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Bangladesh labor law

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Labor Law of Bangladesh

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Bangladesh labor law

  1. 1. 1 Chapter-01 HEALTH HYGIENE AND SAFETY HEALTH AND HYGIENE 1. Cleanliness (51): (a) Every establishment shall be kept clean and free from effluvia arising from any brain or other nuisance. (b) Accumulation of dirt shall be removed daily by sweeping. (c) The floor shall be cleaned at least once in every week by washing. (d) All inside walls and partitions, all ceilings shall be painted or varnished at least once in every three years. (e) Where they are already painted, be cleaned at least once in every fourteenth months. (f) In any other case, the wall shall be kept white- washed or color washed at least once in every fourteen months 2. Ventilation and temperature (52): (a) Effective and suitable provisions shall be made in every establishment for securing and maintaining adequate ventilation in every work-room by the circulation of fresh air. (b) Such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health. (c) The walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable. 3. Dust and fume (53): In every establishment, every measures shall be taken to prevent all kinds of dust and fume and if any exhaust appliance is necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust, fume and such point shall be enclosed so far as possible. 4. Disposal of wastes and effluents (54): Effective measure shall be taken for disposal of wastes due to the manufacturing process carried on therein. 5. Overcrowding (56): (a) No work-room in any establishment shall be overcrowded to an extent injurious to the health of the workers. (b) There shall be provided for every worker employed in a work-room at least 9.5 cubic metre of space in the establishment. 6. Lighting (57): In every part of an establishment where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. 7. Drinking Water (58): (a) In every establishment effective arrangement shall be made to provide and maintain at a suitable point, a sufficient supply of drinking water. (b) All such points where water is supplied shall be marked ‘Drinking water’ in Bangla. (c) In every establishment where 250 or more workers are employed, effective provisions shall be made for cooling the drinking water during the hot weather. (d) Where dehydration occurs in the body of workers, there workers shall be provided with oral re-hydration therapy. 8. Latrines and urinals (59): (a) Sufficient latrines and urinals shall be provided to all workers at all times while they are in the establishment. (b) Such latrines and urinals shall be provided separately for male and female workers. 9. Dust bean and spittoon (60): In every establishment there shall be provided, at convenient places, sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition. SAFETY 10. Safety of building and machinery (61): If any building or part of a building or machinery or part of machinery is in such condition that is dangerous to human life or safety, the employer must make some step to remove that type of dangerous thing. 11. Precaution in case of fire (62): (a) Every establishment shall be provided, at least one alternative connection stairway with each floor. (b) In every establishment there must be a facility of window door or other exit in case of fire. (c) Every door, window, a free-passage way shall be maintained regularly for the use of all workers. (d) In every establishment where fifty or more workers employed, shall be arranged at least once in a year a mock fire-fighting. 12. Hoists and lifts (69): (i) In every establishment every hoist and lift shall be of good mechanical construction, sound material and adequate strength. (ii) Every lift and hoists must be properly maintained regularly. (iii) Every lift and hoists shall be examined by competent person at least once in every period of six months. Floors & stairs (72): (a) All floors & stairs shall be of sound construction and properly maintained. (b) All floors & stairs shall be clean, wide and clear of all obstructions. Excessive weights (74): No person shall be employed in any establishment to lift, carry or move any load so heavy as to be likely to cause him injury. Protection of eyes (75): Every employer shall be provided suitable goggles for the workers who are working in the place where there is excessive light or heat.
  2. 2. 2 Chapter-02 WELFARE MEASURES FOR THE WORKERS 01. First aid boxes/ Cupboard (89): (a) Every establishment there shall be provided and maintained first aid boxes during all working hours. (b) Every first-aid box shall be kept in charge of a responsible person who is trained and skilled in first-aid treatment and who shall always be available during the working hours of the establishment. 02. Maintenance of safety Record Book (90): In every establishment where more than 25 workers are employed, shall maintain compulsorily, a safety record book and safety board. 03. Washing facilities (91): (a) Adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers. (b) Separate facilities shall be provided for the use of male and female workers. 04. Canteens (92): (a) In every establishment wherein more than 100 workers are employed, there shall be provided adequate number of canteens for the use of all workers. (b) The Government may make rules for the standards in respect of construction, accommodation, furniture and other equipment of the canteen, (c) The Government may make rules for the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen. 05. Shelter/ Day care/ Resort (93): (a) Every establishment wherein more than 50 workers are employed, adequate and suitable shelters or rest rooms, and lunch room with provision for drinking water, shall be provided for the use of the workers. (b) The shelters, rest rooms or lunch rooms shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. 06. Rooms for children/ Baby care (94): (a) In every establishment, where 40 or more workers are employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of 6 years of such women. (b) Such rooms shall provide adequate accommodation, adequately lighted and ventilated and maintained in a clean and sanitary condition and shall be under the charge of woman trained or experienced in the care of children and infants. 07. Housing facilities for plantation worker (96): Every employer in a tea plantation shall provide housing facilities to every worker and his family residing in the tea plantation. 08. Medical care for newspaper workers (98): Every newspaper worker and his dependents shall be entitled to medical care at the cost of the newspaper establishment. 09. Compulsory Group Insurance (99): The Govt. may make rules for introducing group insurance in the establishments where minimum 200 permanent workers are employed. Chapter-03 WAGES AND ITS PAYAMENTS 01. Special definition of ‘wages’ (120): Wages means (a) Any bonus or other additional remuneration (b) Any remuneration payable under order of court (c) Any compensation or damages (d) Any sum payable due to lay-off or suspension. 02. Responsibility for payment of wages (121): (a) Every employer (b) Every CEO (c) Every manager 03. Fixation of wage-periods (122): (a) Every responsible person shall fixed the wage periods, (b) No wage period shall exceed 1 month. 04. Medium of payment of wages (124): (a) Current coin (b) Currency note (c) Bank cheque 05. Deduction from wages (125): (a) Fines (b) For absence from duty (c) For damages or loss of goods (d) For house accommodation (e) For various facilities (Laptop/ Mobile etc) (f) For loans (g) For income tax (h) Subscription for CBA union.
  3. 3. 3 Chapter-04 COMPENSATION FOR INJURY AND DEATH (150-166) 01. Employer’s Liability for compensation (150): (a) If personal injury is caused to a worker by accident arising out of and in the course of his employment, the employer shall be liable to pay compensation in accordance with the provisions of this chapter. (b) The employer shall not be liable to pay compensation in respect of any injury which does not result in the total or partial disablement of the worker for a period exceeding three days. (c) No suit for damages shall be maintainable by a worker in any court of law in respect of any injury- (i) If he has instituted a claim to compensation in respect of the injury before a labor court; or (b) If an agreement has been come to between the worker and his employer providing for the payment of compensation in respect of the injury. 02. Amount of compensation (151): (a) Where death results from the injury, the family of the worker will receive 1 lac taka. (5th schedule) (b) Where permanent total disablement (PTD) results from the injury, the worker or family of the worker will receive TK. 125,000 (5th schedule) (c) Where permanent partial disablement (PPD) results from the injury, such percentage of the compensation which would have been payable in the case of PPD as is specified therein as being the percentage of the loss of earning capacity caused by that injury. (d) Where more injuries are caused by the same accident, the amount of compensation payable under sub- section 1 of section 151. 03. Method of calculating wages (152): Here monthly wages means, the amount of wages considered to be payable for a month’s service, whether the wages are payable by the month or by whatever other period or at piece rate. 04. Distribution of compensation (155): No payment of compensation in respect of a worker whose injury has resulted in death, and no payment of a lump sum as compensation to a person under a legal disability, shall be made otherwise than by deposit with labor court. 05. Notice and claim (157): No claim for compensation shall be entertained by a labor court unless notice of the accident has been given as soon as practicable after the happening of the accident and unless the claim is preferred before it within two years of the occurrence of the accident or in case of death, within two years from the date of death. 06. Medical examination (160): Where a worker has given notice of an accident, the employer shall examined the worker free of charge by a registered medical practitioner, before the expiry of 3 days from the time at which service of the notice has been affected and the worker shall have submit himself for such examination. 07. Reference to Labour courts (166): (a) If any question arises in any proceedings under this chapter as to the liability of any person to pay compensation, any question whether a person is injured or not, as to the amount or duration of compensation, any question as to the nature or extent of disablement all this question shall be settled by a Labour court. (b) No civil court shall have jurisdiction (KZ©„Z¡) to settle, decide or deal with any question which is by or under this chapter.
  4. 4. 4 Chapter-05 TRADE UNION AND INDUSTRIAL RELATION (76- 182, 189-196) 01. Kinds of Trade Unions (TU) & Federation (176): There are two kinds of TU & Federation- (i) Trade Unions & Federation of workers (ii) Trade Unions & Federation of employers 02. Application for registration (177): Any trade union may apply for the registration under the signature of its president and secretary. 03. Requirements for application (178): (a) The name of the trade union, (b) The address of trade union, (c) Date of formation of the trade union, (d) The names, ages, addresses, occupations and the posts in the union of the officers of the TU. (e) Statement of total paid membership, (f) The name of the establishment to which the trade union is related, (g) Three copies of the constitution of the trade union, (h) A copy of the resolution by the members authorizing its president and secretary to apply for its registration. 04. Contents of constitution (179): (a) The name and address of the trade union, (b) The objects, (c) Procedure of membership, (d) Source of fund, (e) Condition of facilities, fines and forfeiture of membership, (f) Procedure of amended of constitution, (g) The security of the funds and its audit, (h) Procedure of dissolution, (i) Election process of officers, (j) Terms of officers: not less than two years but not exceeding three years, (k) Total execution member (TEM): min-5, max- 35 (l) Meeting: Two types- executive meeting and general meeting. Executive: minimum 1 meeting in every 3 months/ 4 meeting per year. General: minimum 1 meeting in every year. (m) Minimum members: At least 30% of the total no of workers employed in the establishment. 05. Disqualification for being an officer or worker (180): (a) If he has been convicted of an offence involving moral turpitude, (b) If he is an worker in the establishment, 06. Compulsory duty of TU (181): (a) A register of members, (b) An accounts book, (c) A minute book (Kvh©weeibx). 07. Rules and steps of registration (182): (a) The Director of Labour being satisfied shall register the trade union and issue a registration certificate within a period of sixty days from the date of application. (b) If the Director of Labour finds any deficient, he shall communicate to the trade union within 15 days and the trade union must reply within 15 days. (c) After the completion of objection the Director of Labour shall register the trade union or he shall reject the application for impletion of objection. (d) In case of rejection or after 60 days from the date of application, the TU may appeal to Labour court. (e) After hearing the appeal, the LC may pass an order to register the trade union within 7 days or the LC may dismiss the appeal. (f) Any TU may make an appeal to the LAT within 30 days from the order of the LC and the decision of the tribunal is final. 08. Certificate of registration (189): The Director of Labor of being satisfied shall issue a certificate of registration. 09. Cancellation of registration (190): (i) The Director of Labor may cancel the registration of trade union if the trade union has-
  5. 5. 5 (a) Applied for cancellation of registration; (b) Ceased to exist; (c) Obtained registration by fraud or by misrepresentation; (d) Contravened any of the basic provisions of its constitution; (e) Committed any unfair labour practice; and (f) Failed to hold minimum number of members. (2) The Director of Labour shall submit an application to the Labour court praying for permission to cancel such registration of trade union (TU). (3) The Director of Labour shall cancel the registration of a TU within 30 days from the date of permission given by the Labour court. (4) Any aggrieved, TU may can appeal to the tribunal against the verdict of LC within 30 days from the date of the order by LC and the decision of the tribunal shall be final. 10. No function without registration (192): No trade union has a right to do any function without getting the registration. 11. Registration on dual membership (193): No worker has a right to be a member of two or more trade union at a time. 12. Unfair labor practices of employers (195): (a) To restrain to join a TU or continue his membership of a trade union. (b) To refuse to continue to employment on the ground of being a member or officer of a trade union. (c) To discriminate against any person related to any employment, promotion, condition of employment. (d) To dismiss, discharge, remove from employment or threaten to dismiss, discharge or remove from employment. (e) To induce any person to refrain from becoming a member or officer of a trade union. (f) To compel or attempt to compel to sing a memorandum of settlement by using intimidation, coercion, pressure, threat, disconnection of water, power and telephone facilities. (g) To interfere with or in any way influence in the election provided for in section 202. (h) To recruit any new worker during the period of strike. (i) To fail to take steps recommended by the participation committee. (j) To fail to give reply to any communications made by the collective bargaining agent in respect of any industrial dispute. (k) To transfer the president, general secretary, organizing secretary or treasurer of any registered TU. (l) To commence, continue, instigate any person to take part in an illegal lockout. 13. Unfair labor practices of workers (196): (a) No worker shall engage himself in any trade union activities during his office hours without the permission of his employer. (b) To induce any person to become or refrain from becoming a member or officer of a trade union by offering any advantage. (c) To compel or attempt to compel any worker to pay or refrain from paying any subscription towards the fund of trade union by using intimidation, coercion, pressure, threat or any other methods. (d) To compel or attempt to compel a employer to sign a memorandum of settlement. (e) To commence, continue an illegal strike and to instigate others to take part in an illegal strike. (f) To start ghero, obstruction to transport or communications system. (g) To destruct of any property vandalism. (h) To interfere with a ballot box CBA election by exercising undue influence, intimidation or bribery.
  6. 6. 6 Chapter-06 COLLECTIVE BARGAINING AGENT 202-Largest section; 25 Sub-Section 01. Common Rules: SS 1 (1) Where there is only one trade union in an establishment, that TU shall be considered as a CBA of the establishment. 02. CBA election procedure: (a) To make an application to the DL for election of CBA. (SS 02) (b) The DL shall arrange a secret ballot within 120 days from the date of application. (SS 02) (c) The director of Labour shall give notice in writing to all trade unions to contest of secret ballot. The parties must reply within 15 days from the date of notice. (SS 03) (d) Every trade union must have its members a least 30% of the total numbers of workers. (SS 05) (e) To make a list of workers except casual and badli worker and submit it to the director of labor. (SS 06) (f) To enquiry and justify in the list of workers in case of any kinds of objections. (SS 7, 8, 9) (g) To amend, alter or modify in the list of workers as may be required. (SS 10) (h) To prepare a final voter list of workers and sent copies to the employer and all TU at least 7 days prior to the date fixed for the vote. (SS 11) (i) Every employer shall provide all kinds of facilities for the conduct of the vote but shall not interfere with the voting. (SS 13) (j) No person shall canvas for the vote within 45 meter of the polling station. (SS 14) 03. Term of CBA: (SS 16) (a) The term of CBA would be the period of 2 years. (b) But in case of federation the period would be of 3 years. 04. In case of arising disputes: (SS 21) If any dispute arising out of any matter in relation to an election for determination of CBA shall be referred to the Labour court, and the decision of the Labour court shall be final. 05. Cancellation process of the registration of TU: (SS 22) If in any election for determination of collective bargaining agent any contesting trade union receives less than ten percent of the total votes, the registration of the trade union shall stand canceled. 06. Rights and duties of CBA: (SS 24) (a) To undertake collective bargaining with the employer on behalf of all workers matters connected with the employment, non-employment, the term of employment or the conditions of work; (b) To represent all or any of the workers in any proceedings; (c) To give notice; (d) To declare a strike; (e) To nominate representatives of workers on the board of trustees of any welfare institutions; (e) To conduct cases on behalf of any individual worker or group of workers. 07. Functions of the DL: (SS 15) (a) To fix the date for the poll; (b) To set up the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions; (c) To conduct the poll at the polling stations; (d)To open the ballot boxes and count the votes after the conclusion of the poll; (e) To declare the name of the TU who has received the highest number of votes to be the CBA, after the conclusion of the count. 08. Participation Committee: (205) (a) The employer in an establishment in which fifty or more workers are employed shall constitute a participation committee, (b) Such committee shall be formed with representatives of the employer and the workers, (c) The number of representatives of worker shall not be less than the number of representatives of the employer, (d) The representative of the workers shall be appointed on the basis of nomination given by the trade unions in the establishment.
  7. 7. 7 (e) Where there is no TU, representatives of the worker shall be chosen in the prescribe manner from amongst the worker. 09. Functions of Participation Committee: (206) (a)To try to promote mutual trust, understanding and co-operation between the employer and the workers; (b) To ensure application of labour laws; (c) To improve and maintain safety, health and working condition; (d) To encourage vocational training, workers education and family welfare training; (e) To take steps for improvement of welfare services for the workers and their families; 10. Meetings of the participation Committee: (207) The participation committee shall meet at least once in every two months to discuss and exchange views and recommend measures for performance of the functions under section 202. Chapter-07 INDUSTRIAL DISPUTES AND SETTLEMENT 209 & 210 - Second largest section 01. Rising of ID (209): Any CBA or employer can raise industrial dispute. 02. Settlement of ID: (210) (i) Joint Consultation (ss 1-4 & 19): (a) All disputes shall be communicated by the employer and CBA. (b) Within 15 days of communication, shall arrange a meeting for agreements. (c) If the parties reached a settlement, a copy of settlement shall be forwarded by the employer to the govt., the DL & conciliator. (d) If no settlement is reached at within the period of one month from the date of first meeting, may report the matter to the conciliator within 15 days from the expiry of the period and the conciliator shall proceed to constitute within 10 days of the request (ii) Appointment of Conciliator (ss 05): The govt. shall appoint such number of persons as conciliator as it’s consider necessary. (iii) Proceedings of Conciliator (ss 06-12 & 18): (a) The conciliator shall start conciliation shall call a meeting for settlement. (b) The representatives of the party shall appear before the conciliator to negotiate. (c) If any settlement is established, the conciliator shall send a report to the govt. together with a memorandum of settlement signed b the parties to the disputes. (d) If no settlement is established within 30 days, the conciliation proceeding shall fail or the conciliation proceeding may be continued for a period as may be agreed upon by the parties. (e) If the conciliation fails, the conciliator shall sent a report to an Arbitrator. (f) If the parties do not agree to go to an Arbitrator, the conciliator shall issue a certificate within three days of failure of the conciliation. (g) If the parties agree to go to an arbitrator, they shall make a joint request in writing to an arbitrator. (iv) Appointment of Arbitrator (ss 13): The arbitrator may be a person from the panel maintained by the govt. or any other person agreed upon by the parties. (v) Functions of Arbitrator (ss 14-17): (a) The arbitrator shall give award within 30 days from the date of deputes referred. (b) The arbitrator shall forward a copy of an award to the govt. and the parties. (c) The award of the arbitrator shall be final and no option to make an appeal to any court of Bangladesh. (d) An award shall be valid for a period of 2 years.
  8. 8. 8 Chapter-09 LABOR COURT & LABOR APPELATE TRIBUNAL Section 214 01. Total no of court (ss 01): As many Labor courts as govt. considers necessary. There are seven LC in Bangladesh so far. DHK 3, CTG 2, RAJ 1 & KHL 1. 02. Nature of LC: (a) This court is considered as a civil court. (ss 12) (b) All Labor courts shall be subordinate to the tribunal. 03. Formation of LC: ss 03 All Labor courts shall be consisting of a Chairman and 2 members (One from the employer and the other from the workers). 04. Selection process of Chairman: ss 04 The chairman shall be appointed by the govt. from amongst the district judge and additional district judge. 05. Selection process of 2 members: (a) One member from the employers and the other from workers. (ss 06) (b) The govt. shall constitute the panel, one of which shall consist of six representatives of employers and the other of six representatives of workers. (ss 07) (c) The chairman shall select one person from the panel of employer and the other from the panel of workers. (ss 09) 06. Jurisdiction (KZ©„Z¡/ ÿgZv): ss 10 (a) To adjudicate & determine any industrial dispute. (b) To enquire into and adjudicate any matter referred to it by the govt. (c) To try offences under this act. (d) To exercise and perform such other power & function as may be conferred/ referred to it.

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