AMERICAN INTERNATIONAL UNIVERSITY BANGLADESH

Faculty of Business Administration

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Assignment Title: Bangladesh labor law

Assignment Number: 01 Due Date: 12 March 2022 Semester:2021-22

Subject Code: MBA5103 Subject Name: BUSINESS LAW & CORPORAT SOCIAL
RESPONSIBILITY Section: G1 Course Instructor: MD. KHALID RAHMAN

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Group Name (if applicable):

No. Student Name ID Program Date

1 ARMAN AHMAD 22-92368-1 MBA 12.03.2022

For faculty use only:

Total Marks: Marks Obtained:
 Bangladesh Labor Law
Labor law (or “labor”, or “employment” law) is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the relationship between trade unions,
employers and employees.

Background of Bangladesh Labor Law- 2006

During the Pakistan regime the Factories Act, 1934 continued up to 1965. The then East Pakistan
Assembly repeated the said Act and in its place re-enact the same and passed the East Pakistan
Factories Act,1965 (Act IV of 1965). The Act was passed in the Assembly on the 5th August,
1965 and was published in the Gazette dated 1st September, 1965.After liberation of Bangladesh
on the 26th March,1971 the Act remained in force.
The laws which this Code has replaced were made mostly during the British Colonial regime and
Pakistan period and they were as many as 50 in number. In many cases these laws were outdated,
scattered, inconsistent and often overlapping each other.
In 1992 a Labor Law Commission was formed by the Government of the day which examined 44
labor laws and recommended to repeal 27 laws and it prepared a draft Labor Code in 1994. This
draft of Labor Code,1994 underwent series of changes in its vetting stages and finally the
Bangladesh Labor Code 2006 was passed by the Parliament on October 11, 2006.The
Bangladesh Labor Code 2006 is one of the very recent laws with major overhauling changes in
the field of labor legislation.

Labor law Acts

The agricultural labor ordinance, 1984
The Fatal Accident Acts, 1855
Merchant Shipping Ordinance, 1976
The Bangladesh oil gas mineral Corporation ordinance, 1985
The State-owned manufacturing industries workers Ordinance, 2000
The Industrial Statistics Act, 1942
The Export processing zones authority Act, 1980
The provident funds Act, 1925
The Trade Organization Ordinance, 1961
The Bangladesh Cha-Srimak kallyan Funds Ordinance, 1968
The Public Servant Retirement Act, 1974

Labor Court
A labor court is a governmental judiciary body which rules on labor or employment-related
matters and disputes. There are only seven labor courts in Bangladesh
 Three are based in Dhaka,
 Two in Chittagong,
 One in Rajshahi and
 One in Khulna and each of these courts have jurisdiction over different parts of the
country.

Working Hours
Section-100: No Adult Worker Shall ordinarily be required or allowed to work in an
establishment for more than eight hours in any day. Section-102: Adult workers shall ordinarily
be required or allowed to work in an establishment for more than 48 hours in any week. Provided
that the total hours of work of an adult worker shall not exceed 60 hours in any week and on the
average 56 hours per week in any year. Section-108: When a worker works in an establishment
for more than the prescribed hours in any day or week, in that case he shall get OT at the rate of
twice of average of his basic wages. Extra Allowance for Over Time

Employee Leave Type

1. Casual Leave Section-115: Every worker shall be entitled to casual Leave with full
wages for 10 (Ten) days in a calendar year. It will not be accumulated and carried
forward to the succeeding year.
2. Sick Leave Section-116: Every worker shall be entitled to sick leave with full wages for
a total period of 14 (Fourteen) days in a year.
3. Festival Holidays Section-118: Every worker shall be allowed 11 (Eleven Days) festival
holidays with full wages in a year. Festival Holidays Annual Leave
4. Annual Leave Section-117: Every adult worker who has completed a period of one-year
continuous service in the establishment shall be allowed leave & it calculated at the rate
of 01 days for every 18 days of work.
5. Maternity Leave Section -45,46: Employers are liable to provide maternity benefits to
the employee who has completed at least 6 months of service with the employer by the
date of confinement. The working mothers in public and private sector are supposed to
get maternity leave for 6 months. No woman worker shall be entitled to such benefit if
she has, at the time of delivery, two or more children alive. Maternity welfare facilities

Safety
All the workers are accessible to receive first aid from the factory at the time of working hour
Prohibit or restrict employment of women, adolescents or children in hazardous operation;
Provide periodical medical examination of persons employed in dangerous condition.

Trade Union Roles and responsibilities

 "trade union" means any combination whether temporary or permanent, the principal
purposes of which are, under its constitution, the regulation of the relations between
workers and employers, or between workers and workers, or between employers and
employers whether such combination would or would not, if this Act had not been
enacted, have been deemed to have been an unlawful combination by reason of some
one or more of its purposes being in restraint of trade.
 TUs inspire every member of Union to abide by laws/rules on OHS and aware the
workers and officials about the law and rights with responsibilities; Participate,
cooperate and provide necessary support in bilateral and tripartite discussion and
activities on OHS; Expand full support to the activities of occupational health
surveillance in identifying work related diseases or OHS problems.
 Trade unions preserve the right to collective bargaining for any specific issues.
 Federation of trade unions will call general meetings specially convened the purpose,
by the vote of note less than majority of the total membership will be selected for
bargaining agent on behalf of all workers.
 Federation members will keep commitment with mutual trust, understanding and
cooperation between employer and the workers.
 Bargaining agents will influence and inspire other members for vocational training,
worker’s education and family welfare training.

Industrial Relations with Trade Union

 Workers have right to form a trade union within factory.
 Every worker has right to join in trade union. No workers shall be allowed for duel
membership of trade unions.
 Trade union must have constitution and shall be applied for registration of the concerned
area. In case of immoral activities or conviction or offensive involvement within the
factory trade union will be closed. After proper investigation and findings of the offence
factory owner will apply before Labor court for cancellation of the registration of trade
union.
 A group of trade union will compile a trade federation and will be registered showing the
receipt of expenditure, meeting proceedings, register book and other documents on behalf
of trade unions.

Child Labor in Bangladesh

Child labor is a working child under the age specified by law. In 2006, Bangladesh passed a
Labor Law setting the minimum legal age for employment as 14.
Child labor in Bangladesh is common, with 4.7 million or 12.6% of children aged 5 to 14 in the
work force. Out of the child laborers engaged in various sector, 83% are employed in rural areas
and 17% are employed in urban areas. Employment ranges from jobs in the informal sector such
as in agriculture and domestic service, to jobs in the formal sector, such as in the garment
industry.
Child labor in Chittagong, leaving after collecting recyclables from a landfill Agriculture deploys
70% of the world's child labor. Above, child worker on a rice farm in Bogra Child Labor in a
quarry Child labor in Bangladesh

Labor Law Amendments

Section 19: Compensation due to Death
Section 27: Resigned from the job due to absence
Section 28(a): Workers relations due to any disaster beyond control or damage
Section 62: Establishment the doors affording exit
Section 78: Personal safety equipment and offer trainings
Section 89: The establishment of a Health Care Center
Insertion of Section 90(a): Formation of the Safety Committee
Insertion of Section 94(a): Residential Facility for Physically Challenged Workers
Replacement of Section 99 of the Act No. 42 of 2006: Compulsory Group Insurance
Insertion of Section 140(a): Special Power of the Government
Amendment to Section 176 of the Act No. 42 of 2006: A trade union formation
Amendment to Section 178 of the Act No. 42 of 2006: Condition requiring the Director of
Labor
Insertion of Section 202: Labor Act permitting workers to appoint outside experts
Amendment to Section 215 of the Act No. 42 of 2006: “First Class Magistrate” shall be
replaced by the “First Class Judicial Magistrate or Metropolitan Magistrate”

Violation of Section 108, Section 34, Section 41, and Section 45, Section 89,
Section 92, and Section 93
Implied provisions: • No adult worker shall ordinary be required or allowed to work for more
than 8 hours in a day. • When a worker works for more than the prescribed hours in a day under
the code, he or she will be entitled to allowance at the rate of twice of his basic wages. Section
34: A certificate of fitness and a certificate of willingness to work will be mandatory in case of
employing child or adolescent • Section 41: No adolescent shall be allowed or required to work
more than 5 hours a day and 30 hours a week. • Section 45: Every employed woman will be
provided at least 8 weeks of maternity leave with payment but she has to submit the proof of
delivery. Section 89: An Almira and an aid box for every 150 workers should be available.
Section 92: A canteen has to be established where more than 100 workers are employed.
Section 93: A rest room should be available for every 50 workers and rest room for female
workers should be separated.
Violation of provision: • But the real scenario, especially in tannery industry, is working hour
there is about 9- 11 hours and all the hour is considered as a working hour. • Weekly hour of an
employee goes even much higher of this. • No casual leave or sick leave with payment is allowed
for employees. • But both of the section 34 and 41 is continuously violated as child labor is
considered as a cheap and easily controllable labor. • Many organizations recruit women
employee as a temporary worker or daily basis, so they are quite deprived of getting maternal
leave or maternity benefits. • Unfortunately, only the 2.35% of industries are availing this
benefits for blue color employees in Bangladesh.

Conclusion:
So from my point of view, the laws are quite ok to protect the labor rights but mechanisms are
very poor to protect labor rights. To protect the labor rights, the government should interpret the
laws to the general workers, monitor the activities of labor union, and monitor the private
industries’ policy and so on. As the country steps to the 21st century, it aims at accelerated
economic growth, human resource development and self-reliance. Central to all the efforts to
reach those targets will be poverty alleviation, rural development, involving women in all
national activities and creating a well-educated healthy nation to be able to face up to the
challenges of a fast moving technologically advanced global society. If all these have been done,
the labor rights must be protected one day.