The Bangladesh Labor Act, 2006, consolidates and amends the laws relating to employment of labor, relations between workers and employers, payment of wages and compensation for injuries to workers, and other matters related to labor. BLC 2006 have a uniform purpose: they protect employees' rights and set forth employers' obligations and responsibilities. The primary functions of BLC 2006 is to provide equal opportunity and pay, employees' physical and mental well-being and safety, and workplace diversity.

1. 1.Javed, Kalam, and Monir are the worker of wahab Steel Corporation. There is agreement
between the worker and the employer. Interestingly it was found that the employer use
different condition of employment for different employee working there. Javed signed an
agreement that, he will perform his duty from morning 8 am to evening 5pm including one
hour for the rest. Kalam was agreed to perform his duty seven hours daily. On the other hand
Monir was signed the agreement to conducthis duty from 8am to 6pm including one hour for
the rest. Javed was paid 100tk/hour, kalam was paid 120tk/hour, and Monir was paid
95tk/hour. On a particular day all the three employees was employed from 8am to
7pm including one hour for the resting period in the organization. In the end of that day the
employer paid both Javed and Kalam as regular payment for first 8 hours and remaining two
hours as overtime. On the other hand, Monir was paid first 9 hour as regular pay and remaining
one hour as over time. The overtime payment was twice of the regular payment. Both
kalam and Monir was unhappy for the payment paid by the employer. They filed a casein
the labor court against the payment decision taken by the employer. Requirement: Answer the
following question with the special reference section and amendment according to
Bangladesh Labor Code2006.
a) Prepare a table for total daily and weekly working hour along with resting time and
overtime according to Bangladesh Labor Code2006. Discuss the legal validity of the
agreement between employees and employer individually for Javed, Kalam, and Monir
according to Bangladesh labor code.
b) Calculate the payment for each three employee individually based on employer declaration.
As a Director of Labor what will be your decision for the case filed by Kalam and Monir.
Calculate the total payment for kalam and Monir according to your decision.
2.Four employees named Jamal, Kalam, Arman, and Najib was working in Gul Ahmed
Jute Mile. Very recent Jamal resign from his job. The employer accepted his resignation later
and paid duly his claim. The other employee was terminated for misconduct. The employer
had fulfilled all the legal procedure
for the termination. Due to some reason Arman, earlier who was sewing operatorwas
transferred to the security division as security guard. Najib, who was working at the
production department, was transferred to engineering division. The other worker of the mill
decided to form a trade union at that time. Jamal, Kalam, Arman, and Najib expressed their
intention to join the trade union.
Requirement: Answer the following question with special reference from Bangladesh Labor
Code2006
a) Discuss the legal framework of employment relationship of the Jamal, Kalam, Arman,
and Najib with the employer individually. Explain the grounds of Bangladesh Labor
Code 2006 and the grounds of contract validity.
b) Discuss the grounds for trade union membership according to Bangladesh Labor
Code 2006. Narrate the eligibility of Jamal, Kalam, Arman, and Najib to being member of
the trade union individually.

2. Ans To The Question No.-1(a)
A table for total daily and weekly working hour along with resting time and
overtime
Normal
working
Limit
Maximum
working limit
Over time Resting limit Weekly Holiday
Working
time
Resting time
Daily
Hours
(for adult
workers)
Not more
than 8 Hours
Not more than
10 Hours
Excess
working
hour than the
limit of
agreement.
Upto 10
hour.
(Twice
payment per
hour)
5 hours .30 hour
6 hours 1 hour
8 hours 1 hour (1 time)
.30 hour(2
times)
Weekly
Hours
(for adult
workers)
Not more
than 48
Hours
Not more than
60 hours
Excess
working
hour than the
limit of
agreement.
Upto 60
hours
Upto 56
hours
average per
year .
Upto 150
hours for
transport
worker.
(Twice
48 hours
weekly
6 hours weekly
(48/8)
Shop/commercial
concerns-1.5 days.
Industrial conmcerns-
1 day
Not more than
56 hours
average(in a
year)
60 hours
weekly
7.5 hours
weekly
(60/8)
Transport-1 day.
Not more than
150 Hours in a
year.
( for Transport
related
workers)
56 hours
weekly
7 hours weekly
(56/8)
150 hours
in a year
18.75 hours
weekly

3. The legal validity of the agreement between employees and employer
individually for Javed, Kalam, and Monir according to Bangladesh labor
code-
There is agreement between the worker Javed, Kalam, and Monir and the
employer of wahab Steel Corporation. the employer use different condition of
employment for different employee working in wahab Steel Corporation. kalam and
Monir was unhappy for the payment of their work paid by the employer. They filed
a case in the labor court against the payment decision taken by the employer.
According to section 100 of BLC 2006,
No adult worker shall ordinarily allowed to work for more than eight
hours in any day:
Provided that, subject to the provisions of section 108, any such worker
may work in an establishment not exceeding ten hours in any day.
According to section 101-
Any worker in any establishment shall not be liable to work either-
(a) for more than six hours in any day unless he has been allowed an interval of at
least one hour during that day for rest or meal;
(b) for more than five hours in any one day unless he has been allowed an interval of
at least half an hour during that day for rest or meal; or
(c) for more than eight hours unless he has had an interval under clause (a) or two
such intervals under clause (b) during that day for rest or meal.
According this two section we will discuss about the legal validity of the agreement between
employees and employer individually for Javed, Kalam, and Monir . As their payment will
be given later with overtime so this payment matter will not be included in checking the legality
of the agreement .
Javed- Javed signed an agreement that, he will perform his duty from morning 8 am to evening
5pm including one hour for rest time ( 8 hours working time and 1 hour rest time ). So this
agreement is valid legally.
payment per
hour)
(150/8)

4. Kalam- Kalam was agreed to perform his duty seven hours daily in the agreement(7 hours
working time , no resting time).but he have to be given half an hour or 1 hour resting time. So
this agreement between kalam and employer is not legally valid.
Monir- Monir was signed the agreement to conduct his duty from 8am to 6pm including one
hour for the rest.( 9 hours working time and 1 hour resting time). But No adult worker shall
ordinarily allowed to work for more than eight hours in any day. So monir’s agreement is not
valid legally also.
Ans To The Question No.-1(b)

5. The payment for each three employee individually based on
employer declaration.
Daily Payment according to agreement-
Javed- 9 hours including 1 hour resting time and get 100tk/hour.
8 hrs × 100 tk/hr= 800 taka
Kalam- 7 hours , no rest time and get 120tk/hour
7 hrs × 120tk/hr=840 taka
Monir- 10 hours including 1 hour resting time and get 95tk/hour
9 hrs × 95tk/hr= 855 taka
On a particular day when all the three employees was employed from 8am to 7pm
including one hour for the resting period,that time their payment based on employer
declaration-
Javed- 8 hours regular payment and 2 hours overtime-
( 8×100)+(2×100×2)=1200tk
Kalam- 8 hours regular payment and 2 hours overtime-
( 8×120)+(2×120×2)=1440tk
Monir- 9 hours regular payment and 1 hour overtime
( 9×95)+(1×95×2)=1045tk

6. My decision As a Director of Labor for the case filed by Kalam and
Monir.
Javed, Kalam, and Monir are the worker of wahab Steel Corporation. Kalam and
Monir was unhappy for the payment paid by the employer. They filed a case in the
labor court against the payment decision taken by the employer.
In the case, the employer did not maintain the agreement which was signed before
with Kalam as well as the agreement was legally invalid.In the agreement regular working hour
of Kalam was 7 hours without any resting time. But the employer give him 8 hours regular
payment. That means ,though the agreement was invalid, employer paid Kalam according to the
law. So as a director of labor ,I will not accept Kalam’s case.
But in the case of Monir, although Employer follow the agreement but the
agreement was invalid. Any worker is not allowed to work in any premises more than 8
normal working hours, where monir’s normal working hour was 9 hours. So as a director
of labor, I will accept monir’s case.
Calculation of the total payment for kalam and Monir according to
my decision.
Kalam-8 hours regular payment and 2 hours overtime(as case is not accepted here)-
(8 × 120)+ (2×120×2)=1440
Monir- 9 hours regular payment and 1 hour overtime(as case accepted here)-
(8 × 95)+(2×95×2)=1140
Ans To The Question No.-2(a)

7. The legal framework of employment relationship of the Jamal,
Kalam, Arman, and Najib with the employer individually-
Jamal, Kalam, Arman, and Najib was worker in Gul Ahmed Jute Mile.from them,
Jamal resign from his job.Kalam was terminated for misconduct and arman and najib
were transferred to one depertment to another depertment.
According to section 2, sub section 65 of BLC 2006,
worker” means any person including an apprentice employed in any establishment or
industry, either directly or through a contractor by whatever name he is called, to do any
skilled, unskilled, manual, technical, trade promotional or clerical work for hire or
reward, whether the terms of employment are expressed or implied, but does not include
a person employed mainly in a managerial, administrative capacity;
According to section 175
Special definition of worker, ‘worker’ means a worker as defined in section 2 (65), and
includes, for the purpose of any proceedings in relation to an industrial dispute, a worker
who has been laid off, retrenched, discharged, dismissed or otherwise removed from
employment in connection with or as a consequence of such dispute or whose lay-off,
retrenchment, discharge, dismissal, or removal has led to that dispute; but does not
include a member of the watch and ward or security staff, fire-fighting staff and
confidential assistant of any establishment.
According to the definition of worker,it can be understand that-
Jamal- as jamal has been resign from his job, that means he is been considered as worker
of the organization, as it is mentioned in section 176. That means there is a legal
employment relationship between Jamal and the employer.
Kalam- for misconduct Kalam was terminated from his work. As like as Jamal ,Kalam is
not been considered as worker. It indicates that, there is no legal relationship between
employer and Kamal
Arman- In the case,Arman was transferred from sewing operator to the security
division as security guard. According to section 175, a member of the watch and ward
or security staff, fire-fighting staff and confidential assistant of any establishment is not
be considerable as worker.
Beside this , in section 2 (28) of industrial relation ordinance 1969 it has been said that,
someone after transferring to the post of security guard, is no longer a worker of the
organization. So , no legal relationship is exist between Arman and the employer.

8. Najib-Here Nazib is considered as an worker of the organization, as he is still working in
the mills in engineering devision. So , A legal relationship is exist between Najib and
employer according to Section 2(65).
Ans To The Question No.-2(b)
The grounds for trade union membership according to
Bangladesh Labor Code 2006.
A trade union is an association of workers forming a legal unit or legal personhood, usually
called a "bargaining unit", which acts as bargaining agent and legal representative for a unit of
employees in all matters of law or right arising from or in the administration of a collective
agreement.
Both employer and employee can form Trade union and can be the member of a trade union
according to section 176 of BLC 2006.
In Section 176 of BLC 2006, it has been said that,
(a) workers, shall have the right to form trade union primarily for the purpose of
– regulating the relations between workers and employers or workers and workers and,
– subject to the constitution of the union concerned, to joint trade union of their own choosing;
(b) Employers, shall have the right form trade union primarily for the purpose of
– regulating the relations between employers and workers or employers and employers and,

9. – subject to the constitution of the union concerned, to join trade union of their own choosing;
In subsection a and b of section 176 of BLC 2006, it is clearly mention that, worker and
employer, both can be the member of a trade union.
The grounds of Bangladesh Labor Code 2006
The Bangladesh Labor Act, 2006, consolidates and amends the laws relating to employment of
labor, relations between workers and employers, payment of wages and compensation for
injuries to workers, and other matters related to labor.
BLC 2006 have a uniform purpose: they protect employees' rights and set forth employers'
obligations and responsibilities. The primary functions of BLC 2006 is to provide equal
opportunity and pay, employees' physical and mental well-being and safety, and workplace
diversity.
Bangladesh labor code 2006 has some laws which are the foundation of labor Act. Those laws
are relating to-
 employment of workers,
 relations between workers and employers,
 determination of minimum rates of wages,
 payment of wages,
 compensation for injuries to workers during working hours,
 formation of trade unions,
 raising and settlement of industrial dispute,
 health, safety, welfare and
 working conditions and environment of workers
 apprenticeship and matters
Grounds contract validity

10. Valid contract-A valid contract is written agreement between an employer and employee that
sets out terms and conditions of employment. An employer must give employees and workers a
document stating the main conditions of employment when they start work. A valid contract
must contain the essential elements to make it a legally supported document. A valid contract
must include the following things-
 the employer’s name
 the employee’s or worker’s name, job title or a description of work and start date
 how much and how often an employee or worker will get paid
 hours and days of work and if and how they may vary (also if employees or workers will
have to work Friday, night or overtime.
 Holiday fixation
 if an employee or worker works in different places, where these will be and what the
employer’s address is
 how long a job is expected to last (and what the end date is if it’s a fixed-term contract)
 how long any probation period is and what its conditions are
 any other benefits
 obligatory training, whether or not this is paid for by the employer
 the rules of work organisation approved by the employer;
 a reference to a collective agreement if a collective agreement is applicable to the
employee.
The eligibility of Jamal, Kalam, Arman, and Najib to being
member of the trade union individually.
Jamal, Kalam, Arman, and Najib was working in Gul Ahmed Jute Mile. From
them, Jamal resign from his job,Kalam was terminated for misconduct. Arman, earlier who was
sewing operator was transferred to the security division as security guard. Najib, who was
working at the production department, was transferred to engineering division. Jamal, Kalam,
Arman, and Najib expressed their intention to join the trade union.
According to section 175
Special definition of worker, ‘for the purpose of any proceedings in relation to an
industrial dispute, a worker who has been laid off, retrenched, discharged, dismissed or
otherwise removed from employment in connection with or as a consequence of such
dispute or whose lay-off, retrenchment, discharge, dismissal, or removal has led to that
dispute; but does not include a member of the watch and ward or security staff, fire-
fighting staff and confidential assistant of any establishment.

11. According to section 180, An Employer or a worker will Disqualify for being an officer
or a member of a trade union under this condition-
a person shall not be entitled to be elected as a member of TU if—
(a) convicted of an offence involving moral turpitude or an offence under section
196(unfair labor practice on the part of worker) (d) or section 298 (penalty for misappropriation
of provident fund or trade union fund)and unless two years have elapsed from the date of his
release;
(b) not employed or engaged in that establishment in which the trade union is formed.
According to section 180 and 175
Jamil- according to 175 , as Jamil is a worker of the organization, so he can join in trade
union. Who are not employeed or engaged as worker in organization, are disqualified to join in
TU. (180 b)
Kalam- Accordin to section 180(a), Kalam is not eligible to join in trade union. As well
as , he is no more than a worker in that organization.
Arman- according to section 175, as a security guard is not be considered as worker, so
Arman is not eligible to join in TU.
Najib- Najib is still a worker according to 175 section. That’s why he has the right to
join the trade union of GUL ahmed still mills.