LABOUR LAW

OF
BANGLADES
H

LECTURE 02
CONCEPT AND CLASSIFICATION
© Md Khalid Rahman OF WORKER
 1 2
Lesson 1. Lesson 2.
Worker: Definition Classification of workers

LECTURE CONTENTS

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 2

 WORKER: DEFINITION

The definitions of a worker have been provided at least in three places in the Bangladesh
Labour Act 2006; those are Section 2(65), Section 175, and Schedule IV (in reference to
Section 150).
According to section 2(65) of the Bangladesh Labour Act, 2006-
“worker” means any person including an apprentice employed in any establishment or
industry, either directly or through a contractor, [by whatever name he is called,] to do any
skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward,
whether the terms of employment are expressed or implied, but does not include a person
employed mainly in a managerial, administrative [or supervisory] capacity;

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 3

 WORKER: DEFINITION

 Section 2(65) of the Bangladesh Labour Act provides the general definition of a worker
which is related to his/her general conditions employment and service.
 According to this Section, following are major ingredients to be fall under the definition
of a worker: (i) Any person including an Apprentice, (ii) Conditions of employment
which can be expressed or implied, (ii) employment to an establishment or to an industry
directly or through a contractor, (iv) Employed for wage or for money for providing any
skilled, unskilled, physical, technical, trade promotional or clerical service.
 However, those who are mainly responsible for administrative, supervisory or
managerial capacity is not to be considered as a worker, as the Section reads.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 4

 WORKER: DEFINITION

 However, the Act does not provide any definition of the said
administrative, supervisory or managerial capacity. Although, the
Bangladesh Labour Rules, 2015 has incorporated definitions of a
Supervisory Officer [Rule 2 (g)] and Person Responsible for Administrative
or Managerial Activities [Rule 2 (j)].

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 5

 WORKER: DEFINITION

 Supervisory Officer: ‘Supervising Officer’ means such person authorized by the

owner or the managing authority in writing who determines the target of any work
and service, controls the extent of the work, the implementation activities, assesses
or reviews the work, gives direction or supervises the work of any section of the
factory or firm by dint of powers given to him.
 Person Responsible for Administrative or Managerial Activities: ‘Any person
bestowed the responsibility of administrative or managerial work’ means person
authorized by the owner or the managing authority in writing who appoints
workers or employees, determines the salaries and allowances, terminates the
services or removes from the services, pays off the final dues and approves or
controls the expenditures of the firm.
MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 6
 WORKER: DEFINITION

 However, the Labour Appellate Tribunal in a recent judgment has declared

those definitions as to be "void". According to the Tribunal, which is not
prescribed in the Act, can't be created through the enactment of the
Rules (Ref: Appeal No. 43/2015; Judgment on 30 June 2016).

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 7

 WORKER: DEFINITION

 The definition of workers which are provided through Section 175 is mainly
for the purpose of the Chapter XIII of the BLA. This Chapter deals with
Trade Union and Industrial Relations. The definition of a worker under this
Section incorporates the definitions in Section 2(65). In addition to that, a
worker (for the purpose proceedings under Chapter XIII in relation to
industrial disputes) shall also include a person who has been dismissed,
discharged, retrenched, laid-off or removed from employment in connection
with or as a consequence of related dispute.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 8

 WORKER: DEFINITION

 The Schedule IV in reference to Section 150 of the Bangladesh Labour

Act has brought wider definitions of a worker; however, that is for the
purpose of compensation for work-related injuries.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 9

 WORKER: DEFINITION

 Other than Bangladesh Labour Act 2006, there are different provisions on
the definition of worker in our country.
 According to section 2(48) of Bangladesh EPZ Labour Act 2019 –
 ‘শ্রমিক’’ অর্থ মালিকের সংজ্ঞায় পড়ে না প্রাপ্ত বয়স্ক এমন যে কোনো ব্যক্তি (শিক্ষানবিশ হিসাবে নিযুক্ত ব্যক্তিসহ) তাহার চাকরির
শর্তাবলি প্রকাশ্য বা উহ্য যেভাবেই থাকু ক না কেন, যিনি, মজুরি বা পারিতোষিকের ভিত্তিতে কোনো জোনের কোনো শিল্প প্রতিষ্ঠানে কোনো
দক্ষ, অদক্ষ, কায়িক, কারিগরি অথবা করণিক কার্য করিবার জন্য, সরাসরিভাবে বা যেভাবেই হউক না কেন, নিযুক্ত হইয়াছেন এইরূপ সকল
শ্রেণির শ্রমিক; কিন্তু কোনো শিল্প প্রতিষ্ঠানের প্রধান নির্বাহী কর্মকর্তা, নির্বাহী অথবা প্রশাসনিক দায়িত্বে নিয়োজিত ব্যক্তি অথবা উহার তত্ত্বাবধান
ও নিয়ন্ত্রণের জন্য মালিকের নিকট দায়ী অন্য কোনো ব্যক্তি ইহার অন্তর্ভু ক্ত হইবে না; (there is still no official English translation of
this Act).

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 10

 WORKER: DEFINITION

 Now going back to the definition of a worker as provided in Section 2(65) of the
Labour Act is considered to be a narrower one. The independent Committee of
Experts on the Applications of Conventions and Recommendations (CEACR) of
the International Labour Organization (ILO) and trade union movements in
Bangladesh have repeatedly recommended for widening up the scope of this
definition.
 The decisions and rulings from the higher judiciary which from the case laws
have already widened the definition of a worker. Both the Honourable High
Court Division and Appellate Division of the Supreme Court of Bangladesh have
enormously contributed to the same through series of judgements and rulings.
MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 11
 WORKER: DEFINITION: CASE LAWS

 Following are highlights from those decisions in regard to the definition of a worker:

 A person who on being employed does any skilled, unskilled, manual, technical, trade
promotional or clerical work for hire or reward, whether the term of employment is
expressed or implied.
[Managing Director, Rupali Bank Limited vs. Md. Nazrul Islam Patwary and others.
(1996) 48 DLR (AD) 62].

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 12

 WORKER: DEFINITION: CASE LAWS

 What is important in determining whether a person is a "worker" or not is to

see the main nature of the job done by him/her and not so much his/her
designation.

[Mujibur Rahman Sarker vs. Labour Court, Khulna (1981) 31 DLR 301].

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 13

 WORKER: DEFINITION: CASE LAWS

 The mere designation is not sufficient to indicate whether a person is a

worker or an employer, but it is nature of work showing the extent of
authority, which determines whether he/she is a worker or an employer. A
person does not cease to be working only because he/she is employed in a
Supervisory capacity. To be able to say that he/she is not a worker it has to
be established that he/she exercises functions mainly of a managerial or
administrative nature
[Dosta Text. Mills vs. SudhansuBikash Nath (1988) 40 DLR (AD) 45].

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 14

 WORKER: DEFINITION: CASE LAWS

“Mere designation is not sufficient to indicate whether a person is a worker or an

employer, but it the nature of work showing the extent of his authority which
determines whether he is worker or employer.”
M/s. Pioneer Garments Ltd. Vs. Md. Abul Kalam Azad (2000), 20 BLD(AD) 62

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 15

 WORKER: DEFINITION: CASE LAWS

“The respondent was working as Chief Inspector of a Company and his nature of
work was to collect demands from different organizations and establishments and
supply the guards. It was held that the respondent was a worker considering his
nature of work.”
Gen. Manager, Shield Ltd. Vs. First Labour Court, Dhaka and another (1997), 2
BLC 366

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 16

 WORKER: DEFINITION: CASE LAWS

“A worker when on very solitary occasions doing the function of a manager or an

administrative officer does not cease to be a worker. If a person who is mainly
employed in a managerial or administrative capacity exercises functions mainly of
managerial or administrative nature, then and then only a worker shall be taken
out of the purview of the definition of worker.”
Indo Pakistan Corporation Ltd. Vs. First Labour Court of East Pakistan, 21 DLR
285

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 17

 WORKER: DEFINITION: CASE LAWS

At the same time, elements of employment are to include: (i) Employer, (ii)
Employee, and (iii) Contract of employment. Here meaning of employer is-
who engages the service of another person, and employee is who works for
another for hire; and the employment is the contract of service between the
employer and the employee whereunder the employee agrees to serve the
employer subject to his/her control and supervision.
[Chintaman Rao vs. State of M. P., 1958 SCR 1340 = AIR 1958 SC 388].

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 18

 WORKER: DEFINITION

Therefore, facts and circumstances of each of the individual case

are to be considered to determine who is a worker and who is
not. For an understanding and realization of related rights and
obligations of a worker, a sound understanding of the context and
politics surrounding definition of a worker are of significant
importance.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 19

 LEGAL PROVISIONS FOR NON-WORKERS

Section 3 (1): Conditions of service.

 (1) In every establishment employment of workers and other matters incidental thereto
shall be regulated in accordance with the provisions of this Chapter:
 Provided that any establishment may have its own service rules regulating employment
of workers, but no such rules shall be less favourable to any worker than the provisions
of this Chapter
 [Provided further that the establishments to which this Act does not apply shall not
make any policy, rule or house policy providing benefits less than the benefits
provided in this Act.]

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 20

 CLASSIFICATION OF WORKERS

Section 4 of the Bangladesh Labour Act 2006 classifies the workers according to the nature
and condition of work as-
 (a) apprentice;
 (b) substitute;
 (c) casual;
 (d) temporary;
 (e) probationer;
 (f) permanent; and
 (g) seasonal worker.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 21

 CLASSIFICATION OF WORKERS

Section 4 of the Bangladesh Labour Act 2006 classifies the workers according to the nature
and condition of work as-
 (a) apprentice;
 (b) substitute;
 (c) casual;
 (d) temporary;
 (e) probationer;
 (f) permanent; and
 (g) seasonal worker.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 22

 CLASSIFICATION OF WORKERS

Apprentice:
 Employed as a trainee
 Paid allowance during training period

substitute:
 Employed in the post of permanent or probationer worker during the period of temporary absent of
permanent or probationer worker.
Casual worker:
 Employed on ad-hoc basis
 Employment is of casual nature.
 The word “casual” means not regular; occasional.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 23

 CLASSIFICATION OF WORKERS

Temporary worker:
 Employed for work which is essentially temporary nature and is likely to be finished
within a limited period.
 Temporary worker can be appointed when the nature of work is temporary NOT
permanent nature.
Managing Director, Rupali Bank Ltd. Vs. First Labour Court and others, (1994) 46 DLR,
143

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 24

 CLASSIFICATION OF WORKERS

Probationer worker:

 Provisionally employed to fill a permanent vacancy in a post and has not

completed the period of probation.

 Probation period is 6 months in case of clerical work and 3 months in case

of other works. The period may be extended upto 3 months in case of
skilled work. S. 4(8)

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 25

 CLASSIFICATION OF WORKERS

Permanent worker:

 Employed on a permanent basis; or

 Satisfactorily completed probation period.
After successful completion of the probation period, the worker will be
automatically treated as permanent worker by operation of law.
Meghna Petroleum Ltd. Vs. Chairman, 1st Labour
Court, Chittagong and another (2005) 10 BLC (AD), 114

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 26

 CLASSIFICATION OF WORKERS

Seasonal Worker:
 employed in an establishment for seasonal works
 joined any work season and remain in employment up to the
end of that season.

MD KHALID RAHMAN, ASSISTANT PROFESSOR OF LAW, AIUB. EMAIL: khalid.rahman@aiub.edu 27

 © Md Khalid Rahman

Prepared by-

THANK YOU!
Md Khalid Rahman
Assistant professor
Department of law
American international university-Bangladesh
Email: khalid.rahman@aiub.edu

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