Salient Features of The Bangladesh Labour Law 2006 Related To The RMG Sector

Bangladesh German Development Cooperation
PROGRESS
House 10C, Road 90, Gulshan 2, Dhaka 1212, Bangladesh
Tel: +880 2 9887567, Fax: +880 2 8813769
E-mail: progress@gtz.de, Websites: www.gtz.de, www.gtz-progress.org
Working Paper No 2
SALIENT FEATURES OF THE

BANGLADESH
LABOUR LAW 2006 RELATED TO
THE RMG SECTOR
By
SEBA LIMITED
In cooperation with
Ministry of Labour and Employment
March 2007
PROGRESS (promotion of social, environmental and production standards in the ready-made garment sector) is a joint
program of the Bangladesh Ministry of Commerce and the German Federal Ministry of Economic Cooperation and
Development (BMZ), implemented by GTZ.
Table of Contents
Page No.
PART 1: WORKING CONDITIONS ..........................................................................................1
1.1 WAGES...............................................................................................................................4
1.1.1 Definition ................................................................................................................. 4
1.1.2 Persons responsible for the payment of wages ........................................................ 5
1.1.3 Fixation of wage periods and time of payment of wages ......................................... 5
1.1.4 Deductions from the wages ...................................................................................... 6
1.1.5 Grievance procedure in case of illegal deductions or delay in payment ................. 6
1.2 WORKING HOURS AND LEAVES ...............................................................................8
1.2.1 Daily hours............................................................................................................... 8
1.2.2 Interval for rest and meal* ...................................................................................... 8
1.2.3 Weekly hours** ........................................................................................................ 8
1.2.4 Weekly Holiday*** .................................................................................................. 8
1.3 PAID ANNUAL LEAVE ...................................................................................................9
1.3.1 Annual leave with wage ........................................................................................... 9
1.3.2 Festival holiday* ...................................................................................................... 9
1.3.3 Casual leave ............................................................................................................. 9
1.3.4 Sick leave ** ............................................................................................................ 9
Changes in the present law: ................................................................................................... 10
1.4 EMPLOYMENT OF FEMALE .....................................................................................10
Provisions of the new labour law:...............................................................................................10
1.5 MATERNITY BENEFITS ..............................................................................................10
1.5.1 Maternity leave ...................................................................................................... 10
1.5.2 Procedure of payment of the maternity benefit ...................................................... 11
1.5.3 Amount of the Maternity Benefits .......................................................................... 11
1.5.4 Benefits in case of the death of mother**** .......................................................... 11
1.6 EMPLOYMENT OF ADOLESCENT ...........................................................................12
1.6.1 Prohibition of employment of children and adolescent ......................................... 12
1.6.2 Certificate of fitness ............................................................................................... 12
1.6.3 Working hours of adolescent ................................................................................. 13
1.6.4 Restriction of appointment of adolescent in certain work ..................................... 13
PART 2: EMPLOYMENT ..........................................................................................................14
2.1 Forced labour ............................................................................................................ 14
2.2 Discrimination ........................................................................................................... 15
2.3 Service rules ............................................................................................................... 15
2.4 Appointment Letter and ID Card ............................................................................... 15
2.5 Service book ............................................................................................................... 16
2.6 Classification of workers ........................................................................................... 16
2.7 Probationary period................................................................................................... 17
2.8 Calculation of continuous service .............................................................................. 18
2.9 Payment of wages for un-availed leave* ................................................................... 18
2.10 Death benefit** .......................................................................................................... 20
2.11 Stoppage of work........................................................................................................ 20
2.12 Right of laid off workers* .......................................................................................... 21
2.13 Retrenchment** ......................................................................................................... 21
2.14 Discharge ................................................................................................................... 22
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2.15 Dismissal .................................................................................................................... 22
2.16 Termination ................................................................................................................ 23
PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE....................................24
3.1 SAFETY ............................................................................................................................24
3.1.1 Fire ......................................................................................................................... 24
3.1.2 Floors, stairs and means of access ........................................................................ 24
3.1.3 Excessive Weights .................................................................................................. 25
3.1.4 Safety of building and machineries ........................................................................ 25
3.1.5 Fencing of machinery* .......................................................................................... 25
3.1.6 Work on or near machinery on motion* ................................................................ 26
3.1.7 Explosive or inflammable dust or gas** ................................................................ 26
3.1.8 Precautions against dangerous fumes* ................................................................. 27
3.1.9 Personal protective equipment .............................................................................. 28
3.1.10 Risk assessment and prevention ............................................................................ 28
3.2 WELFARE .......................................................................................................................30
3.2.1 First aid appliances ............................................................................................... 30
3.2.2 Washing facilities ................................................................................................... 30
3.2.3 Canteens ................................................................................................................. 31
3.2.4 Shelters/ rest rooms and lunch rooms.................................................................... 31
3.2.5 Rooms for children*............................................................................................... 32
3.3 HEALTH AND HYGIENE .............................................................................................32
3.3.1 Cleanliness ............................................................................................................. 32
3.3.2 Drinking water ...................................................................................................... 33
3.3.3 Overcrowding ....................................................................................................... 33
3.3.4 Lighting .................................................................................................................. 34
3.3.5 Latrines and urinals ............................................................................................... 34
3.3.6 Dust bins and spittoons .......................................................................................... 35
PART 4: INDUSTRIAL RELATIONS......................................................................................36
4.1 Unfair Labour Practices from the Part of the Employers ...........................................36
4.2 Unfair Labour Practices from the Part of the Workmen ............................................37
4.3 Determination of the Collective Bargaining Agent (CBA) ...........................................37
4.4 The Right of the Collective Bargaining Agent ..............................................................39
4.5 Participation Committee .................................................................................................39
4.6 Functions of the Participation Committee*...................................................................40
4.7 Meetings of the Participation Committee ......................................................................40
4.8 Implementation of the Recommendation of the Participation Committee*...............41
4.9 Trade Unions ....................................................................................................................41
4.10 Application for Registration and Required Documents for Registration...................42
4.11 Industrial Dispute ............................................................................................................42
4.11.1Raising of Industrial Dispute ......................................................................................42
4.11.2Settlement of Industrial Dispute*................................................................................43
4.11.4Strike and Lock Out ....................................................................................................44
ii
Executive Summary:
1. Prior to the promulgation of the Bangladesh Labor Law 2006, the total number of Acts and
Ordinancesinthisfieldwasfifty,ofwhich:
15wereenactedduringtheBritishregime
23wereenactedduringthePakistanregime,and
12werepassedaftertheindependenceofBangladesh
2. In accordance with the ratified ILO conventions and with a view to creating a constructive
environment, for the elimination of the imbalances that prevailed in the issues regarding
developmentofcongenialrelationsbetweenworkersandemployers,informationaboutexisting
laborandindustriallawsweresoughtfromconcernedstakeholders,ofbothhomeandabroad.
Increase of productivity, the enhancement of favorable environment for investment, the
acceleration of industrialization in the context of the changed environment during the post
independenceperiod,werealsostudied.
3. To meet the aforesaid demand, the government formed a National Labor Law Commission in
1992, with a view to enacting a modern, up dated and united labor law, headed by Justice
Mohammad Abdul Quddus Chowdhury, along with 37 other members representing every
concernedquarter.
4. Aftertwoyearsofexhaustivestudy,theCommissionsubmitteditsreportalongwithadraftof
theunifiedmodernandupdatedlaborlawin1994.
5. Subsequently, the draft was reviewed by ILO and numerous Employers and Workers
Associationsandotherhumanrightsorganizationsinphasesforthelasttwelveyears,andatlast
it was promulgated on the 11th of October 2006 as Bangladesh Labor Law 2006 under the
consensusofallthepartiesconcerned.
6. Thesalientfeaturesofthenewlypromulgatedlawareasfollows:
One single modern updated code instead of the 25 scattered Acts and
Ordinances
Thereare354sectionsin21differentchaptersintheLaw
The scope and applicability of the law has been extended and definitions of
differenttermshavebeenclarified.Ambiguityregardingtheagelimitofachild
hasbeeneliminated.Accordingtothislawanypersonbelowtheageof14shall
betreatedasachild.
The issuance of an appointment letter and the Identity card for a worker has
beenmadecompulsory.
Deathbenefitshavebeenprovidedforevencasesofnormaldeathsorincases
ofanydeathsduetocausesotherthanaccidentsduringthecontinuanceofthe
service.
Theusualretirementagehasbeenscheduledat57andatthattimetheworker
shallbeentitledtogetallthebenefitsasareapplicableunderthislaw.Eventhe
caseofaworkersvoluntaryretirement,afterhiscontinuousserviceof25years
1
with his employer, is also a subject which will come under this retirement
benefit.
Child labor is prohibited even in nonhazardous regular work in an
establishment. Appointment of adolescent and female workers is prohibited
duringthenightsandindangerousoccupations.
Maternitybenefitshavebeenincreasedto16weeksandthequalifyingservice
lengthhasbeendecreasedtosixmonths,butthis benefitislimitedonlyup to
thebirthoftwolivinginfants.
Special importance is given on occupational health and safety and working
environment. There are 78 sections exclusively on it out of a total of 354
sectionsinthelaw.
Maintenanceandpreservationofsafetyrecordbooksandintroductionofgroup
insuranceshavebeenprovidedfor.
Time limits for payment of wages have been determined and a provision has
beenmadetorealizetheunpaidwagesthroughthecourt.
Provisions have been made for the declaration of sector wise minimum wage
ratesafteranintervalofeveryfiveyears.
Amountofcompensationsincasesofdeathorinjurybecauseofaccidentsatthe
workplace has been increased. For deaths, the amount of compensation has
been ascertained at Taka. 100000.00 per worker and for a permanent total
disability,theamountfixedisTaka125000.00perworker.Incaseofanaccident
thatmayhappenduetoemployersnegligence,thecompensationamountshall
bedouble.
Noone,otherthanthoseinthepayrolloftheemployer,shallbethememberor
officerofanestablishmentbasedbasictradeunion.
Thepurviewofunfairlaborpracticesonthepartoftheworkers,employersor
thetradeunionshasbeenextended.
DeterminationofCBAfromamongsttheestablishmentbasedbasictradeunions
has been made easier and the period of such determination has been fixed
withinatimeframeof120days.
Industrial or craft Federations of trade unions, under certain conditions, have
beengiventhejurisdictiontoactasCBA
Provisions have been made to form compulsorily participation committees in
everyestablishmentwhere50ormorepermanentworkersareengaged.
Laborcourtsshallbetheonlycourtstoadjudicateallissuesunderlaborlawand
allappealsshalllietothelaborappellatetribunal
Timehasbeenfixedfortheadjudicationofeachandeverystageofthecasesin
thelaborcourttoacceleratetheprocedure
Only the workers employed in an establishment, irrespective of their
designationandwagescaleareentitledtogetthebenefitsoftheparticipation
fundandthewelfarefunddevelopedoutoftheprofitofthecompany.
Provisionsforprovidentfundshavebeenmadefortheestablishmentsrununder
theprivatemanagement
2
The punishments for the breach of the provisions of the labor law have been
revisedappropriately.Imprisonmenthasalsobeenprovidedforalongwithfines
A provision has been made to form a National Industrial health and safety
council to enact the national policy to ensure the occupational health and
safetyattheenterpriselevel.
Provision has been made for the strict implementation of the Equal pay for
equalamountofworkpolicyofILOconvention
Any discrimination or indecent behavior towards female workers has been
prohibitedunderthenewlaw.
SickLeave:14dayssickleavewithfullaveragewageshavebeenprovided,inthe
newLaborLaw.Inpreviouslawssickleaveswerepaidforhalfaveragewages.
Annual leave with wages: For adults one day for every 18 (eighteen) days of
workperformedbyhim/herduringthepreviousperiodoftwelvemonths.And
foradolescentsonedayforevery15daysofworkperformedbyhim/herduring
thepreviousperiodof12months.
FestivalLeave:Everyworkershallbeentitledtoelevendaysfestivalleavesina
calendaryear.TheEmployershallfixthedaysanddatesofsuchleaves.
Children Room: A children room for every 40 female workers having their
childrenbelowtheageof6yearshavebeenprovidedbythelaw.Previouslyit
wasprovidedforevery50femaleworkers.
Termination of employment by the worker: A permanent worker may
terminate the employment serving a 30 days notice to the employer and a
temporaryworkermayterminateitservinganoticeof30and14dayscasewise.
Inlieuofthenotice,theworkercaneventerminatetheemploymentreturning
thewagesforthatperiod.
Grievance Procedure: Limitation for the application of grievance has been
extendedtoaperiodof30days,thoughpreviouslyitwas15daysonly.
Fitnesscertificate:PreviouslyafitnesscertificatewasissuedbytheDistrictcivil
surgeonbutnowitistobeissuedbyanyregisteredphysicianatthecostofthe
employers.
Trainingonthelaborlaw:Arrangementsfortrainingonlawwasneverprovided
for but now in this new law, training arrangement is made compulsory for the
laborers.Theworkerparticipatinginthetrainingprogramshallbedeemedtobe
inhisorherofficialdutyduringcontinuanceofsuchtraining.
Thisunifiedlawisapplicablewithequalforcetoalltheindustrialandcommercialestablishment
aspreviousShopsandEstablishmentAct1965andotherlabourlawshasbeenabrogatedbythe
promulgationofthisnewlabourcode.
3
PART 1: WORKING CONDITIONS
1.1 WAGES
1.1.1 Definition
Provisions of the new labour law:

Chapter 10 of the new labour law deals with the provisions related to the wages of the labour.
Wages include the following items as per section 120 of the new labour law:
Any bonus payable or any other additional wages as per the terms and conditions of the
employment;
Any remuneration payable during leave, holiday and overtime;
Any amount payable against the order of the court or against the award of arbitrator;
Any amount payable to the worker against out of the contract between the owner and the
worker after the employment is expired by dismissal, discharge, retrenchment, or
termination;
Any amount payable due to lay off or temporary suspension.
The new law has also provided a list of exclusion in section 2(45) to exclude the following
accounts head from the term wages:
Expense of housing facilities like lighting facilities, water supply, medical or any other
facilities;
Owners contribution to the provident fund of the worker;
Traveling allowances or concessions thereof;
Any other sum paid to worker to cover any special expenses entailed to her/him by the
nature of the employment.
But, as per different decisions of the courts of Bangladesh, the following items are also treated as
part of the wages of a worker:
Any amount payable to the worker by the order of the court or the award of the arbitrator
shall be treated as the wages;
Overtime allowance shall be treated as wages;
Compensation on retrenchment (on ground of redundancy) shall be treated as wages;
Allowance during lay-off or temporary suspension shall be treated as wages;
Increment shall be treated as wages;
Compensation at the expiry of the employment by any means like dismissal, discharge or
otherwise shall be treated as wages;
Gratuity on discharge or any other gratuity shall be treated as wages;
House rent allowances shall be treated as wages;
4
Wages during leaves or holidays shall be treated as wages.
Changes in the present law:

1. Previous law excluded the gratuity on discharge from the wages of a worker but the new
law includes it as part of the wages.
2. The word gratuity was never defined anywhere in the earlier labour law but the new
law defines it properly in section 2 (10) where it is defined as the amount of the wages of
at least 30 days payable to a worker who worked in a factory not less than 6 months at the
expiry of her/his employment.
3. 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.
4. Provident fund is considered to be the wages and is payable within 30 days of the expiry
of the employment.
1.1.2 Persons responsible for the payment of wages

Under the new law the following persons shall be responsible for the payment of the wages of the
worker.
Owner of the factory;
Chief Executive Officer (CEO) of the company;
Manager/person assigned responsibility by the company;
The Contractor, for payment to workers appointed by the Contractor.

In case of the failure of the contractor to pay the wages to the worker, the principal owner shall
pay the same and subsequently it can be adjusted with the accounts of the contractor.
1.1.3 Fixation of wage periods and time of payment of wages

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.
Section 122 guides the paymaster to fix a period not exceeding 30 days and section 123 provides
that payment shall be made within seven working days of the expiry of a wage period.

There is a big change. In previous law, where there is less than 1000 workers employed, the
employer had to pay before the expiry of the 7th day from the end of the wage period and in the
railway or any other factory or industry , the employer had to pay before the expiry of the 10th
day from the end of the wage period.
5
1.1.4 Deductions from the wages

Section 125 of the labour law 2006 deals with the deductions made from the wages of the
workers. Following are the deductions valid under the present law:
1. Fines under section 25 (section 25, however, states that no fine shall be allowed more
than one-tenth of the total wages receivables by a worker in a particular wage period and
no fine for a worker aged below 15);
2. Deductions for absence from duty;
3. Deduction for damage or loss of goods entrusted upon the worker in her/his custody;
4. Deduction for house accommodation supplied by the employer;
5. Deduction for such amenities or services supplied by the employer as the government has
authorized;
6. Deduction for recovery of advances or for adjustment of overpayments;
7. Deduction for Income tax payable by the worker;
8. Deduction for subscription to and for repayment of advances from the provident fund
9. Deduction for the payment to the co-operative societies approved by the government.
Up to these 9 points the new law remains exactly the same as section 7 of the earlier Payment of
Wages Act 1936, but the new law added more deductions like the following:
Deductions for the subscription of CBA Union in check-off method;

Deduction for any welfare fund formed by the employer and authorized by the
Government.
1.1.5 Grievance procedure in case of illegal deductions or delay in payment

Application by the worker her/himself or her/his successor in case of her/his death;
Application to the labour court only;
Application within 12 months from the date of such illegal deduction or the date of the
payment being due, but the court can take it even after the expiry of the said period;
Up to 25% as compensation on the wages due at that time may be ordered;
No court fee is payable by the aggrieved worker; rather, if the worker wins the case it is
the owner who shall reimburse the payable court fees;
Single application on behalf of all the workers so aggrieved.
6
Changes in the present Law:
At present, the Chairman of the Labour Courts is only eligible to hear the cases;
Previously, the limitation period was only six months, now it is twelve months.
7
1.2 WORKING HOURS AND LEAVES
1.2.1 Daily hours
Provisions of the new labour code:

Section 100 makes a provision of 8 working hours a day for an adult worker, but an adult worker
may work 10 hours a day provided all the conditions of section 108 have been fulfilled.
According to that section, the employer is required to pay the worker, overtime, double the rate
of her/his usual wages. i.e. basic & dearness allowance, if any. The employer is also required to
maintain an overtime register as per the law.

Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day
1.2.2 Interval for rest and meal*

Interval for rest is provided in the following manner:
1. One hour interval for rest or meal for six hours of work;
2. Half an hour interval for rest or meal for 5 hours of work.
Changes in the present law: No change has been made.
1.2.3 Weekly hours**

The new law makes a provision of total 48 (forty eight) working hours for a worker, but it can be
extended up to sixty hours, subject to the payment of overtime allowances as per section 108 of
the law. However, an average of 56 working hours per week in a year for a labour must not be
exceeded under any circumstances. But the new law makes a provision for exemption approved
by the government if it thinks so fit.
Changes in present law:

Exemption clause has been inserted in the new law, by which the government is empowered to
exempt any of the factories for the purpose of this rule for a maximum period of six months at a
time.
1.2.4 Weekly Holiday***
Provisions of the new labour code: Section 103 of the new labour code makes the provision of
one day weekly holiday for all the workers employed in a factory.
* Section 101 of the Labour Law, 2006

** Section 102 of the Labour Law, 2006 8
*** Section 103 of the Labour Law, 2006
Changes in the new law: No change.
1.3 PAID ANNUAL LEAVE
1.3.1 Annual leave with wage

Section 117 of the new labour law deals with the provisions for annual leave with wages. The
section provides as follows:
1) Each worker, who has completed one year of continuous service in a factory, shall be
allowed during the subsequent period of twelve months leave with wages for a number
of days calculated at the rate of
i) for adult workers, one day for every 18 (eighteen) days of work performed by her/him
during the previous twelve months;
ii) For adolescent worker, one day for every 15 (fifteen) days of work performed by
her/him during the previous twelve months.
2) An adult worker shall cease to earn any such leave when the leave due to her/him
amounts to 40 (forty) days and an adolescent worker shall cease to earn the said leave
when the leave due to her/him amounts to 60 (sixty) days.
1.3.2 Festival holiday*

1) Every worker shall be entitled to eleven days festival-leave for every calendar year. The
employer shall, at the beginning of the year, fix the day and date of such leaves.
2) The employer may require any worker to work on a festival holiday provided that two
days additional compensatory holidays with full pay and one alternative holiday should
be given to her/him under section 103.

Festival holiday has been increased by a day in the new labour law 2006.
1.3.3 Casual leave

Section 115 of the new labour law deals with the provisions for casual leave of a worker. It
makes a provision for 10 days casual leave with full wages.
1.3.4 Sick leave **
9
* Section 118 of the Labour Law, 2006
** Section 116 of the Labour Law, 2006
All workers employed in a factory shall be entitled to get 14 (fourteen) days sick leave with full
average wages. Provided, such a leave shall not be granted unless a Registered Physician
employed by the employer or any other Registered Physician has certified her/his illness.

Earlier laws provided for the same period of leave with half average wages, whereas, the new law
makes provisions for the sick leave to be one with full average wages. The requirement for
certification by a Registered Physician does not exist in the earlier laws. However, it has been
added to the new law.
1.4 EMPLOYMENT OF FEMALE

There are a number of sections where the employment and protection of women have been
discussed. The sections are 45, 50, 79, 87, 94, 109, 332 and 345 of the new labour law, 2006.
Night-shift work of female workers: Section 109 of the labour law, 2006 creates a bar on the
night works of the female workers. The section states as follows:
No female worker shall be engaged for work in any establishment without her consent between
10 pm and 6 am.
1.5 MATERNITY BENEFITS
1.5.1 Maternity leave

In section 46 of the new labour law 2006 provisions have been created for maternity leave of 16
weeks (8 weeks before and 8 weeks after the delivery). 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.
Provisions of the previous labour laws: Section 3 of the Maternity Benefits Act, 1939 provides
maternity leave of 12 weeks (6 weeks before and 6 weeks after the delivery).

The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases
the duration of the qualifying service period - for availing the benefit - to six months from 9
months.
Also, no maternity benefit shall be payable to any woman if at the time of her confinement she
has two or more surviving children.
10
1.5.2 Procedure of payment of the maternity benefit
Provisions of the new labour code: Three options are open to the mothers as per section 47 of
the new labour law:
1. 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.
2. 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 all the benefits payable within 3 days from the submission of the
proof-of-delivery to the owner.
Provisions of the previous labour laws: Previously the procedure was guided by the Maternity
Benefits Act. 1939. 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, whether there remains any working day or not.
Changes have been made in favor of the management, as the management is required to pay the
benefit within three working days. As per the earlier law, it was binding upon the management to
pay the benefit within 48 hours only.
1.5.3 Amount of the Maternity Benefits

As per sections 48 of the new labour code there is a provision of the payment in terms of daily,
weekly or monthly, as and where applicable, average wages. The section also provides the
formulae for the calculation of the aforesaid average wages as follows:
DAW* or WAW** or MAW*** = The total amount received by the worker during the
immediate preceding three months / Total actual working days during that period.
Changes brought by the new law: No change has been made.
1.5.4 Benefits in case of the death of mother****

The person nominated by the mother who died, or in the case where no such person is nominated,
her legal representative, shall be entitled to receive the benefits as described above.
* Daily Average Wages

** Weekly Average Wages 11
*** Monthly Average Wages
**** Section 49 of the Labour Law, 2006
1.6 EMPLOYMENT OF ADOLESCENT
1.6.1 Prohibition of employment of children and adolescent

Section 34 of the new labour law creates a bar on the appointment of children in any
establishment. The section states as follows:
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. A certificate of fitness granted to her/him under section 68 is in the custody of the

manager of the factory;
2. 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.
Adolescent: Adolescent means a person who has completed her/his fourteen years but has not
completed her/his eighteen years of age.

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. But in the new law, child means a person who has completed her/his fourteen years of
age and adolescent means the person who has completed sixteen years and has not completed
eighteen years of age. The present law specifically prohibits 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. (as per section 44)
1.6.2 Certificate of fitness

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.
A registered medical practitioner shall, on the application of an adolescent or her/his

parent or guardian accompanied by a document signed by the manager of a factory that
12
such person will be employed therein if certified to be fit for the work he or she has
proposed to be employed for, issue a certificate of fitness.
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.
1.6.3 Working hours of adolescent

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.
No adolescent shall be allowed or required to work 5 hours a day and 30 hours a week
No adolescent shall be allowed or required to work between the hours from 7 pm to 7 am
In every factory, the work of an adolescent shall be limited up to two shifts and no such
shift shall be more than 7 and a half hours
An adolescent can only be appointed in a single relay and such relay shall be changed
only with the prior approval of the inspector for once in a month.
1.6.4 Restriction of appointment of adolescent in certain work

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.

Lubrication or for other adjustment operation of the machinery while it is in motion.
Any work in-between the moving parts of a machine.
Any work under ground or under water.
13
PART 2: EMPLOYMENT
2.1 Employer
Definition in New Labour Law:
The Term Employer is defined in section 2, Subsection (XLIX), previously the term was defined
in different law for different purposes like for payment of wages, for Employment, for Factories
and for Shops and establishment. But the new law provides a single definition to cover all the
purposes. As per the above section any person in relation to an establishment who employs
workers therein and includes:
An heir, Successor, Assignees, Guardian or legal representative of such persons
Manager or the person responsible for the management and control of the establishment
The authority appointed by the government or the head of the Ministry or division
concerned for the State owned establishment
Officer appointed for the purposes or where no such authority is appointed the CEO of
the Local authority for the establishment run by the local authority.
For any other establishment, the Owner of the establishment and every director, Manager,
Secretary or the agent of such persons
The person in occupation of the establishment or the person in ultimate control of the
establishment
2.2 Forced labour

Forced labour is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh.
Therefore, any Law approving forced labour is Void ab initio as per the constitutional framework
of legislation in Bangladesh.
Article 34 of the Constitution of the Peoples Republic of Bangladesh stated as follows:

----All forms of Forced Labour are prohibited and any contravention of this provision shall be
an offence and shall be punishable in accordance with the Law
Again, the two ILO fundamental rights Conventions (nos. 29 and 105) also addresses the
abolition of forced labour, and Bangladesh has ratified these two conventions long time ago. But,
this constitutional guideline is still ignored in the new Labour Law as the Law has not defined the
word forced labour in it and has not provided for the punishment and procedure thereof.
14
Therefore, forcing the worker to work in a factory for days together continuously by the factory
owners against their intention should be strictly prohibited and law should address this issue as
per our Constitution and ratified ILO Conventions.
2.3 Discrimination

Any discriminatory behavior on the basis of sex, color and creed is totally prohibited in any law
in Bangladesh. Articles 27 and 28 have provided a guideline to the legislator to make the
discrimination free environment in every walk of national life. Section 345 of the new labour law
is, however, noteworthy in this connection. The section is stated as follows: In determination of
the wages for a worker or in fixation of the minimum wages equality irrespective of the sex of
the worker, shall be maintained. No discrimination in this regard shall be tolerated by law.
Article 27 of the Constitution is stated as follows:
----All citizens are equal before Law and are entitled to equal protection of Law
Article 28 of the Constitution is stated as follows:

----The State shall not discriminate against any citizen on the grounds of religion, race, caste,
sex or place of birth.
Therefore, discrimination on the grounds of any of the above issues is prohibited in the country.
2.4 Service rules

Section 3 of the new labour law allows an industrial establishment to make a service rule
pursuant to the labour laws of the land.
Provisions of the previous labour laws: Section 3 of the Employment of Labour (Standing
Orders) Act, 1965 has the same provisions as above.
Comments: Framing of the service rules by an employer is not mandatory, but if these are made,
they must comply with the relevant laws.
2.5 Appointment Letter and ID Card

Section 5 of the new Labour Law 2006 provides that each and every worker should be given
appointment letter and ID card by their employer free of charge.
15
Provisions of the previous labour laws: Previously there was no such law. Only the Newspaper
Employees (Conditions of Services) Act, 1974 and The Road Transport Workers Ordinance of
1983 made the provision of the appointment letter for their employees.
Comments: 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: employees
name, fathers name, mothers name, spouses name and address, date of appointment, type of
employment and conditions of the employment.
2.6 Service book
Provisions of the new labour code: The law provides for a separate section i.e. Section 8 of the
law for the entries of the service book of a labour. As per the section following entries shall be
there in the service book of a labourer:
Employees name, spouses name , mothers and fathers name and address
Date of birth
Mark of recognition
Previous owner and her/his address if applicable
Duration of the employment
Occupation or designation
Wages and allowances
Leaves availed
Conduct of the worker
Provisions of the previous labour laws: Employment of Labour (Standing Orders) Act 1965
does not provide any provisions related to this. Only the provisions for the maintenance of the
service book were available in the Employment (Record of Services) Act 1952 and Employment
(Record of Services) Rules 1957.
Changes brought by the new law:

No significant changes are there in the provisions for the service book in the new law. 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.
2.7 Classification of workers
Provision of the new labour code:

Section 4 of the new labour code of 2006 classifies the workers into following classes:
16
a) Apprentices
b) Badlies (transfer workers)
c) Casuals
d) Temporary
e) Probationer and
f) Permanent
These terms of classification have been properly defined in the present legislation
Apprentice: 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.
Badlies (transfer workers): A worker who is employed for the period of absence of a permanent
or probationer worker.
Casual: A worker who is employed on casual basis.
Temporary: A worker who is employed purely for a temporary nature of work.
Probationer: A worker who is employed on probation for a fix time with a view to fill up a
permanent vacancy.
Permanent: A worker who is employed to fill up a permanent post or when a probationer

completes her/his probation period in an establishment.
2.8 Probationary period

Period of probation:
Six months for the worker employed in clerical activities
Three months for other workers.
If the employment of a probationer expires during the probation and if the same person is
re-employed under the same employer within next three years of such employment shall
be treated as a probationer and the previous period of probation shall be calculated with in
new period.
If a permanent worker starts a new job as a probationer, then during that period of
probation he can be shifted to her/his permanent post during the subsequent period of
probation.
17
There is no change in the classification of labour. But in the calculation of the period of
probation, the earlier laws included all the leaves and strikes and lockouts during that period
which the new law has ignored and refrained from specific provisions in this regard.
2.9 Calculation of continuous service

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:
If the actual number of the working days of a worker is 240 during the previous twelve
calendar months he or she shall be deemed to be worked for a continuous period of one
year.
If the actual number of the working days in the previous twelve calendar months is 120
days s/he shall be deemed to be employed there for a continuous period of six months.
For counting continuous service, the following issues will come under consideration:
Days the worker was laid off;

Days of leave with or without wages due to accident or illness;
Non-working days due to legal strike or illegal lock out;
Days on maternity leave for a female worker.

No significant change has been noticed in this purpose except for the inclusion of the number of
days not-working due to legal strike or illegal lockout. And for calculation of six months of
continuous employment the number of actual working days is 120, which was previously 140.
2.10 Payment of wages for un-availed leave*

In case of the expiry of the specific employment of any worker by way of discharge, dismissal,
termination, retrenchment or retirement, if there remains any un-availed leave of the aforesaid
worker, he or she shall be entitled to get the wages of those days so un-availed.

Actually this was also in previous law under section 5 (4) of SO Act 1965 .
* Section 11 of Labour Law, 2006
18
2.11 Provident Funds for workers:
Provisions of the new labour law

Section 264 of the Labor Law 2006, provided for an establishment of a Provident Fund if so
demanded by the three fourths of the total workers employed in a factory. The section also
provided for the following:
1. It may constitute for the benefits of the worker in the private sector.
2. Such provident fund shall be constituted prescribed by the rules.
3. The Government may make rules for constitution of provident fund.
4. Such Provident Fund shall be held and administered by a Board of Trustee.
5. 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.
6. Representative will be nominated by the employer and collective bargaining agent.
7. The above nomination shall be under the supervision of the Director of Labour.
8. All the representatives shall hold office for a period of two years.
9. 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.
10. In the case of provident fund one fourth of total workers will claim in writing to their
employer.
11. In order to provide provident fund the employer will establish rules within six months
and the fund shall start by this period.
12. At least half of the total accumulations shall be invested for the purpose of any of the
following, namely:
a) I.C.B. Mutual Fund Certificates.
b) I.C. B. Unit certificates and
c) Government securities including Defence and Postal Saving Certificates
13. The cost of maintenance shall be borne by the employer.
14. The accounts of provident fund shall be audited.
15. 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.
16. Where the government is satisfied, he may by order exempt the establishment from the
operation of this section.
17. A provident fund shall be deemed to be a public institution for the purposes of the
Provident Funds Act, 1925 (XXIX of 1925).
18. Establishment in private sector means an establishment which is not managed directly by
the Government.
19
2.12 Death benefit**

If any worker died after completing 3 (three) years continuous service with an employer, the
worker shall be entitled to get benefits for 30-days wages for each completed year or service, or
six-months thereof, or gratuity, whichever is higher. The worker shall get this benefit in addition
to her/his other emoluments during the retirement.

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.
2.13 Stoppage of work

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:
a) In the event of fire, other catastrophes, breakdown of machinery, epidemics, or civil

commotion, or any other circumstance beyond her/his control, the employer can stop the
work of a section or sections of her/his factory.
b) In the event of such stoppage occurring at any time beyond working hours, the employer
shall by issuing a notice in the notice board of the factory inform the labourers as and
when to resume the work and whether the worker is to be present at that specific place at
that time.
c) The notice also mentioned that those who are ordered to be so present, and if their
presence is required for an hour only, then they may not be entitled to get any benefit.
** Section 19 of Labour Law, 2006
20
2.14 Right of laid off workers*

Lay off: Failure, refusal or inability of an employer, on account of shortage of coal, power or raw
material or the accumulation of stock or break down of machinery or for any other reason, to
continue the employment to workers whose names are brought to the muster-roll of the factory.
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.
Compensation during lay off = (Total basic + dearness allowance + ad hoc wages)/2 +
the house rent he or she would get if not so laid off.
No worker shall get the compensation for more than 45 days in a calendar year of lay off
If any worker is laid off for 15 days or more after the first 45 days of lay off in a single
calendar year the employer can retrench the worker instead of lay her/him off.
But, if the lay off extends beyond that 45 days up to a period of 15 more days, then the
labour so laid-off shall be entitled to get benefits at the following rate:
Compensation during lay-off beyond 45 days = (Total basic + dearness allowance + ad
hoc wages)/4 + the house rent he or she would get if not so laid-off.
2.15 Retrenchment**

Retrenchment means the expiry of the employment of a worker on the ground of redundancy.
For retrenchment, an employer has to follow the following provision of the new labour law:
No worker, employed in any shop or commercial or industrial establishment, who has been in
continuous service for not less than one year under an employer shall be retrenched by the
employer, unless -
(a) The worker has been given one months notice in writing, indicating the reasons for
retrenchment or the worker has been paid in lieu of such notice, wages for the period of
notice;
(b) A copy of the notice in respect of the retrenchment has been sent to the Chief Inspector or
any other officer authorized by her/him; and
(c) He has been paid, at the time of retrenchment, compensation which shall be equivalent to
thirty days wages for every completed year of service or for any part thereof in excess of
six months, or gratuity, if any, whichever is higher.

** Section 20 of Labour Law, 2006
21
2.16 Discharge

Discharge means the expiry of the employment of a worker on the ground of inability or
incapacity because of ill health. 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.
2.17 Dismissal

Section 23 of the new labour law deals with the dismissal of the worker on the ground of
misconduct and conviction.
The section makes room for the employer to dismiss a worker without serving her/him a notice or
the payment in lieu thereof for the following two grounds:
If the worker is convicted by any criminal court
If her/his misconduct is proved under section 24 of the labour law 2006.
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.
22
The new law makes a provision of lighter punishment in case of the misconduct. 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;
2.18 Termination

The employer can terminate a worker without assigning any reason whatsoever except for
dismissal, etc. in the following manner as described in Section 26 of the new labour law 2006.
For the permanent workers:

1. Serving 120 days notice to the workers employed on the monthly basis.
2. 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.
2. 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.
Compensation on termination of a permanent worker: When a permanent worker is

terminated she or he shall be entitled to get a benefit of 30 days wage for every completed year of
service in an establishment in addition to the other benefit payable to her/him.
23
PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE
3.1 SAFETY
3.1.1 Fire
Present law with regards to fire:

Section 62 deals with the provisions for measures to be taken by a factory to avoid dangers and
damage due to fire. 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.
2. No door affording exit can be locked or fastened during the working hours so that they
can be easily or immediately opened from inside.
3. 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.
4. 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.
5. There shall be an effective and clearly audible means of fire-warning system to every
worker.
6. There shall be a free passage-way giving access to each means to escape.
7. 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.
8. 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.
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.
3.1.2 Floors, stairs and means of access

Section 72 of the new labour law deals with the floors, stairs and means of access. 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.
2. Reasonable safe passageway or access shall be maintained in a place where employees
work.
3. All the floors, passageways, and staircases shall be maintained in a neat and clean
manner, wide enough, and free from any blockade.
3.1.3 Excessive Weights

Section 74 of the new labour code states that, no person shall be employed in any factory to lift,
carry or move any load so heavy as to be likely to cause him injury.
3.1.4 Safety of building and machineries

Section 61 of the labour law 2006 provides for the measures to be taken as regards the safety
measures related to building and machineries. 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.
2. 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.

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.
3.1.5 Fencing of machinery*

1. Factories are required to secure the following parts of machinery in order to ensure safety
of the workers:
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.
2. 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.
3. 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.
4. 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.
3.1.6 Work on or near machinery on motion*

1. 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.
2. 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.
3. The Government may prohibit the cleaning, lubricating and adjusting, of any machinery
in motion, by any person.
3.1.7 Explosive or inflammable dust or gas**

1. 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.

** Section 78 of Labour Law, 2006 26
2. 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.
3. 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.
b) Practicable measures should be taken to reduce pressure inside the pipeline before
working on joints of that pipeline
c) Entrance of inflammable gases or vapours, into the pipeline through the joints that
are to be worked on, must be carefully prevented.
4. 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.
.
3.1.8 Precautions against dangerous fumes*

1. 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.
2. No portable light of voltage exceeding 24 volts shall be permitted to use inside places
mentioned above.
3. 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.
b. 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.
4. 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.
5. 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.
27
3.1.9 Personal protective equipment

There are several sections in the new law where the personal protection of the worker has been
discussed.
Section 75 deals with the protection of eyes.
Effective screens or suitable goggles shall be provided for the protection of persons eye where
there is a risk:
- Of injury to eyes from particles or fragments thrown off in the course of the
processing
- To the eyes, by reason of exposure to excessive light or heat.
Section 79 also makes a provision of personal protection, sub-section (d) and (e) stated as
follows:
(d) Providing for the protection of all persons employed in the operation or in the vicinity of
the places where it is carried on, and
(e) Providing notice about the hazardous chemical to the workers.
3.1.10 Risk assessment and prevention

There are several sections in the new labour code regarding the assessment of risk and prevention
thereof. Section 40 and 79 of the new labour law made provisions for the government to asses
certain occupation. The sections state as follows:
(a) The government shall, by notification in the official gazette, provide a list of the
dangerous machines and risky operations for the adolescent workers (Section 40[3])
(b) The workers employed in such machines and/or operations shall be sufficiently trained
and supervised
(c) The Government shall identify and provide a list of dangerous operations (section 79)
3.1.11 Powers of inspectors on certain matters:
i) Power to require any measures as to the safety of building and machinery:
The inspector may serve an order specifying the measures which should be adopted or an
order prohibiting its use until it has been properly repaired. (s. 61)
The Chief Inspector may permit the continued use of machine on such conditions for
ensuring safety as he may think fit to impose. (s. 66)
The Chief Inspector may permit the continued use of a hoist or lift installed in a factory
upon such conditions for ensuring safety as he may think fit to impose. (s. 69 (7)).
The Inspector may serve on the employer an order in writing requiring him to furnish
drawings, specifications and other particulars as may be necessary to determine whether
28
such buildings, ways, machinery or plant can be used safely and to carry out such tests as
may be necessary to determine the strength or quality of nay specified parts and to inform
the Inspectors of the results thereof. (s. 76).
ii) Power to require measures as to the precautions in case of fire:
The inspector may serve an order specifying the measures which should be adopted
before a date specified in the order.( s.62 )
iii) Notice to be given to the Inspectors:
When any accident occurs in an establishment causing loss of life or bodily injury, the
employer of the establishment shall give notice of the occurrence to the Inspector within
two working days. ( s. 80)
Where in an establishment any dangerous occurrence occurs whether causing any bodily
injury or not the employer of the establishment shall send a notice to the Inspector within
three working days. ( s. 81 )
Where any worker contacts any disease , the employer or the worker concerned or any
person authorized by him shall send notice to the Inspector.( s. 82)
iv) Power to take samples:
An Inspector may at any time take a sufficient sample of any substance used or intended
to be used in the establishment such use being , in the opinion of him in contravention of
the provisions of this Act or likely to cause bodily injury to the health of workers.( s.84 )
Where the Inspector takes such sample, he shall divide the sample into three portions and
effectively seal and suitably mark them and shall permit the employer to add his own seal
and mark thereon.
If the Inspectors requires the employer shall provide the appliances for dividing, sealing
and marking the sample.
The inspector shall give one portion of the sample to the employer , send the second
portion to a Government analyst and report thereon and retain the third portion for
production to the Court.
v) Power of Inspectors in case of certain dangers;
If, it appears to the Inspectors that any establishment or any part thereof or with the
control, management or direction thereof, is dangerous to human life or safety or
defective, so as to threaten to the bodily injury of any person, he may give notice in
writing to the employer in respect of which he considers the establishment or the thing or
practice, to be dangerous or defective and require the same to be remedies within such
time and in such manner as he may specify in the notice.
The Inspector may, by order in writing direct the employer prohibiting the extraction or
reduction of pillars in any part of such establishments.
The Inspector may by an order in writing prohibit the employer if he thinks that there is
urgent and immediate danger to the life.
29
The employer if is aggrieved by the order may, within ten days of the receipt of the order
, appeal against the same to the Chief Inspector who may confirm , modify or cancel the
order.
The inspector making an order report the same to the Government and shall inform the
employer concerned that such report has been so made.
The Chief Inspector shall report to the Government any order, except the order of
cancellation passed by him and shall also inform the employer concerned that such report
has been so made.
3.2 WELFARE
3.2.1 First aid appliances

Section 89 of the new labour law provided the following:
1. First Aid boxes or cupboard equipped with the contents prescribed by rules should be
provided in every establishments
2. A well equipped first aid box or cabinet for every 150 labour
3. A person, who has to be always available in the factory, trained in first aid knowledge
assigned for every first aid box
4. Notice regarding the availability of that person in every working room and a special
badge issued for that person
5. An ambulance and a well-equipped dispensary for every 300 workers employed in a
factory.

The facility of ambulance and dispensary has to be provided by the owners of the factories in
which at least 300 workers are employed. Previously, this facility was required for factories with
a minimum of 500 workers.
3.2.2 Washing facilities

Section 91 of Bangladesh Labour Law, 2006 provides for the washing facilities for workers in a
factory. But the new law is exactly the same as the earlier Factories Act 1965. Rules regarding
the washing facilities are yet to be made.
The number of taps in the workplace was fixed in the earlier laws as per the following schedule:
1. One tap for every 15 worker who are coming into close contact of noxious substances
30
2. Workers who are not working with noxious substances shall be entitled to get the
following facilities:
Number of Workers Number of Taps

*
0-20 1
21-35 2
36-50 3
51-150 4
151-200 5
200-500 5+ 1 for every additional 50 or
part thereof
More than 500 11+1 for every additional 100 or
part thereof
3. At least one gallons of water supply for each and every worker per day employed in
a factory.
* Taken from Factory Rules, 1979.
3.2.3 Canteens

Section 92 of the new labour law provides a canteen for every 100 workers as opposed to the
earlier Factories Act which provided a canteen for every 250 workers.
Changes brought by the new law:

Number of workers per canteen has been decreased to ensure better canteen facility. All other
provisions related to the management and quality of the services and food in the canteen remains
unchanged.
3.2.4 Shelters/ rest rooms and lunch rooms

Section 93 of the new labour code makes a provision of a rest room for every 50 or more workers
and a separate rest room for the female workers numbering over 25. But if the number of female
workers is below 25 then the factory management shall manage a curtain in the same rest room to
create a separate resting space for the female workers.
31
Required minimum number of workers for a rest room has been decreased to 50 from 100 and a
separate rest room provision for female workers came into being in the new law.
3.2.5 Rooms for children*

The new law has made a provision of a childrens room for every 40 female workers with
children below 6 years of age. The room is required to be of such an area so that it can provide
600 square centimeters (previously it was 20 sft) of space for each child and the minimum height
of such room shall not be less than 360 centimeters.

Required minimum number of the female workers, with children below 6 years of age, has been
decreased to 40 from 50, for a childrens room in a factory.
3.3 HEALTH AND HYGIENE
3.3.1 Cleanliness

Section 51 of the new labour law deals with the provisions of cleanliness. It is exactly the same
as section 12 of the earlier Factories Act, 1965. The law provides for the following:
1. Every factory shall be kept clean and free from effluvia arising out of any drain, privy, or
any other nuisance in the following manner:
a) Accumulation of dirt and refuge shall be moved daily by sweeping from floors
and benches of workrooms, staircases and passages;
b) The floors of every work room shall be cleaned by washing at least once in a
week using disinfectant;
c) Effective drainage shall be provided and maintained where the floor is liable to
become wet in course of any manufacturing process to such extent as is capable of
drainage;
d) All inside walls and partitions, all ceilings or tops of the rooms and walls, side and
top of the passageways and staircase shall be-
32
repainted or re-varnished at least once in every five years from when they
are painted or varnished
cleaned at least once in every fourteen month where they are painted and
varnished and have smooth impervious surfaces.
kept whitewashed or color washed at least once in every fourteen months
2. A register shall be maintained in every factory for all the required activities as described
in the clause (d) above.
3.3.2 Drinking water

Section 58(1) of the new labour law provides for an effective arrangement of sufficient supply of
wholesome drinking water conveniently located at suitable point for all workers. The section
further provides for the following
(2) The word Drinking water shall be legibly marked on the place;
(3) Cooling the drinking water in a factory during the hot weather where more than
250 workers are employed;
(4) Oral Re-hydration Therapy for the workers, working close to the machine
producing excessive heat.

A number of changes are there in the new legislation in this regard:
The Factories Act 1965 made a provision that the drinking water cannot be located in any
place within 20 feet of distance of latrines, urinals, or washing-places, but the new law
has directed for a place convenient to all.
Oral re-hydration therapy has been instructed for installation for the employees working
close to machines producing excessive heat.
3.3.3 Overcrowding

Section 56(1) of the labour law 2006 makes provisions for required spaces for a single worker
employed in a factory. Following are the points important in this regard.
(2) 9.5 (Nine and half) cubic metres of space for every single worker in a factory;
33
For calculating the dimension of the aforementioned-space, ignore the height beyond 4.25
meter;
(3) The Factory shall post a notice in each workroom, specifying the maximum number of
workers who can be employed therein as per the above calculation, if the Inspectors so
require;
(4) The Inspector can exempt any workroom of any factory from the compliance of this rule
if satisfied that for the health of the worker it is not necessary.

No noteworthy change is there except for the conversion of the measurement of space in the
metric system from the existing British system.
3.3.4 Lighting

Section 57(1) of the new labour law provides for the arrangement of sufficient and suitable
lighting of natural or artificial or both. The section further provides for the following:
(2) Glazed windows or skylights shall be kept clean on both the pouter and inner
surface free from obstructions;
(3) Provisions shall be made
(a) to prevent glare either directly from any source of light or by reflection from a
smoothened or polished surface;
(b) Provisions shall be made for the prevention of the formation of shadow to such extent
as to cause eye strain or risk of accident to any worker.
3.3.5 Latrines and urinals

Section 59 of the new labour law makes the provisions of the latrines and urinals for the workers
employed in a particular factory. The section provides for the following:
a) Sufficient number of latrines and urinals located at convenient places and

accessible to all the workers
b) Separate arrangements for male and female workers
c) Properly illuminated and ventilated and sufficient supplied with water at all times
d) Clean and sanitary condition be maintained by detergents or disinfectants or with
both
34
3.3.6 Dust bins and spittoons
Section 60 of the present law deals with the provisions of dustbins and spittoons. The sections
provides for the following:
1. Every factory shall provide sufficient number of dustbins and spittoons at convenient
places in clean and hygienic conditions
2. No person shall spit or litter except in the spittoon or bins, kept and maintained for
this purpose
3. A notice shall be posted at every conspicuous places for the workers to the effect that
Spitting or littering in contravention of clause 2 is a punishable offence.
Changes in the present law: Previously the provision was only for the spittoons; however, now
it is paraphrased as Spittoons and Dustbins to include littering as well. The earlier laws made
the provision of a Taka 2 fine for the violation of the spitting rules which is eliminated in the new
law and only a notice has been provided for to that effect.
35
PART 4: INDUSTRIAL RELATIONS
4.1 Unfair Labour Practices from the Part of the Employers

Section 195 of the new labour law, 2006 provides a list of conducts or activities, which
tantamount to unfair labour practices from the part of the employer. Following are the actions in
brief:
Imposition of any condition in a contract of employment seeking to restrain the right of a

person to join a trade union or to continue her/his membership of a trade union.
Refusal to employ or refusal to continue to employ on the ground that a person is, or is
not a member or officer of a trade union.
Discrimination against any person in regard to any employment, promotion or condition
of employment on the ground that such person is or is not the member or officer of trade
union.
Discharge or dismissal of any person on the ground that the person is or is not the
member or officer of a specific trade union.
Instigating or seeking a person to be the member of a particular trade union.
Inducing a person to refrain from becoming, or to cease to be a member or officer of a
trade-union.
Compelling any officer of the CBA to sign a memorandum of settlement by intimidation
or by coercion
Interfering with or in any way influence the balloting provided for the election of the
CBA.
Recruitment of new workman during the currency of a legal strike.

The new law makes the list of the activities of unfair labour practices much longer. In the earlier
laws there were eight different activities which had been termed as unfair labour practices. In the
new law, however, there are 12 different activities of the employer that are termed as unfair
labour practices.
Following are the additional four activities of the employer that can be termed as the unfair
labour practices from now on:
1. Willful failure in implementing the recommendation of the participation committee

2. Failure to respond to any communication made by the CBA as regards to any industrial
dispute
3. Transfer of the President, General Secretary, Organizing Secretary and Treasurer of a
trade union
4. Imposition of an illegal lock-out and continuance thereof and persuading a person to
participate in that.
36
4.2 Unfair Labour Practices from the Part of the Workmen

Section 196 of the new labour law deals with the provisions of unfair labour practices from the
part of the labour. Following activities of the labour constitute the unfair labour practice from the
part of the labour:
Persuading a workman to join or refrain from joining a trade union during the working
hours
Intimidating any person to become or refrain from becoming a member or officer of a
trade union
Inducing any person to become or refrain from becoming a member or officer of a trade
union
Compelling or making any attempt to compel an employer to sign a memorandum of
settlement by using intimidation
Compelling or making any attempt to compel any workmen to pay or refrain from paying
any subscription towards the fund of the trade union.
In the earlier laws there were six activities of the labour that were considered to be unfair labour
practices. But the new law extended the purview of unfair labour practices. Following are the
addition to the list of unfair labour practices from the part of the workmen:
1. Imposing illegal strike or go slow or persuading thereto

2. Gherao or blokcade on the highways or destruction of the property including transport
and vehicles.
4.3 Determination of the Collective Bargaining Agent (CBA)

Section 202 of the new labour code deals with the provisions relating to the determination of
Collective Bargaining Agents (CBA). The Law provides for the following procedure:
1. Where there is only one trade union, that trade union shall be taken as the Collective
Bargaining Agent (CBA) for that establishment
2. Where there are more than one trade union in an establishment , the Registrar shall take
necessary steps to elect the Collective Bargaining Agent, upon the application of any of
the trade unions having members of more than one third of the total workers employed in
the establishment
3. Upon the receipt of the application as above the Registrar shall, by notice in writing,
communicate to all the trade unions as to whether they would want to contest for the
secret ballot for their representation in the CBA or not - giving a time limit of fifteen day
4. If a trade union fails to indicate within the time specified in the notice, its desire to be a
contestant in the secret ballot, it shall be presumed that it shall not be a contestant in such
a ballot/poll
5. Every employer shall -
37
(a) On being so required by the Registrar, submit to the Registrar a list of all workers
employed in the establishment, excluding those whose period of employment in
the establishment is less than three months or workers with records of
insubordination and negligence-to-duty
(b) Provide such facilities for verification of the list submitted by her/him as the
Registrar may require.
6. On receipt of the list of workers from the employer, the Registrar shall send a copy of the
list to each of the contesting trade unions and shall also affix a copy thereof in a
conspicuous place of her/his office and another copy of the list in a conspicuous place of
the establishment
7. The objection, if any, received by the Registrar within the specified time shall be disposed
of by her/him after such enquiry as he deems necessary
8. The Registrar shall make such amendments, alterations or modifications in the list of
workers submitted by the employer as may be required by any decision given by her/him
on objections received under previous sub-section
9. After amendments, alterations or modifications, if any, made under above sub-section or
where no objections are received by the Registrar within the specified time, the Registrar
shall prepare a list of workers employed in the establishment concerned and send copies
thereof to the employer and the contesting trade unions at least four days prior to the date
fixed for the poll
10. The list prepared under the aforesaid sub-section shall be deemed to be the list of voters
and every person whose name appears in the list shall be entitled to vote to elect the
Collective Bargaining Agent
11. Every employer shall provide for such facilities as are required by the Registrar to
conduct the poll
12. No person shall canvas for vote within a radius of fifty yards of the polling station
13. For the purpose of holding the secret ballot to determine the CBA, the Registrar shall do
the following:
a. Fix a date and intimate the same to the contesting trade unions and the employer
b. Set the sealed ballot boxes, which are sealed in presence of the representative of
each of the contesting trade unions if any one present
c. Conduct the poll in the polling stations where the representative of the contesting
trade unions shall have the right to enter
d. Count the votes in presence of the representative of the contesting trade unions if
anybody is present
e. Declare the result and the name of the elected Collective Bargaining Agent.
14. Where a registered trade union is declared as the Collective Bargaining Agent according
to the above rules, no such application for the determination of the CBA shall be
entertained within the subsequent two years.
38
4.4 The Right of the Collective Bargaining Agent

The Collective Bargaining Agent in relation to an establishment or group of establishments shall
be entitled to-
i. Undertake collective bargaining with the employer or the employers on

matters connected with the employment, non employment or terms of
employment
ii. Represent all or any of the workmen in any proceedings
iii. Give notice of and declare a strike in accordance with provisions of the
law
iv. Nominate representatives of workmen on any committee, fund constituted
as per the provisions of law or agreements.

1. The previous law required a trade union for being a CBA to consists of at least one-third
of workers as its member, even if it is the only trade union in the establishment but the
new law has made a direct provision that if there remains only a single trade union, then
that shall be treated as the Collective Bargaining Agent
2. The registration of the trade union which acquires less than 10% of vote in a poll for
determination of CBA shall stand cancelled forthwith
3. The new law provides for a right to the Collective Bargaining Agent (CBA), in addition
to the right of representation of the workers in a proceedings, the right of litigation for
and on behalf of the one or all of the workers under this Act
4.5 Participation Committee

Section 205 of the new labour code deals with the provisions of the Participation Committee as
follows:
1. The owner of a factory, where more than fifty permanent workers are employed, shall
form a Participation Committee as per the rules made by the law in this behalf
2. That Committee shall be formed in combination of both the workers and employers
3. The representation of the workers shall not be less than that of the employer
4. Workers in the committee shall be selected on the basis of the selection of the trade
unions
5. All other trade Unions, except for the CBA, shall select their representatives equally; the
number of representative of the CBA shall be one member more than the total numbers of
representative selected by the other trade unions
6. The workers representatives shall be selected in accordance with the rules, where there is
no trade union in the organization.
39
7. Where there is a separate unit in an organization with at least 50 workers employed
therein, as per the recommendation of the Participation Committee of the establishment, a
unit Participation Committee can be formed there, as per the rules in this behalf
8. The unit Participation Committee shall be formed with the participation of the workers
employed in that unit and the representative of the employers there.
4.6 Functions of the Participation Committee*

The functions of the Participation Committee shall be to inculcate and develop a sense of
belongingness and workers commitment and in particular:
To endeavor to promote mutual trust, understanding and co operation between the
employer and the workmen
To ensure application of labour laws
To foster a sense of discipline and to improve and maintain safety, occupational health
and working condition
To encourage vocational training, workers education, and family welfare training
To adopt measures for improvement of welfare services for the workers and their
families
To fulfill production target, reduce production cost, and wastes and raise quality of
products.

1. Sub section (5) of the section 205 clearly determines the relationship between the number
of representatives from the Collective Bargaining Agent and the other trade unions in the
Participation Committee, as per the sub-sections mentioned above:
The number of the representative of the Collective Bargaining Agent = Number of

the representative of all the trade unions + 1
The earlier laws didnt mention any such relation between the representatives of the
groups.
2. As regard to the function of the participation committee there is no change in the new
law.
4.7 Meetings of the Participation Committee

Section 207 deals with procedure of the meetings of the Participation Committee to realize all or
any of the functions of the participation committee. As per the section
The Participation Committee shall meet at least once in every two months to discuss and
exchange views and recommend measures for the performance of the functions under
section 206.
The proceeding of each such meeting shall be forwarded to the Director of Labour and
the Conciliator within seven days of meeting.

40
4.8 Implementation of the Recommendation of the Participation Committee*

The employer and the trade union shall take necessary steps to implement the specific
recommendations of the Participation Committee within the time specified therein
Should the employer or the trade union fail to implement the measures suggested by the
Participation Committee, it shall forthwith communicate the matter to the respective
committee and take every possible step to implement it as early as possible.
Changes in the new law:

Although the meeting procedure is exactly the same as the earlier law, it makes a provision of the
implementation of the recommendations of the committee within the time period provided by the
committee itself. Otherwise, willful negligence will be treated as unfair labour practices.
4.9 Trade Unions

Special definition of worker for the purpose of industrial relation:
For the purpose of the industrial relations the word worker means and includes every worker as
defined under section 2(65), and any labour who is laid off, retrenched , discharged or dismissed
or otherwise terminated for which an industrial dispute has been arisen. But it doesnt include
any security staff like guards and fire fighter or any confidential assistant etc.
Trade union and freedom of associations:
Section 176 of the new labour code deals with the provisions related to trade union and freedom
of association:
Fundamentally to control the relation between workers and workers, Workers and
employers or employers and employers, without distinction whatsoever, shall have the
right to establish and join the union of their choice subject to the constitution of the
respective trade union
Basically to control the relation between workers and workers, Workers and employers or
employers and employers, without distinction whatsoever, shall have the right to
establish and join the union of their choice subject to the constitution of the respective
association
The employers and the workmen shall have the right to form a federation of their trade
Unions and they can also affiliate that federation with any international federation or
confederation of trade unions
The trade unions and the associations of the employers shall have the freedom to adopt
any constitution as per their choice/requirement.
41
4.10 Application for Registration and Required Documents for Registration

Section 177 and 178 deals with the procedure for the registration of the trade unions
Section 176 states that any trade union can Application for its registration to the registrar of the
trade unions of the respective zone under the signature of the President and Secretary of the
respective trade unions.
Section 178 of the new labour code provides a list of documents, required, for the registration of
the trade unions:
The Name and Head Office of the trade unions

The date of formation of the trade union
The Names, Age, Occupation and designation of the executive committee members of
the union
Description of all subscribed members
The Name of the Establishment to which it is related and the total number of workers
in that establishment
In case of a federation of a trade union, the names and addresses of the members of
the union
Three copies of the constitution of the Union and the resolution of the meeting in
which the constitution is proposed and accepted
A resolution of the meeting empowering the Secretary and President of the union for
the registration of the union
In case of federation the acceptance letter of the member union to become the member
of the proposed federation.
4.11 Industrial Dispute

Section 2(62) of the new labour code defines the term Industrial Dispute. As per the section, any
distance and difference between workers and workers, Workers and employers or employers and
employers as regards the employment, non employment or terms of employment of workers has
been termed as an industrial dispute.
Then Chapter 14 of the Labour law 2006 deals elaborately with the procedure of raising
industrial dispute and settlement thereof. Following are the provisions relating to industrial
dispute in the present Law:
4.11.1 Raising of Industrial Dispute

No industrial dispute shall be treated as being existent unless it is validly raised by the
employers or the Collective Bargaining Agents as per the provisions of the law.
42
4.11.2 Settlement of Industrial Dispute*

Section 210 of the present law deals the procedure as the following:
1. If at any time any employer or the Collective Bargaining Agent finds any dispute is
likely to arise, it shall communicate the other party in writing
2. The recipient of the above-mentioned communication shall take initiative to arrange
a negotiation within fifteen days of the receipt of the communication.
Negotiation
The proceedings under the above arrangement between two parties shall be treated as
negotiation and if they are to produce a positive solution to the disputed issues, a
settlement deed shall be executed and be sealed and signed by both the parties. A copy of
the settlement deed shall be forwarded to the Government and the Conciliator thereupon.
Conciliation
If the above mentioned negotiation fails, then it shall be forwarded to the Conciliator for
the process of conciliation.
1. If the dispute is settled through conciliation the Conciliator shall report it to the
government along with the settlement deed
2. The conciliation shall be treated as to have failed, if it cannot reach any
conclusion even after 30 days of initiation. Provided it can be extended beyond the
period if both the parties agree in writing
3. If it fails the conciliator shall try to manage the parties in dispute to refer the
matter to an arbitrator
4. If the parties disagree about the Arbitration the conciliator shall issue a certificate
that the conciliation has failed.
Arbitration
When both the parties agree to refer the dispute to an Arbitrator then the matter shall be
forwarded by the conciliator to the concerned Arbitrator (chosen by both the parties). The
relevant procedure is as follows:
1. An arbitrator shall be a person from the list made and maintain by the government
in this regard or any person mutually agreed upon by the parties
2. Arbitrator shall make an award within thirty days or within any Period, mutually
agreed upon after the matter is received
3. The Arbitrator shall provide a copy of the award to the parties and to the
government as well
4. No appeal shall lie against the award of the Arbitrator
5. The award shall be valid for a term not more than two years.
43
4.11.4 Strike and Lock Out

Section 211 of the new labour code deals with the provisions of the strike and lock-out in
an industry and other establishments. The relevant procedure is as follows:
1. The party raising the industrial dispute, within a period of fifteen days of the receipt of
the certificate of failure from the conciliator shall serve a written notice of Strike or lock
out whatever is applicable, and the party also mention the date of commencement of the
aforesaid strike or lock out within 7 to 14 days of serving such notice or the party
raising the dispute may file a case to the labour court, on the matter
2. No such notice of strike shall be issued by the CBA unless a secret ballot is held in this
behalf under the supervision of the Conciliator and three fourth of the members of the
CBA opted for the strike
3. When the strike or Lock-out has already commenced, then any party can go to the
labour court for the settlement of dispute
4. The Government can stop any strike or lock-out if it continues up to a period of 30
days, provided the government can stop it before the expiry of the above period, if it
believes that it is expedient for public interest.

In earlier laws there were provisions of joint application to the labour court by both parties
at any stage of the commencement or before the commencement of the strike or lock-out,
but in present law this provision has been removed.
4.12 Labour Court:
4.12.1 Formation of court under the New Labour Law:

Section 214 of the labour law 2006 deals with the formation of the Labour
Court, as per that section, the labour court shall consist of a chairman and
two members to advise him.
But for the trial of any offence under section 215 or for the trial of any matter
of chapter X and XII the court shall consist of the chairman only. S 214(3)
A running District Judge or an Additional District Judge shall be appointed
by the government as the chairman of the labour court. S 214(4)
Members shall be the representatives of both the employers and workers
respectively. S 214 (6)
4.12.2 Jurisdiction Under the New Labour Law:
Following are the Jurisdiction of the Labour Court:

To adjudicate and determine industrial dispute
Enquire and adjudicate any matter relating to implementation or
violation of any settlement referred by the government
Try offences under this Act.
Any others function conferred upon or assigned by the Labour law
2006 or by any other law
44
4.12.3 Procedure of the Labour Court:
Procedure in case of the trial of any offence:
The Labour court shall follow the summary procedure of the code of
Criminal procedure as described in chapter XXXV of the aforesaid Act
and for this purpose the court shall be deemed to be a criminal court.
The Labour court in trial of an offence shall be treated as a court of a
Magistrate first class but in case of imposing penalty it shall have the
jurisdiction of a Court of Session. S 215
Procedure in case of Other Matter:
In adjudicating any other matter other than the trial of an offence it shall be
treated as a civil court
Changes in the Present Law:
As per section 313 of the Labour law 2006, No Magistrate court can
try the offences under this Act. But previously Magistrate could try
the offences.
Another big change is brought about in determining limitation in
taking cognizance of offence in section 314 of the labour law 2006.
As per that section no labour court shall take cognizance of any
offences after six months of the date of the offences alleged to have
been committed
45
Obligations and Remedies
Obligation Who is Remedies Procedure to avail the

responsible remedies
To pay the workers Owner of the Up to 25 % as A single application may be
all necessary wages factory, Chief compensation on the presented to the labor court
(S. 121 of new labor Executive wages due at that time under S. 132 on behalf or in
law 2006). Officer (CEO), may be ordered (S. respect of any number of
Manager/person 134). workers belonging to the
assigned same unpaid.
responsibility by
the company,
The contractor,
for payment to
workers
appointed by the
Contractor.
To fix a period not Ditto Ditto Ditto
exceeding 30 days
and under S. 123 the
payment shall be
made within seven
days of the expiry of
the wage period. (s.
122).
No deductions shall The employer Ditto Ditto
be made from the
wages of a worker
except those
authorized (S. 125).
Not to pay below The employer Any employer who pays Ditto
the minimum rate of shall be punishable with
wages (S. 149). imprisonment for a
period up to one year or
with fine up to five
thousand Taka or with
both (S.289).
To give notice and The labor. No compensation. No claim for
claim within two compensation shall be
years of the accident entertained by a Labor
or in the case of Court unless the notice is
death of labor (157). given after the
happening thereof (S.
157).
Not to disclose any The employer Shall be punishable Application to the Labor
information relating and the worker. with imprisonment up Court.
to manufacturing or to six months or with
commercial secret ( fine up to ten thousand
S. 304 ). taka or with both.
46
Obligation Who is Remedies Procedure to avail the
responsible remedies
Not to bound The Shall be entitled to Through the register and
any worker to employer. allowance at the rate of inspector (S.319 (5).
work more than twice his ordinary rate
eight hours (S. of basic wage ( S. 108.)
100).
To allow interval for The If the employer does not Application to the labor
rest or meal for the employer. comply with this court only. Single
worker (S. 101). section, he will be application on behalf of all
punished with the workers so aggrieved.
imprisonment up to
three months, or with
fine which may extend
to one thousand Taka,
or with both.
To allow one day The Compensatory holidays Ditto
weekly holiday for employer. of equal number of
all the workers holidays so deprived
employed in a (s.103 ) .
factory ( S. 103 ).
To allow the The If this kind of leaves are The worker can Apply to the
worker annual leave employer. not enjoyed the labor court if these
with the wages (S. employer must add provisions have not been
117). these leaves with next com-lied with by the
years leave. employer.
To allow the worker The Failing which the The worker can Apply to the
the festival leave (S. employer. worker will get a labor court if these
118 ). compensatory holiday provisions have not been
of 2 days with full pay com-lied with by the
and a substitute holiday employer.
is given to her/him
under S. 103.
To allow casual The No remedy Not Applicable
leave with full employer
wages for the
workers (S. 115).
To allow the The The worker can realize The worker will Apply for
workers14 days employer the wages receivables the sick leave with a medical
sick leave with full during the continuance certificate, if denied he can
average wages of illness with dearness Apply to the labor court
(S.115). allowances an others against the employer.
47
Obligation The person Remedy Procedure
responsible
To allow maternity The If any employer contravenes, he The worker can Apply to
leave of 16 weeks employer shall be punished with the fine the labor court if these
for the mother ( S. which may extend to five provisions have not been
45 ). thousand taka (S. 286). complied with by the
employer.
To pay the The Ditto Serve notice either orally
maternity benefit to employer or in writing to her
the worker (s. 46 ) employer that she expects
to be confined within eight
weeks next following and
may therein nominate a
person for purposes of
receiving payment of
maternity benefit in case
of her death.
To pay the worker The Ditto Ditto

the maternity employer
benefit in case of a
womens death (S.
49).
Not to work in lieu The worker Shall be punishable with fine up Not available in the law,
of any cash or kind to one thousand taka. Rule may provide for
during the permitted subsequently
period of absence by
the employer (S.
287).
Not to permit any The Whoever employs or permits any Application to the Labor
children or employer child or adolescent to work shall Court.
adolescent to work be punishable with fine which
in any occupation or may extend to five thousand
establishment (S. Taka (S. 284).
34).
Not to make any Parent or Whoever Contravenes of this Application to the Labor
agreement, to allow Guardian law shall be punishable with fine Court.
the service of the which may extend to one
child to be utilized thousand taka.
in any employment (
S. 35 ).
To submit the The Penalty for using false certificate Application to the Labor
certificate of fitness adolescent of fitness is punishment with the Court.
(S. 37). worker. imprisonment for up to three
months or fine up to one
thousand taka or with both.
48
responsible
Not to allow the The Whoever employs any child or Application to the Labor
adolescent in certain employer adolescent to work in Court.
work ( S. 39 ) contravention of any provision
of this Act, shall be punishable
with the fine which may extend
to five thousand Taka ( S. 284 .)
Not to be employed The If such contravention results in Any Court imposing a
the adolescent on employer loss of life the employer shall be sentence of fine passed
dangerous machine imprisoned up to four years or under this section may
(S.40). up to one lakh Taka fine or when passing judgment
both, if it results in seriously order the whole or any
bodily injury he shall be part of the fine recovered
imprisoned up to two years or to be paid as
up to ten thousand taka fine or compensation to the
both or if such contravention person injured , or in the
causes injury or danger to case of his death to his
workers the employer shall be legal representative
imprisoned up to six months or
up to two thousand taka fine or
both ( S. 309 ).
To issue an The The Chief Inspector or if
appointment letter employer authorized by him in this
and an identity card To issue and punishment or Fine behalf , any other officer
with photograph (S. as well under S. 307. subordinate to him , may
5) to every worker. lodge complaint with the
Labor Courts for action
.(Section 319 (5)
To Maintain a The Ditto Ditto
service book for employer
every worker (S.6).
To entry in the The worker Ditto Ditto
service book and and the
signed by both the employer
employer and
worker ( S. 8 ).
To pay the workers The wages Application by the
the wages for un- employer worker.
availed leave. Application to the
Labor Court only.
To allow the The 30 days wages for each Application by the
workers Death employer completed year or service, or six worker her/him self or
benefit ( S. 19). months thereof, or gratuity, her/his successor in case
whichever is higher in addition of her/his death.
to her/ his other emoluments Application to the
during the retirement. labor court only.
Application by the
worker her/him
self or her/his
49
successor in case
of her/his death.
responsible
To maintain the The Compensation during lay off = If denied he can apply to
Master-roll for the employer (Total basic + dearness the labor court with that
laid- off workers (S. allowance + ad hoc wages)/2 + against that denier.
17). the house rent he or she would
get if not so laid of.
To allow the The 30 days wages for every Every worker who has
compensation in employer completed year of service or the completed a continuous
case of Discharge gratuity, whichever is higher. service for one year can
wage to the worker. apply to the labor court
and shall be entitled to
get the benefit.
To allow The Compensation equivalent to 30 Every worker who has
retrenchment wage employer days wages for every completed completed a continuous
to the worker. year of service or for any part service for one year can
thereof in excess of six months, apply to the labor court
or gratuity, if any, whichever is and shall be entitled to
greater. get the benefit.
To give one months The Unless in lieu of such notice, Ditto
notice to the worker employer wages for the period of notice is
in writing, given to the worker the
indicating the retrenchment will be ineffective.
reasons for
retrenchment.
To give notice to the The The payment in lieu. Ditto
worker to dismiss employer
unless he is
convicted by any
criminal court or his
/ her misconduct is
proved under S. 24
of the labor law
2006.( S. 23).
To terminate a The The wages to the terminated Ditto
worker, serving employer worker for the aforesaid period
notice to the of notice.
workers (S. 27).
Not to deprive of The Imprisonment for 3 years and The worker may lodge a
worker from the employer also liable to fine ( S. 298 ). complaint to the Labor
payment of Court. No Court fees
provident fund ( S. shall be payable for
29 ) lodging complaint or
appeal under this section (
S. 33 ).
To pay the worker The The final payment due to the Ditto.
the final payment employer worker due to a retirement,
within maximum 30 discharge, retrenchment,
50
working days(S. 30). dismissal and termination.

responsible
To issue the The To have the certificate issued by Ditto.
certificate of service employer the employer
at the time of the
workers
retrenchment,
discharge, dismissal,
removal, retirement
or termination of
service (S. 31).
To send notice of The Imprisonment up to three months The Chief Inspector or if
certain disease of employer or or up to one thousand taka or authorized by him in this
worker ( S. 82 ) the worker both ( s. 307 ). behalf , any other officer
concerned or subordinate to him , may
any person lodge complaint with the
authorized Labor Courts for action
by him in .(Section 319 (5)
this behalf.
To provide The If any injury is caused to any The worker may apply to
alternative exit to Employer worker because of the use of the labor court if these
avoid dangers and such equipment, machinery or provisions have not been
damage due to fire. building, the employer shall be com-lied with by the
(S. 62). liable to pay compensation to the employer.
worker injured at a rate which
may be double the rate of
compensation payable for such
injury .
To ensure safety The Ditto Ditto

measures relating to employer
building and
machineries (S. 61)
To be precaution The Ditto Ditto
against dangerous employer
fumes
To Provide suitable The Ditto Ditto
goggles for the employer
protection of the
worker (S. 75).
51
responsible
To maintain a first aid The employer If the employer does not Application to the labor
box fro the worker in comply with this section, he court only.
the factory (in S. 89). will be punished with Single application on
imprisonment up to three behalf of all the workers
months, or with fine which so aggrieved.
may extend to one thousand
Taka, or with both.
To maintain adequate The employer Ditto Ditto.
washing facilities and
canteen in all the
factory (S. 91 in labor
law 2006).
To have a rest room The employer Ditto Ditto.
and a children room
for the worker (S. 93).
To keep the factory The employer Ditto Ditto
cleans (S. 51).
To maintain Oral The employer Ditto Ditto
rehydration therapy.
To arrange sufficient The employer Ditto Ditto
free space for the
workers (S. 56).
To maintain the The employer Ditto Ditto
register for the worker.
effective arrangement
of sufficient supply of
drinking water (S. 58)
arrangement of
sufficient and suitable
lightning (S
.57).
To have sufficient The employer Ditto Ditto
number of latrines and
urinals for the workers
(S. 59).
To maintain sufficient The employer Ditto Ditto
number of dustbins
and spittoons (S. 60).
S. 195 deals with The employer Whoever breach this The aggrieved person shall
unfair interference section, shall be punishable Application to the labor
about being member with imprisonment for a court under S. 213 for
of trade union. term up to two years, or violation.
with fine which may extend
52
to ten thousand taka, or
with both under S. 291 (1 ).

responsible
S. 196 deals with The worker Under S. 291 (2) any Ditto
unfair labor practice in worker who fails to comply
relation to trade union with it he shall be
punishable with
imprisonment for a term
which may extend to one
year, or with fine which
may extend to five
thousand Taka or with both.
To register the Trade The employer Punishment with Application to the Labor
Union and issue a imprisonment up to six Court.
registration certificate months or fine up to two
( S. 182 ). thousand taka or both (S.
299).
To issue Certificate of The Director Issue the certificate within When the director of Labor
registration ( S. 189) of Labor. seven days rejects the application, the
trade Union may Appeal to
the Labor Court within 30
days
Not to be a member of Worker and Imprisonment up to six Application to the Labor
more than one trade employer. months and fine up to two Court.
union (S.193). thousand taka or both (S.
300).
Not to take part any Worker and Imprisonment of one year Application to the Labor
unlawful strike and employer. or fine with five thousand Court.
lock-out (S. 227). taka or both (S. 294).
Not to instigate illegal Worker and Imprisonment for one year Application to the Labor
strike or lock out. employer. fine with five thousand taka Court.
or both (S.295).
Not to take part or Worker Imprisonment for one year Application to the Labor
instigate or incites to or five thousand taka fine or Court.
go slow. both (S.296).
To establish the The Fine with not more than ten Application to the Labor
participation fund and Company. thousand taka and one Court.
welfare fund (S. 234). thousand taka more in case
of failure (S.236)...
Not to produce false Worker and Six months imprisonment Application to the Labor
statement ( S. 303) employer. or five thousand taka fine or Court.
both.
53

Salient Features of The Bangladesh Labour Law 2006 Related To The RMG Sector

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Salient Features of The Bangladesh Labour Law 2006 Related To The RMG Sector

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Bangladesh German Development Cooperation

SALIENT FEATURES OF THE

Provisions of the new labour law:

Changes in the present law:

1.1.2 Persons responsible for the payment of wages

Provisions of the new labour law:

Changes in the present law:

1.1.3 Fixation of wage periods and time of payment of wages

Provisions of the new labour law:

Changes in the present law:

Provisions of the new labour law:

Deductions for the subscription of CBA Union in check-off method;

1.1.5 Grievance procedure in case of illegal deductions or delay in payment

Provisions of the new labour law:

1.2.1 Daily hours

Provisions of the new labour code:

Changes in the present law:

1.2.2 Interval for rest and meal*

Provisions of the new labour code:

Changes in the present law: No change has been made.

1.2.3 Weekly hours**

Provisions of the new labour code:

Changes in present law:

1.2.4 Weekly Holiday***

* Section 101 of the Labour Law, 2006

1.3 PAID ANNUAL LEAVE

1.3.1 Annual leave with wage

Provisions of the new labour law:

1.3.2 Festival holiday*

Provisions of the new labour law:

Changes in the present law:

1.3.3 Casual leave

Provisions of the new labour law:

1.3.4 Sick leave **

Provisions of the new labour law:

Changes in the present law:

1.4 EMPLOYMENT OF FEMALE

Provisions of the new labour law:

1.5 MATERNITY BENEFITS

1.5.1 Maternity leave

Provisions of the new labour code:

Changes in present law:

1.5.3 Amount of the Maternity Benefits

Changes brought by the new law: No change has been made.

1.5.4 Benefits in case of the death of mother****

Provisions of the new labour code:

Changes brought by the new law: No change has been made.

* Daily Average Wages

1.6.1 Prohibition of employment of children and adolescent

Provisions of the new labour law:

1. A certificate of fitness granted to her/him under section 68 is in the custody of the

Changes in the present law:

1.6.2 Certificate of fitness

Provisions of the new labour law:

A registered medical practitioner shall, on the application of an adolescent or her/his

1.6.3 Working hours of adolescent

Provisions of the new labour law:

1.6.4 Restriction of appointment of adolescent in certain work

Provisions of the new labour law:

Cleaning of the machinery while it is in motion.

2.2 Forced labour

Provisions of the new labour law: