Lecture 1

Development of Labour and

Industrial Law
 Industrial Law and Labor Law
• Industrial law : Law, Rules relating to industry
• It consists: * Labour, Safety, Appointment and
conditions of employment, secure peace in the
industrial arena, Mediate disputes etc.
• Relation between Capital and Labour
• Labor—the human work--has an "intrinsic
priority over capital
Labour Law
• Capital is a great good, for without it
work cannot be done. 
• Capital and labor complement each
other
• Work is an end; capital is a means; but
the final end is the person and his
transcendent destiny
Labour Law
• Regulating Social Power :
* To control the behavior of Others,
* The power to make policy
* To make rules and make decisions and to
ensure that those are obeyed.
Legal Rights and Restrictions of working People
Tripartite relationship between employee, employer
and union.
Substantive as well as Procedural law:
* rights, duties, procedure of dispute settlement.
Purpose of Labour Law
Industrial Growth
Mobilizing Wealth
 Equal distribution of power : To regulate, to support
and to restrain the power of management and power
of organized labour
Regulating power to command and the duty to obey
Harmonious Relationship
Protection of Worker’s Health, safety and Welfare
Relationship Individual
Worker
Subordinate to
Power of
Management

Co-Ordination:
Power of
Management
and Organized
Labour
Labour Rights
entitlements that relates specifically to the role of
being a worker
Right to work in a job freely chosen, right to fair
working conditions
 Right to just wage or protection of privacy;
 Right to be protected from arbitrary and unjustified
dismissal;
 Right to belong to and be represented by a trade
union;
 Right to strike.
ILO : The expert branch of UN about
Human Rights
Adoption of Labour Standards by ILO
The Declaration of Fundamental Principles
and Rights at Work, 1998
Four core rights: Freedom of association
and The right to collective bargaining,
The elimination of forced or compulsory
labour, the abolition of child labour and
The elimination of discrimination in
employment.
Foundation of Labour Law
Social Justice : Constitutional Commitment:
 It shall be a fundamental aim of the State to realise
through the democratic process a socialist society, free
from exploitation a society in which the rule of law,
fundamental human rights and freedom….
Justice cannot be achieved through a set of abstract
legal rights
Justice could be achieved through a consideration and
involvement of different social groups in the design
and application of law.
Constitution of Bangladesh
Article 34. (1) All forms of forced labour are prohibited
and any contravention of this provision shall be an
offence punishable in accordance with law.
Article 38. Every citizen shall have the right to form
associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality
or public order :
Constitution of Bangladesh
Prohibiting Discrimination :
Article 27. All citizens are equal before law and are
entitled to equal protection of law.
Article 28. (1) The State shall not discriminate against
any citizen on grounds only of religion, race, caste, sex
or place of birth.
 Article 29. (1) There shall be equality of opportunity
for all citizens in respect of employment or office in
the service of the Republic.