Business Law 3rd Team Presentation

1. GROUP“D”
DEPARTMENT OF ACCOUNTING & INFORMATION SYSTEMS
UNIVERSITY OF DHAKA

2. GROUP MEMBERS
Name ID No.
1. Md. Kamal Pasha 16111
2. Aninda Ghosh 16096
3. S.M.N Jamiul Hikma (Sajib) 16103
4. Md. Rafiqul Islam (Hiron) 16094
5. Md. Monirul Islam (Monir) 16109
6. S.M. Rakibul Islam (Sourav) 16100
7. Al-Imranul Alam (Rabbi) 16183
8. Md. Robiul Islam 16121
9. S.M. Moshiur Rahman (Rohan) 16184
10. S.M. Ibne Sad (Anik) 16118

3. CHAPTER 3
EMPLOYMENT OF YOUNG PERSONS
 DEFINITION OF CHILD
 DEFINITION OF YOUNG PERSON
 PROHIBITION FOR CHILDREN TO WORK IN ANY PROFESSION OR
ESTABLISHMENT
 SITUATION OF CHILD LABOUR IN BANGLADESH
 Employment Of Young Person
 Prohibition of Employment of Young person
 Minimum age of the child labor
 Pledging of child labor
 Working hours for young persons
 Fitness Certificate
CHAPTER 4
MATERNITY WELFARE FACILITIES
∙ PROHIBITION OF EMPLOYMENT OF WOMEN WORKERS

4. - Section2(f),The Children
Act
“Child as a person who has not
completed fourteen years of
age.”
-Section 2(63) ,The Bangladesh
labor act,2006
“Child” means a person under the
age of sixteen years ,and when
used with reference to a child
sent to a certified institute or
approved home or committed by a
Court to the custody of a relative
or other fit person means child
during the whole period of his
detention notwithstanding that he
may have attained the age of
sixteen years during that period .

5. DEFINITION OF YOUNG PERSON
“ The Bangladesh Labor Act
defines “adolescent” as a
person who has completed
fourteen years but has not
completed eighteen years of
age.”
-Section 2(8)
“State or process of growing up from
childhood to manhood or womanhood
;generally considered to be in the
male sex from 14 to 25 years and
in female sex to 12 to 21 .”
-Concise Law Dictionary

6. PROHIBITIONFORCHILDRENTO WORKIN ANY PROFESSION OR
ESTABLISHMENT
 The Bangladesh Labor Act,2006 prohibits labor by children.
 Before enactment of this act the children under the age of
14 are barred from working in factories.
 The act prohibits children under the age of 14 & 16 can be
authorized to work on an “exceptional basis.”
 No child shall be required or allowed to work in profession or
establishment (section 34(1) of the Bangladesh Labor Act )
 No parents or guardian of a child can make contract of
employment of a child giving permission to work with anyone
(Section2(f),the children act)
 Section 44 of the act allows for employment of children in
the light work .

7. SITUATIONOF CHILDLABOUR IN BANGLADESH
 Because of widespread poverty many children began to work at an
early age .According to the government’s National Child Labor survey
published in 2003 the government estimated that approximately 3.2
million children between the ages of 5 and 14 years worked.
 Working children were found in 200 different types of activities
,such as shrimp farming ,of which 49 were regarded as harmful to
children physical and mental well –being. Many children worked in
the bidi (hand rolled cigarette) industry ,and the children under 18
sometimes worked in hazardous circumstances in the leather
industry or the brick-breaking industry.
 There continued to be reports of several thousands forced to
worked long hours on fish firms on small islands in Southern
Bagerhat district for five moths a year in hazardous conditions .
 Under the law every child must attend school through grade 5
or the age of 10 years .However there is no effective
mechanism to enforce this provisions.

8. Employment Of Young Person
 Because of widespread poverty and the lacuna of laws many
children began to work at a very young age of fourteen from
working , although young person between the age of 14 and
18 can be authorized work on an “exceptional basis”
 According to section 14(2) of the Act states a young person
shall not be required or allowed to work in any factory
unless a certificate of fitness from registered surgeon
granted to him is in the custody of the owner of the
establishment and such young person carries corticated
 Nothing in sub-section 34(2) of the Act will apply to a
young person who is appointed as an apprentice or under a
vocational training in a profession or an establishment .

9. The Labor act prohibits for employment of young person in certain
cases by the sections 39, 40, and 42 of the Bangladesh labor act.
Section 39 of the act prohibits the employment of young person in
following ground:
1.No young person shall be allowed in any factory to clean any part
of machinery while that part in motion.
2.No person shall be allowed in any factory to lubricate any part of
machinery while that part in motion.
3.No person shall be allowed in any factory to adjust any part of
machinery while that part in motion.
4.No person shall be allowed in any factory to work between
moving parts or between fixed and moving parts of any
machinery which is in motion of machines which are in motion.

10. Section 40 of the act states that:
1.No young person shall work at any machine unless
1) a) he has been fully instructed as to dangers arising in
connection with the machine and the precautions to be
observed
2) b) he has received sufficient training in wok at the machine: or is
under adequate supervision by a person who has thorough knowledge
and experience of the machine
3) 2.This section shall apply to such machines as may be notified by
the government to be of such dangerous character that young
person ought not to work at them unless the forgoing requirements
complied with as per sub-section (1)
3.No young person shall be employed to any dangerous work the list of
which may be published by the government from time to
time, by gazette notification.
Section 42 of the act prohibits from employment to work
of young person in underground or under water.

11. Minimum age of the child labor
Before passing the Bangladesh labor act 2006 there were a
number of statutes which stipulate the minimum ages at which
children can legally work in certain sectors. These are:
a) Mines ( the Mines Act 1923)---15 years ( With Medical certificates
of fitness)
b) Shops and other commercial establishments( the shops and
Establishments Act 1965)---12 years
c) Factories( the factories Act 1965) --- 14 years ( With medical
certificates of fitness)
d) Railways and Ports (The employment of children act 1938)--- 15 years
e) Workshops where hazardous work performed( employment of children
Act 1938)---12 years
f) Tea Gardens ( the Tea plantation Labor Ordinance 1962)---15 years

12. Pledging of child labor
The Children Act 1933 declares
an agreement, written or
oral, express or implied, to
pledge the labor of children
[persons below 15] whereby
the parent or guardian of a
child, in return for any
payment or benefit to be
received, undertakes to cause
or allow the services of a
child to be utilized in any
employment to be void.

13. Pledging of child labor
Bangladesh Labor Act prohibits an agreement to pledge the
labor of children [persons below 14].
Section 35 of the act provides that the parents
or guardian of a child cannot make a contract of
employment of a child giving permission to work
with anyone, such parent or guardian shall be
punishable with fine unto to one thousand [it was
taka fifty under section 4 of the children
pledging of labor act] Act, 1933[now stands
repealed].

14. Working hours for young persons:
1. No young person shall be required or
allowed to work in any factory or
mine for more than five hours in any
day and thirty hours in a week
2. No young person shall be allowed
or required to work any other
establishment for more than 7 hours
in a day and 42 hours a week.
3. No young person shall be acquired
or required to work in between the
hours of 7 pm and 7 am.
4. If any young person works excess
hours , his total working hours shall
not exceed –
a) 36 hours in a week in case of
factory or mine
b) 48 hours a week in case of other
establishment

15. Working hours for young persons:
5. The period of work of all young persons employed in an
establishment shall be limited to two shifts which shall not
overlap or spread over more than seven and half hours each.
6 .A young person shall be employed in only one of the relays
which shall not, except with the previous permission in writing of
the inspector, be changed more frequently than once in a period
of thirty days.
7. The provisions of this act relating to weekly holidays shall also
apply to young workers and the applications of these provisions
shall not be suspended in respect of young workers section shall
apply also to young workers, no exemptions from the provisions of
this section shall be granted in respect of any young worker.
8. No young person shall be required or allowed to work in an
establishment on any day on which he has already been working in
another establishment.

16. Fitness Certificate
The Bangladesh Labor Act, 2006 allows for the employment
of young person between the ages of 14 & 18 years provided
that each adolescent obtains a certificate of fitness from a
certifying surgeon.
Section 37 states that,
1) A registered physician shall, on the application of any young
person or his parent or guardian whether such young person is
to fit to work in profession or establishment, or on the
application of the employer of an establishment in which any
person wishes to work, examine such person and ascertain his
fitness for work in such factory.
Provided that such an application shall be accompanied a
document stated by of an establishment that such person
shall be employed therein if certified to be fit for work in an
establishment.

17. (2) A certificate of
fitness granted under
this section shall be valid
only for the period of
twelve month from
thereof.
(3) Any fee payable for
a certificate under this
section shall be paid by
the employer and shall
not be recoverable from
the young person or his
parent or guardian.

18. CHILD WORK AND SCHOOLING
The role of elementary education in the scheme of checking the
evils of child labor can not be over-emphasized.
section 44 of the Bangladesh
Labor Act, 2006 allows any
child attaining the age of
twelve may be employed in
light work which is not
dangerous to his health and
development or which will not
prevent him from education.

19. Section 44,
Exception to employment of child labor,
(1) Child attaining the age of twelve may be employed in the
light work which is not dangerous to his health &
development or which will not prevent him from his
education.
Provided that if the child is school going ,his working
hours are too determined in such way that his school
going is not hampered.
(2) All provisions applicable to young persons shall also be
applicable as far as possible to child workers.

20. PROHIBITIONOF EMPLOYMENT OF WOMENWORKER:
The employment of women in
certain cases has been
restricted by section 87 of the
Bangladesh Labor Act. .
Section 45 of the Act 2006
prohibits working any woman to
any establishment & employer
shall not knowingly employ a
woman during the eight weeks
immediately following the day
of her delivery in any
establishment---
1. The employer may not employ
a woman during the eight weeks
immediately following the day
of her delivery.
2. Any women may not work
during the eight weeks

21. PROHIBITIONOF EMPLOYMENT OF WOMENWORKER:
The Bangladesh Labor Act also prohibits for employment of woman in
certain cases by the sections 39, 40 & 42. Section 39 of the Act
prohibits the employment of women in followings:
 No women shall be allowed in any factory to clean any part of
machinery while that is in motion.
 No women shall be allowed in any factory to lubricate any
part of machinery while that is in motion.
 No women shall be allowed in any factory to adjust any part
of machinery while that is in motion.
 No women shall be allowed in any factory to work between
moving parts which are in motion.

22. 3. The employer may not employ any woman worker for
ten weeks of prenatal & antennal period in following
grounds:
a) An employer may not employ woman for which
that she has to work by keeping herself standing for
a long time.
b) An employer may not engage a woman for any
difficult work.
c) An employer may not employ woman for any work
which is harmful to her.
PROHIBITIONOF EMPLOYMENT OF WOMEN
WORKER:

23. CHILD LABOR IN BANGLADESH & IN THE
REST OF THE GLOBE