner shall pay all the benefits payable within 3 days from the submission of the proof-of-delivery to the owner. Section 5 of the aforesaid Act provided more stringent payment procedure as there was the provision of payment within 48 hours after the certificate from any physician was submitted. Previously the procedure was guided by the Maternity Benefits Act.
The section also provides the formulae for the calculation of the aforesaid average wages as follows: As per sections 48 of the new labour code there is a provision of the payment in terms of daily.
Under the earlier law. But in the new law. A child who has completed twelve years of age. If the Government considers appropriate. Such adolescent carries a token.
An adolescent who has completed fourteen years of age shall not be required or allowed to work in a factory unless: The present law specifically prohibits employment of children and makes a provision for fitness certificates for the adolescent only. Provided that the hours of work of such child. In the earlier laws. Section 34 of the new labour law creates a bar on the appointment of children in any establishment.
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.
In the present law child means a person who has not yet completed his fourteen years of age. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational training. As per the section following points are important and relevant for the RMG industry. Restriction of appointment of adolescent in certain work 1. As per the above mentioned sections.
Section 41 of the new labour law deals with provisions relating to the working hours of the adolescent. Any work under ground or under water. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents or guardians of the worker.
Section Any work in-between the moving parts of a machine. Lubrication or for other adjustment operation of the machinery while it is in motion. The Term Employer is defined in section 2. Article 34 of the Constitution of the Peoples Republic of Bangladesh stated as follows: But the new law provides a single definition to cover all the purposes. Forced labour is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh.
PART 2: As per the above section any person in relation to an establishment who employs workers therein and includes: Subsection XLIX. Section of the new labour law is. Section 3 of the new labour law allows an industrial establishment to make a service rule pursuant to the labour laws of the land.
Article 27 of the Constitution is stated as follows: Any discriminatory behavior on the basis of sex. Framing of the service rules by an employer is not mandatory. Articles 27 and 28 have provided a guideline to the legislator to make the discrimination free environment in every walk of national life.
The section is stated as follows: Section 4 of the new labour code of classifies the workers into following classes: Employment of Labour Standing Orders Act does not provide any provisions related to this.
The law provides for a separate section i. Only the provisions for the maintenance of the service book were available in the Employment Record of Services Act and Employment Record of Services Rules No significant changes are there in the provisions for the service book in the new law. Section 8 of the law for the entries of the service book of a labour. But the new law makes it mandatory for the service book to be signed by both the worker and the employer.
The law provides for a list of information to be maintained in the service book of each labour. Previously there was no such law. Rules are yet to-be-made to provide with a form of the appointment letter or ID card but from the earlier two Laws the following should be there in the appointment letter: As per the section following entries shall be there in the service book of a labourer: Badlies transfer workers: A worker who is employed for the period of absence of a permanent or probationer worker.
Period of probation: A worker who is employed on casual basis. A worker who is employed on probation for a fix time with a view to fill up a permanent vacancy. A worker who is appointed in an establishment as a trainee and during the period of training he is paid an allowance is called an apprentice. A worker who is employed purely for a temporary nature of work. Days on maternity leave for a female worker.
In case of the expiry of the specific employment of any worker by way of discharge. Days of leave with or without wages due to accident or illness. But in the calculation of the period of probation.
There is no change in the classification of labour. And for calculation of six months of continuous employment the number of actual working days is Actually this was also in previous law under section 5 4 of SO Act For counting continuous service. Non-working days due to legal strike or illegal lock out.
Section 14 of the new labour law provides for the method of the calculation of the continuous service period of a labour for the purpose of this law in the following manner: It may constitute for the benefits of the worker in the private sector. The accounts of provident fund shall be audited. Representative will be nominated by the employer and collective bargaining agent. A statement of account together with audit report shall be forwarded to the director of Labour within one month of the submission of audit report.
The cost of maintenance shall be borne by the employer. Such Provident Fund shall be held and administered by a Board of Trustee. The section also provided for the following: The Government may make rules for constitution of provident fund. Mutual Fund Certificates. At least half of the total accumulations shall be invested for the purpose of any of the following.
Such provident fund shall be constituted prescribed by the rules. Establishment in private sector means an establishment which is not managed directly by the Government.
Provisions of the new labour law Section of the Labor Law A permanent worker shall subscribe to the fund not less than seven percent and not more than eight percent from his basic wage unless otherwise mutually agreed.
Such Board of Trustee shall consist of an equal number of representatives of the employer and workers employed in the establishment. In the case of provident fund one fourth of total workers will claim in writing to their employer. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period. The above nomination shall be under the supervision of the Director of Labour.
Where the government is satisfied. All the representatives shall hold office for a period of two years. A provident fund shall be deemed to be a public institution for the purposes of the Provident Funds Act. Section 12 of the new labour law deals with the stoppage of work by the employer. As per the above-mentioned section following are the points to be noted: If any worker died after completing 3 three years continuous service with an employer.
This is also a new addition to the labour law as previously no labour law has provided for the death benefit except for the Wage Board award for the Newspaper worker.
Any worker. Lay off: Retrenchment means the expiry of the employment of a worker on the ground of redundancy. No worker. For retrenchment.
A badli transfer worker whose name is brought in the muster roll shall not be treated as badli for the purpose of the compensation under this chapter. Willful insubordination.
Frequent repetition of a work on which fine can be imposed. Receiving or giving bribes. Compensation in case of discharge: Every worker who has completed a continuous service for one year shall be entitled to get a benefit of 30 days wages for every completed year of service or the gratuity. Discharge means the expiry of the employment of a worker on the ground of inability or incapacity because of ill health. Habitual late-attendance. Habitual absence.
Habitual breach of any rule or law applicable to the establishment. Section 22 of the new labour code deals with the procedure of discharge. Resorting to illegal strike or go slow or instigating others to do so. Habitual negligence or neglect of work. Riotous or disorderly behavior. Section 23 of the new labour law deals with the dismissal of the worker on the ground of misconduct and conviction.
As per the section an employer can discharge a worker on the basis of the report of a Registered Physician. Compensation on termination of a permanent worker: