THE LABOUR LAWS OF BANGLADESH AND

INTERNATIONAL STANDARD:
A CRITICAL STUDY

SUPERVISED BY: MOHAMMED SHAHJALAL

SENIOR LECTURER,
DEPARTMENT OF LAW,
EAST WEST UNIVERSITY
 GROUP MEMBERS
• NAME: ID
• Bijaya sinha 2020-2-10-084
• Farjana Islam 2020-2-10-145
• Zahid Zakir Anoy 2020-1-10-384
• Sirajam Munira 2020-1-10-125
• Bekash Ghosh 2020-1-10-405
• Saida Kazi Sara 2020-1-10-024
• Samir Ahmed 2020-2-10-103
 INTRODUCTION

• What is labour law?

• Labor law is a broad field of law that regulates issues including employment, compensation,
working conditions, trade unions, and labor relations. The phrase encompasses both social
security and disability insurance in its broadest sense.
 INTRODUCTION

• Expectations in terms of labor rights or product quality are unlikely to be disregarded.

• The epidemic has significantly reduced economies in Europe and the Americas.

• The Bangladesh Labour Act, 2006, unifies and modifies the rules governing the employment of
labor, the interactions between employees and employers, the payment of salaries and benefits
for worker accidents, as well as other labor-related issues.
 CHAPTER-2
LABOUR LAW IN RESPECTIVE COUNTRIES
• Around the world, workers are given different rights. These range from the right to organize
protests and participate in trade unions, to working in safe conditions and overtime pay. This
chapter deals with the countries that have the best employment laws from the perspective of the
employee with top global rankings in terms of rights of workers, based on their labor traditions
and violation of labor rights.
 LABOUR LAWS OF INDIA

The Indian Constitution provides the basis for the laws regulating jobs in India. Labor regulations
are broadly focused on elements such as workplace relations, health and safety at work. The need
to devise labour laws emerged when workers were seeking fair working conditions. Employers
feared that trade unions could resolve industrial disputes and obtain unsolicited political powers,
writes Ravi Agrawal. It was created as an agency of the League of Nations following the Treaty of
Versailles, an indication of the end of World War I, he said. It concerns the study of free collective
bargaining, trade unionism and labor-management relations.
India's labour laws underwent a major update in the Industrial Disputes Act of 1947. Since then, an
additional 45 national laws expand or intersect with the 1948 act, and another 200 state laws
control the relationships between the worker and the company
 LABOUR LAWS OF PAKISTAN

According to the Constitution, Allah has all supreme power. The head of state serves as the
highest power and complies with the Sharia law. The Head of State has the right under Article
58 to dissolve the National Assembly. Majlis-e-Shore has two chamber upper house Senate,
the parliamentary power, and the national assembly of the lower house. Woman also has the
right to elect a member of the national assembly in accordance with the constitution. The
national assembly consists of 342 elected members and only women occupy 60 seats.2
Pakistan's justice system is sharia law. Article 175 states that the supreme authority in all legal
matters is related to the Pakistan Supreme Court. There is a high court in each district and in
each State Pakistan there are special courts and a federal court.
 CHAPTER 3

• Labor laws in Developed Countries

• 3.1 Australia
• 3.2 United Kingdoms
• 3.3 China
• 3.4 France
• 3.5 United States of America
 CHAPTER-4:
THE INTERNATIONAL LABOUR ORGANIZATION
( ILO):
•Background :
 The international labor Organization promotes social and economic justice by adopting
international labour standard.
 European Union Agency for Human Rights is based in the European nation of Switzerland.
 ILO is a major contributor to foreign labour policy.
 For most of the staff in the Asian Countries , this Strategy aims at establishing equal
opportunity and safeguard to employees.
 ACCESSION :

 The government of Bangladesh has made revisions to the 2006 Labor Act to make it more in
line with international labour standards.
 Bangladesh current labor law is the product of a compromise between the competing
interestes of employees and employers.

• Legislation protects a broad variety of core ILO requirements but is subject to restricted security
and poor partial complaince.
 BANGLADESHI COMPLIANCE:

 In Bangladesh , as in other developing countries the main legislation focuses on the profit of
employers and industrialists.
 The constitutional rights of employees in most sectors of the labor market are neglected by the
‘hire and shoot’ strategies adopted by employer’s .
 Poor implementation of national labor laws and ILO conventions also has the same effect as
legislative exclusive.
 Meaningful complaince of national labor laws and conformity with key international labor
standards can be a solution to removing bad working conditions at the workplace in
Bangladesh.
 CHAPTER 05
LABOUR LAWS OF BANGLADESH
Labour Code 2006
The rights of apprentice workers were proclaimed by this law. a temp worker who is untrained and
uncommitted over the long run. These matters are governed by legislation.
• If the employment is terminated, the employers are required to provide a one-month notice period in addition
to bonus money, similar gratuitous service, or a full year of free service.
• Child labor is prohibited even in non-hazardous regular work in an establishment.
• Appointment of adolescent and female workers is prohibited during the nights and in dangerous occupations
• 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 safety at the enterprise level
Compliances under Labor Act 2006
• For most employees, a letter of appointment is a fiction. Many garment workers still lack an
appointment letter, even though it is now required by law for companies to give employees one.
• Only 13.2% of garment workers acknowledged taking daily breaks. 49.5% of respondents in the
construction sector claimed that this right had little practical applications.
• In the construction industry, there is discrimination against women in terms of pay, benefits, and
other areas.
• 18.4% of workers in the garment industry and 29% of workers in manufacturing reported having an
occupational disorder.
 BANGLADESH’S LABOUR LAW IN THE TIME
OF THE COVID-19 PANDEMIC
The government of Bangladesh was extended national holiday to May 5, 2020, in response to the
ongoing Covid-19 outbreak. All public and private offices were closed at that time, following
instructions from the authorities.
Except for hospitals, pharmacies, and kitchen stores, there were no businesses open during this time,
and transportation options were severely restricted.
Only businesses involved in providing emergency supplies, such as those in the food, pharmaceutical,
and technology sectors, are free from the restrictions imposed by what was a "lockdown."
The Covid-19 global crisis was persisted for some time, although not as a problem for people's health,
as a cause of a recession
 CHAPTER 6
FLAWS OF LABOUR LAWS IN BANGLADESH
Background
The new amendment to the Bangladesh Labour Act has been instituted in January 2019. The most noteworthy
feature of the new legislation is that new mothers are being promised financial benefits.
Under the termination simplicity clause, the firing of workers is extremely simple where the employer is not
necessary to offer any justification to fire a worker and the worker has little chance of self-defense. In this
respect, the notice period for temporary employees is also very short. In cases of extreme wrongdoing,
without advance warning, the statute permits summary termination. This denies the employee not only
benefits but above all the right to a legal proceeding or the right to be heard. The BLL forbids employers
from hiring women employees between 22 p.m. At 6 a.m., and yet this law relaxes by encouraging the same
women staff to work if they agree. The criterion of family size was not included in calculating the minimum.
 ENFORCEMENT

Under the BLL, penalty for violations of labor law is not laid down. In certain cases, the statute is
strictly silent, as in the case of prohibition on forced labor. In other situations, the punishment, for
example Tk, is inadequate or insufficient. 5000 fine for breach of maternity leave, child and
adolescent workers' jobs and minimum wage provisions. Still in others the use of fines defies the
rationale, for example, of being jailed for violation of the minimum wage requirements for up to a
year, but not in breach of the laws on child-and adolescent-workers' maternity and jobs.
 RECOMMENDATIONS

"The fundamental obligation of the state to emancipate the workers - farmers and employees - and
the people from all types of exploitation should be reverse sections of the population." Economic
reforms clearly play an important role if Bangladesh is to embark on the process of balanced, full
employment and inclusive growth. Institutional improvements must also be made to ensure that
progress is sustained in a stable democracy.
The employees and union representatives should recognize the labor tribunals which conduct non-
technically their trials or hearings. — The Labor Ministry should explain how structured and non-
organized workers would be rehabilitated in different forums
CONCLUSION