Assignment 2

Course Code: BUS361

Submitted to

Mohammad Shahjalal

Senior Lecturer

Department of Law, East West University

Submitted by

Abid Hasan Redoy

ID: 2021-2-10-366

Department of Business Administration

Word count: 3179 (Excluding Footnote and Bibliography)

1|Page
 Approval

The study titled on “The Legal Structure of Labour Laws is very well complied with the

International Labour Organisation” has been submitted by Abid Hasan Redoy (Id: 2021-2-10-

366) from the department of Business Administration of East West University for attaining the

requirements of the course BUS361 (Legal Environment of Business).

Supervised by:

Mohammed Shahjalal

Senior Lecturer,

Department Of Law,

East West University

Declaration

I affirm that this study has been completely written by me after researching different materials

relevant to the study. I have completed this study for the course BUS361 (Legal Environment of

Business). This study only contains the information and thesis that I found from the provided

academic material and also from various articles and journals, and I have included that

information in the reference below.

Abid Hasan Redoy

ID: 2021-2-10-366

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 Acknowledgement

I extend my heartfelt gratitude to Mr. Mohammed Shahjalal, our supervisor, for giving us the

opportunity to complete and present this study, “The Legal Structure of Labour Laws and Their

Commendable Compliance with the International Labour Organization." Without his support and

valuable insights regarding this topic, it was impossible to complete this study in time. I'd like to

express my gratitude for all of your assistance.

Additionally, we would like to express our appreciation for the support of friends and classmates

who have shared insights and different thoughts regarding the study. I have gone through the

provided academic materials, reports, and articles, which have significantly enhanced our

understanding of the topic and helped me to put together in this paper.

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 Literature Review:

This paper focuses on a variety of materials such as authorized public records, ILO reports,

academic studies on Bangladeshi labor legislation, and articles emphasizing specific issues and

prevails. The ILO evaluates Bangladesh's compliance with international labor standards. This

varied collection of sources provides a full overview of the strengths and limitations of

Bangladesh's labor legal framework and informs recommendations for change.1

Overall, the research provides an informative overview of the Bangladeshi labor law system,

highlighting its accomplishments and proposing areas for future development, Bangladesh may

continue its journey toward a fair and equitable labor environment for all workers by fixing the

identified shortcomings and following the offered recommendations.2

1
ILO in Bangladesh” International Labour Organization https://www.ilo.org/dhaka/lang--in/index.htm
2
Refayet Ullah Mirdha “Labour Issues: Govt, businesses play down prospects of US trade penalties”(2023) The Daily
Star https://www.thedailystar.net/business/news/labour-issues-govt-businesses-play-down-prospects-us-trade-
penalties-3482181 accessed Nov 30, 2023

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Contents
Abstract.......................................................................................................................................................5
Background:................................................................................................................................................5
Basics of ILO:...............................................................................................................................................7
An overview of Bangladesh’s Labor Law:...................................................................................................7
Specific Features of the BLL:.......................................................................................................................9
Workplace relations and social interaction:.............................................................................................10
Agree or disagree with statement:...........................................................................................................10
Inefficient, outdated, and biased laws hinder workers' rights and protections:.....................................11
Recommendation for Changes:................................................................................................................12
Workplace compliance with international labor organization standards:...............................................13
Recent efforts by Government:................................................................................................................13
Conclusion:................................................................................................................................................14
Reference:.................................................................................................................................................14

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 A Comprehensive Analysis of “the Legal Structure of Labour Laws is very

well complied with the International Labour Organisation”

Chapter 1: Introduction

Abstract

In this assignment, we examine how well countries' labor laws align with international labor

standards set by the International Labor Organization (ILO). We look at how national laws match

up with ILO principles and recommendations, covering topics like employment contracts,

working conditions, and employee rights. We analyze relevant legal frameworks to see how

closely they follow ILO agreements. We also evaluate how well national laws protect workers'

rights and how effective their enforcement and monitoring procedures are. By doing this, we can

better understand how well national labor laws support the ILO's core values and identify areas

for improvement to promote fair and humane working conditions. This is important for

politicians, legal experts, and advocates for workers' rights.

Chapter 2: History of labour law

2.1 Background: The focus of labor law is on the rights of employers, employees, and labor

organizations. Before Bangladesh, this began with the British Raj and the United Pakistan

postcolonial period. When the circumstances called for it, numerous labor laws have been

enacted. As a result, following a planned and ongoing labor policy is extremely challenging.

However, the majority of labor standard clause laws were enacted during the British colonial

period (1757–47). Between 1947 and 1971, Pakistan only enacted a few laws. Some laws were

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enacted and some established norms were updated after Bangladesh gained independence in

1971.3

The labor law system in Bangladesh dates back more than a century. India's first labor laws were

developed during the British era. With the support of a variety of labor issues, including housing,

child labor, maternity care, wages, and trade unions, the British Government enacted a slew of

laws. The Factories Act of 1881, the Workers' Compensation Act of 1923, the Workers' Unions

Act of 1926, the Labor Disputes Act of 1929, the Redistribution of Wages Act of 1936, the

Maternity Benefits Act of 1939, and the Children's Jobs Act of 1939 are all statutes that have

been passed in the United Kingdom. The Indian Subcontinent Division of 1947 was good for

administrative policies, laws, and rules because it made them better and changed them. The

Bangladeshi government continues to uphold the law as it was in the past. However, additional

laws have been enacted in response to the changing circumstances and requirements of the

working class and the world. The Bangladesh Labor Law (BLL) was updated in 2006.

Bangladesh has stable and gradual labor laws. The Act brings the 25 Acts up to date and unifies

them. The precise substance can be determined immediately using the Act's provisions regarding

facilities and jobs, youth employment, maternal benefits, hygiene and fitness, safety, health, and

working hours, wages and salaries, compensation for injured employees, trade unions and labor

relations, lawsuits, labor courts, and employer income participation. The BLL, which is also

3
Labour law background chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ilo.org/dyn/
travail/docs/352/A%20Handbook%20on%20the%20Bangladesh%20Labour%20Act%202006.pdf

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called an overhaul, brings the employment law system into line with the most important ILO

conventions and clears up any ambiguity in previous labor laws. The meaning of "work" is now

very clear, removing any ambiguity.

2.2 Basics of ILO: The ILO creates some criteria to maintain standards labour law for things

like how many hours people should work, how much they should be paid, and how to protect

workers from harm. These criteria are like guidelines for countries they must be follow.4

ILO standards cover following key issues:

 Working hours: Making sure people don't get overworked and have time for rest and

leisure.

 Unemployment: Helping people find jobs and supporting those who are out of work.

 Maternity protection: Ensuring mothers have time and resources to care for their

newborns.

After the independence of Bangladesh, it joined the International Labor Organization in 1972.It

was a big initiative for labour of Bangladesh. Either they work with a big organization or small.

Bangladesh ratified 33 of its conventions, including key ones like freedom of association and

workplace safety. The Bangladeshi government updated the labor law twice to keep up with the

time, first updated in 2006 and then in 2013, the main reason for this update is so that the owners

can’t do irregularities with the laborers.

Chapter 3: Summing up Bangladesh labour law

4
ILO https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/working-time/
lang--en/index.htm
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3.1 An overview of Bangladesh’s Labor Law: The labor law system in Bangladesh has been in

place for more than 100 years. The first labor law was enacted on the Indian subcontinent in

1881 during the British era. Following that, a number of labor-related laws were enacted by the

British government, such as working hours, employing children, maternity benefits, trade union

activities, wages, and so forth. The Factories Act (1881), the Workmen's Compensation Act

(1923), the Trade Unions Act (1926), the Trade Disputes Act (1929), the Payment of Wages Act

(1936), the Maternity Benefit Act (1939), and the Employment of Children Act were notable

British labor laws. After the Indian subcontinent was divided in 1947, the Pakistani government

kept almost all of the laws in place before the partition, with a few changes and amendments to

administrative rules. By means of the Bangladesh Laws Order (Presidential Order No. 1), the

Bangladesh government kept up with the past regulations after autonomy in 1971. 48). 5 It also

enacted additional laws in response to the changing circumstances and demands of the working

class and the nation. In 2006, the country passed the amended Bangladesh Labor Law, or BLL.

The BLL is fairly comprehensive and innovative. The law is updated to incorporate the 25

separate acts. The law covers conditions of service and employment, youth employment,

maternity benefit, health and hygiene, safety, welfare, working hours and leave, wages and

payment, workers' participation in company profits, workers' compensation for injury, disputes,

labor court, regulation of dock workers' employment and safety, provident funds, apprenticeship,

penalty and procedure, administration, inspection, etc. 6 Due to the BLL's alignment of the labor

law system with the ILO's core conventions and the elimination of certain ambiguities in the

previous, diverse labor acts, it is also regarded as a step forward. Because there was no longer

5
BLL overview https://mahbub-law.com/workers-and-their-basic-rights-in-bangladesh-an-overview/
6
Critical review on labour law
https://www.academia.edu/40160084/A_Critical_Review_on_Labour_Law_of_Bangladesh
9|Page
any ambiguity, the definition of "worker" is now very clear. Another example: the definition of

"wages" that excludes expenses for housing facilities like lighting and water supply, employer

contributions to the provident fund, travel allowances, and other sums paid to workers to cover

their job-related expenses. Additionally, the BLL represents a step forward due to its wider

coverage. For instance, employees of nursing homes, hospitals, and even non-governmental

organizations are now subject to the law. In addition, a number of social and welfare benefits

have been improved or implemented. These benefits include the death benefit, which provides

financial assistance to a worker's family; the application of the provident fund benefit to all

private sector workers; the expansion of the maternity benefit from 12 to 16 weeks; the adoption

of group insurance for businesses with 200 or more employees; and increased compensation for

injuries, disabilities, and deaths caused by work. In terms of the ILO's core conventions,

Bangladesh has ratified the following International Labor Conventions (ILCs):7

ILC 138, the Minimum Age Convention, is the only core convention that Bangladesh has not

ratified. Other international labor conventions include ILC 87 (Freedom of Association and

Protection of the Right to Organize), ILC 98 (Right to Organize and Collective Bargaining), ILC

100 (Equal Remuneration), ILC 105 (Abolition of Forced Labor), 8ILC 111 (Discrimination in

Employment and Occupation), and ILC 182 (Elimination The BLA, on the other hand, stipulates

that the minimum age to work is 14, despite the fact that a special clause states that children

between the ages of 12 and 14 may be employed for "light work" that does not endanger their

health, development, or education.9

7
ILC benefit https://www.ilo.org/dyn/normlex/en/f?
p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:REV,en,C183,/Document
8
Journal of Ismat jarin chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.freit.org/
WorkingPapers/Papers/Development/FREIT963.pdf
9
Woman law act https://www.lawyersnjurists.com/article/women-rights-under-labour-act-2006/
10 | P a g e
3.2 Specific Features of the BLL: The following are the BLL's most crucial provisions:

Occupational regulations: Labor, also known as an employee, is any individual who is employed

directly or through a contractor or agency for any skilled, unskilled, physical, technical, business

development, or clerical job in any establishment or industry. Trainees and probationers are

included in this definition.10

There are five types of employees:

 A scholar: An apprentice is a worker who works for a company as a trainee and gets paid

an allowance while he learns the job.

 Badli: a worker employed by a business when a probationer or permanent employee is

temporarily absent.

 It's informal: a temporary worker hired by the company.

 Uncertain: a person who works as a temporary employee for a business for work that is

mostly temporary and likely to be completed quickly.

 Supervisor of Probation: A worker who has not completed his probationary period and

is

employed temporarily in any establishment to fill a permanent vacancy a person hired by

a company to fill a permanent position or to successfully complete a probationary period.

3.3 Workplace relations and social interaction: Every worker employed by any company has

the right to form a union of their choice and join it. It is permissible for trade unions to select

their own representatives and develop their own constitution and rules. Additionally, trade unions

and federations are permitted to join any international organization or confederation of trade

10
Specific law https://lawhelpbd.com/business/status-of-worker-and-applicability-of-bangladesh-labour-act-2006/
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unions and to act as a collective bargaining agent in any establishment. Negotiation, followed by

conciliation and arbitration if negotiation fails, can be utilized to resolve industrial disputes. The

collective bargaining agent is allowed to file a notice of strike (or lockout, in the case of the

employer) with a 15-day cooling-off period. Employers are unable to hire new employees during

a strike.11

Chapter 4: Statement Justify

4.1 Agree or disagree with statement: I don't think our labor laws follow all the rules set

by the International Labour Organization (ILO). I see some problems and inconsistencies that

need to be fixed. This analysis will look at some specific issues, like missing ILO regulations,

unequal treatment of workers, difficulties in talking to different groups, resistance to following

ILO recommendations, challenges in enforcing the law, a lack of cooperation between countries,

and differences in how laws are applied in different situations. By talking about these issues, I

want to show that our labor laws might not always match up with what the ILO recommends

4.2 Inefficient, outdated, and biased laws hinder workers' rights and protections: The

welfare of workers was clarified in the Bangladesh Labor Act of 2006. 12 However, not

everything is actually adhered to. These workers may not be compensated at all at times.

Bangladeshi laborers denied them many of their rights. Some of them are ignored by the

employee. Here is a brief synopsis of some of them:

11
ILL organization https://www.ilo.org/static/english/dialogue/ifpdial/llg/noframes/ch2.htm
12
BLL act 2006
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1.An appointment letter: a fact for the majority of workers. Many garment workers do not have

access to appointment letters, despite the fact that the law requires employers to provide them to

employees. An appointment letter was not sent to any of the construction workers.

2.Contract in writing: Contracts that are not written usually take precedence over oral contracts.

In addition, employers do not issue identity cards to 30.2% of employees.

3.Employees being let go without warning: In the apparel industry, more than one quarter

(26.4%) of respondents agreed that employers never give employees advance notice when firing

them. The construction industry is pretty much the same everywhere.

4.Over time, rules were rarely followed: The clothing company's employees all stated that they

work more than eight hours per day. They may work 13 to 14 hours per day at times. Even five

additional hours of daily overtime were put in by some employees.

5.A lack of employee involvement in the benefit of the company: There are no rules about

how garment workers can participate in the benefits offered by the company.

6.Rest periods: irregular. Despite the fact that only 13.2 percent of worker at the clothing

company admit to doing so, the majority of them abuse their right to rest in a highly irregular

manner. According to 49.5% of respondents, this right is restricted in practice in the construction

sector.

7.Discrimination against women occurred in the following areas: Gender does not factor into

wages for female garment workers. On the other hand, they face discrimination when it comes to

job placement, advancement, and promotion. Female workers are subjected to discrimination in

the construction industry in terms of wages, benefits, and other aspects.13

13
LCLS https://lcls-south.com/rmg-workers-in-bangladeshviolation-of-the-rights-or-overlooking-the-law/
13 | P a g e
4.3 Recommendation for Changes:

‘’The Bangladeshi Constitution states in Article 14 14: The state ought to have a primary

responsibility for protecting he laboring masses—the peasants, workers, and economically

disadvantaged segments of the population—from all forms of exploitation.’’

 The termination simpliciter ought to be eliminated and in its place ought to be the

condition that serious misconduct can only be the basis for a worker's dismissal after the

worker has been granted due process, also known as the right to be informed, heard, and

to determine the truth through an objective and fair process. This condition ought to be in

place of the termination simpliciter.

 The principle of due process should be applied in all suspension and termination cases.

 A list of progressive (light to heavy) penalties should be imposed on employers who

break a number of labor laws or rights.

4.4 Workplace compliance with international labor organization standards:

The government of Bangladesh has made rules and laws to protect workers from job-related

health problems. These rules apply to all types of jobs, both formal and informal ones. The

government has also created an organization to make sure these rules are followed. However,

despite these efforts, many people still face health risks at work. Bangladesh has also agreed to

14
Article 14 Bangladesh labour law
14 | P a g e
follow international guidelines for worker safety, but it can be hard to follow these rules in

practice.15 Tremendous step has been taken by government such as:

 Laws protect workers from discrimination based on gender, race, religion, &

disability

 Constitution guarantees protection against discrimination

 Gender-based discrimination persists despite efforts to address it

 Government takes steps towards sex equality & raises awareness

 Law enforcement agencies investigate & charge offenders

 Improved enforcement & coordination needed to meet international standards

Chapter 5: Steps of Government

5.1 Recent efforts by Government: The government of Bangladesh has created a system

to check on factories and other workplaces to make sure they follow labor laws and rules. But

sometimes these checks don't happen as often or as well as they should, which means workers

might not be as safe or healthy as they could be. Bangladesh agreed to follow international

guidelines for labor inspections that say how inspectors should do their jobs. The government

needs to work closer with an organization called the International Labour Organization (ILO) to

make sure its inspection system works better for workers.

Conclusion: To conclude, a detailed analysis of the legal landscape for corporations reveals

that there is a significant gap between the laws and regulations governing labor and the

International Labor Organization (ILO)'s standards. This disparity arises from various factors,
15
Bangladesh labour standards https://cri.org.bd/2022/05/01/all-you-need-to-know-about-bangladeshs-labour-
standards/
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including differences in legal frameworks across industries and regions, inadequate protections

for workers, and challenges in implementing and enforcing ILO recommendations. To address

these issues, it is essential to conduct a comprehensive review of the existing legal system to

ensure that it aligns with the ILO's universal standards. This will require a more flexible and

employee-centric legal framework that can adapt to the rapidly changing global economy and

prioritize worker welfare. By doing so, businesses can operate more effectively and responsibly

in today's complex legal landscape.

Bibliography:

Websites & Acts:

o ILO in Bangladesh” International Labour Organization https://www.ilo.org/dhaka/lang--in/index.htm

o Refayet Ullah Mirdha “Labour Issues: Govt, businesses play down prospects of US trade penalties”(2023)

The Daily Star https://www.thedailystar.net/business/news/labour-issues-govt-businesses-play-down-

prospects-us-trade-penalties-3482181 accessed Nov 30, 2023

o Labour law background chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ilo.org/

dyn/travail/docs/352/A%20Handbook%20on%20the%20Bangladesh%20Labour%20Act%202006.pdf

o ILO https://www.ilo.org/global/standards/subjects-covered-by-international-labour-

standards/working-time/lang--en/index.htm

o BLL overview https://mahbub-law.com/workers-and-their-basic-rights-in-bangladesh-an-

overview/

o Critical review on labour law

https://www.academia.edu/40160084/A_Critical_Review_on_Labour_Law_of_Bangladesh

16 | P a g e
 o ILC benefit https://www.ilo.org/dyn/normlex/en/f?

p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:REV,en,C183,/

Document

 “Ministry of Labour and Employment” Chapter-12 Ministry of Labour and Employment

https://mof.portal.gov.bd/sites/default/files/files/mof.portal.gov.bd/budget_mof/
761b26ea_30ab_4d4f_8ef9
o _86440f2754d6/G-2_02_131_Labour_English.pdf
 Imtiaz Ahmed Sajal, Md. Sabbir Hossain, “Strengthening labour adjudication”
(2017) The Daily Star
https://www.thedailystar.net/law-our-rights/law-watch/strengthening-labour-
adjudication-1395814 accessed 25 Apr, 2017
 “International Labour Standards” The University of Melbourne (2014)
https://unimelb.libguides.com/c.php?g=948167&p=6871091#:~:text=International
%20labour%20standards
o %20are%20a,form%20the%20international%20labor%20standards

Journal of Ismat jarin chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.freit.org/

WorkingPapers/Papers/Development/FREIT963.pdf
Woman law act https://www.lawyersnjurists.com/article/women-rights-under-labour-act-2006/
o Specific law https://lawhelpbd.com/business/status-of-worker-and-applicability-of-bangladesh-

labour-act-2006/

o ILL organization https://www.ilo.org/static/english/dialogue/ifpdial/llg/noframes/ch2.htm

o BLL act 2006

LCLS https://lcls-south.com/rmg-workers-in-bangladeshviolation-of-the-rights-or-overlooking-the-law/
o Article 14 Bangladesh labour law

o Bangladesh labour standards https://cri.org.bd/2022/05/01/all-you-need-to-know-about-

bangladeshs-labour-standards/

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