Bangladesh labor Act 2006

Questionnaire
Regarding Factory Visit

Questionnaire on

Factory Visit: Bangladesh Labor Act 2006

SUBMITTED TO

MOHAMMAD OMAR FARUQ

Course Instructor Business and labor laws Course Code: 2103 Department of AIS Faculty of Business Studies Jagannath University

Date of Submission: 09

june , 2012

Submitted By

Group Dynamite

Name: Farzana Boby Roll: 114426 Name: Syeda Sanjida Jahan Roll: 114432

Name: Mrinal Kanti Das Roll: 114452

Name: Md. Hasib chowdhury Roll: 114514

Name: Md. Ibrahim Roll: 114584 Name: Murchana Mankhin Roll: 104622

Questionnaire
1. Do workers have any identity card and service book? (sec-5&6) Yes No 2. To obtain leave of absence, do workers issue application to the employer? (sec-10) Yes No 3. Do workers get wages for stoppage of work?(sec-12) Yes No 4. What is the procedure of getting wages for one day stoppage of work or for more than one working day or more than three working days?(sec-12) According to law Answer of worker

5. Do employers count the days as wage period during which workers had been laid off or sick or workers were in legal strike or in case of female workers, do employers count the days on which she had been on maternity leave?(sec-14) Yes No 6. Do workers get compensation for laid off days if workers work not less than one year and workers are muster roll included?(sec-16) Yes No

7. What is procedure of getting compensation for laid off days?(sec-16) Answer of worker According to law

8. When are workers not entitled to compensation for laid off? (sec-18) According to law Answer of worker

9. When may a worker be retrenched from service? (sec-20) According to law Answer of worker

10. Do employers give any compensation for retrenchment?(sec-20) Yes No 11. What is the rate of compensation for retrenchment? (sec-20) According to law Answer of worker

12. Do employers give priority according to the length of service for reemployment of retrenched workers? (sec-21) Yes No 13. If any worker discharges from service for physical or mental incapacity or continuous ill health, is it certified by a registered medical practitioner? (sec22) Yes No 14. Does your employer give any compensation for discharge from service?(sec22) Yes No 15. What is the rate of compensation for discharging from service? (sec22) According to law Answer of worker

16. Do dismissed workers get compensation, if they are working not less than one year?(sec-23) Yes No 17. What is the rate of amount of compensation for the punishment of conviction and misconduct? (sec-23) According to law Answer of worker

18. Before ordering of punishment for conviction and misconduct a) Do employers record the allegation in writing? (sec-24) Yes No b) Do employers give not less than 7 days time to explain?(sec-24) Yes No c) Do employers give opportunity of being heard? (sec-24) Yes No d) Do employers enquire into the subject clearly? (sec-24) Yes No 19. At pending suspension period, do workers get wages or dearness allowance or interim pay? (sec-24) Yes No

20. If workers are paid wages for pending suspension period, then what is the rate of wages?(sec-24) Answer of worker According to law

21. In an enquiry, can workers take any help by any person nominated by him who is employed in the establishment?(sec-24) Yes No 22. Can an accused worker examine the witness from whom any oral evidence is given? (sec-24) Yes No 23. If any worker is found guilty and has been decided that he will be punished , will he get wages for any period of suspension?(sec-24) Yes No 24. Does a permanent worker get any notice of at least 120 days (monthly rated worker) or 60 days notice (other worker) before his termination by the employer?(sec-26) Yes No 25. Does a permanent worker get notice of 30 days (monthly rated worker) or 14 days notice (other worker) before his termination by the employer? (sec-26) Yes No 26. Do workers get compensation for termination of employment by employers? (sec-26)

27. If a permanent worker wants to resign from his service, how can he resign? (sec-27) According to law Answer of worker

28. How can a temporary worker resign from his service? (sec-27) According to law Answer of worker

29. Is any compensation given by employer to worker for termination of employment by worker? Then what is the rate? (sec-27) Yes No

Answer of worker

According to law

30. Does employer maintain 57 years old as the retirement age of the worker? If not, then what is the retirement age for this company? (sec-28) Yes No Answer of worker According to law

31. How employer record the age of your service period? Do they record it in service book? (sec-28) According to law Answer of worker

Yes No 32. Can workers get opportunity for grievance in respect of any matter? (sec-33) Yes No 33. Does any child work in this establishment?(sec-34) Yes No 34. Does any adolescent work in this establishment without certificate of fitness granted by registered medical practitioner? (sec-34) Yes No 35. How many hours is an adult worker allowed to work in a day apart from the period of rest & meal? (sec-100)

Answer of worker

According to law

36. Do workers get intervals for rest and meal? If get, then how many hours? (sec-101) Yes No

Answer of worker

According to law

37. How many hours is an adult worker allowed to work in a day? (sec -102) According to law Answer of worker

38. Do workers get one day in a week as holiday? (sec-103) Yes No 39. Do workers get compensatory weekly holydays for lost holydays? (sec-103) Yes No

40. For overtime work, do workers get twice of his ordinary rate of basic wage? (sec-108) Yes No 41. Are women workers allowed in this establishment for working between the hours of 10p.m to 6a.m? (sec-109) Yes No 42. Do workers get 10 days casual leave with full wages? (sec-115) Yes No 43. Do workers get 14 days sick leave in a calendar year with full wages? (sec116) Yes No 44. Do workers get 11 days of paid festival holidays in a calendar year? (sec118) Yes No 45. Does employer pay wages before expiry of the seventh day of the wage period? (sec-123) Yes No

Health & Hygiene Cleanliness

Case Removing of Dirt & Refuge by Sweeping or other effective way Washing work room with disinfectant. Work room become wet due to Manufacture process In Law Daily At least once in a week Drainage system Actually done

Painting or Varnish
For wall, partisan, ceiling, roof, stair case Repainted or re-varnished cleaning of varnish or paint External site In law Once in every three year Once in 14 months Once in 14 months Actually done

Ventilation & temperature

Is there necessary ventilator & low temperature in case of production process in excessively high temperature? Ventilator temperature

Dust & Fume

Is there necessary Exhaust appliance to remove dust & fume and any internal combustion engine in open room or any other effective measure for prevention of dust and fume?

Artificial humidification
Is there water purified which are used for increasing artificial Humidity of air? Yes No

Lighting
Sufficient light ( artificial & natural) Prevention Of Glare

Drinking water
Is there sufficient arrangement for drinking water at convenient place & tagged with Drinking water in bangla? Yes Is there necessary arrangement for cold No

water where more than 250 worker and

Yes No

dehydration therapy in Hot weather?

Latrine & urinal How many latrines? Ventilator & light clean
Dustbin & spittoon
How many dustbin & spittoon? Penalty For violator

Male

Female

Maternity Benefit

No employment No work No standing

8 weeks immediate of delivery 8 weeks immediate of delivery Before 8 weeks

Delivery

Immediate 8 weeks

Liability of employer
Six month of work before maternity notice Two or More children Benefit No benefit

Amount of payment
Did u get your wages at average rate at the time of maternity? Is that amount similar to 3 months before wages?

If woman dies
Surviving child care taker Nominated person Legal representative

Woman die in delivery or during 8 weeks maternity benefit will be given to

Safety & welfare

In case of fire sec-62
What we have to look Alternative stairway Room shall be unlocked while works going on Unless sliding door should be opened from outside Alternative door tagged with bangla Audible means of warning A free passage with every room 50 or more worker- mock fire fighting , once in every year What is actually in

First aid: 89
Topics First aid appliance 150 worker Kept by More than 300 worker Things to look Accessible to all At least one box Trained person with badge Sick room What actually in

Safety record book-90

Are you maintained safety record book where worker more than 25?

Canteen-92
Employing more than 100 workers shall maintain adequate number of canteen?

Shelter: 93 In law
Rest room Separate rest room for woman

criteria
More than 50 or more worker More than 25 female worker

Fact

Room for children: 94 40 or more female worker , room for children

Group Insurance: 99
Are you maintain group insurance ?( at least 200 worker) Yes No

Work mens compensation for injury by accident

Amount of compensation: 151 Case Death Permanent total disablement Amount payment Prescribed in fifth schedule Adult: limits shown in fifth schedule Actual

Put tick or cross

Minor: ten thousand taka

Permanent partial disablement

Specify in first schedule: payment on the basis of prescription.

Not specify in first schedule: equivalent to the loss of earning power

Method of calculating wages: Period of work before accident At least 12 months case actual

Payment will average of preceding 12 months Payment will average of preceding 12 months @ same post

Less than 12 months or only one month

Trade union and Industrial relation

Requirement to form trade union: 179 Name & address Objective Any worker not joined in two trade union Fund Condition for benefit and deduction List of worker Annual audit Dissolution Election of officer (2 years) Executive (5 to 35) Want of confidence Meeting How much trade Union in your establishment? (3)

Cancellation of registration: 190 Applied for cancel Ceased to exist Misrepresentation of fact Contravened any constitution Unfair labor practice Member fallen Contravened any act

Settlement of disputes
Settlement of industrial dispute: The process given below through flowchart (put tick in every step if it is correctly done through this way) CBA communicate with other party on raising dispute

Other parties will response within 15 days through meeting

Yes

No
(30 days since the first meeting)

Signed memorandum of settlement

Go to conciliator

Arrange meeting within 10 days

Settlement

Yes

No (till 30 days)

Send report to Govt.

Continued

No (till 30 days)

Refer to go arbitrator

Will not go...

Will go

Certificate of failure

Award (within 30 days)

Valid for 2 years

Give copy to govt.

Strike or Lock out

Strike or lock-out process given through flowchart (put tick beside box, if it is done through this way) Certificate of Failure

Within 15 days

Notice on strike or lock-out that start within 7 to 14 days Commence

Prohibit

Against go to labor court

Govt

Public utility

Refer to labor court

Labor court

Hearing both parties then give award

Valid for 2 years

Workers participation in companys profit If any of the above is followed then worker will participate in profit Case Worker in any shift in any time Paid up capital (last accounting year) Fixed asset (last year) criteria More than 100 worker 1 core 2 core What actually in

Are worker participate in companies profit?

Participation and welfare fund: Topic Participation fund Welfare fund Percentage on net profit 5% 80:20

Management of fund:
The fund will manage through trustee board. Chairman First chairman Other than first chairman 2 person from employer 2 person from worker Actually in

Company pay interest on the investment of participation fund: 2.5 % above bank rate 75 % of the rate of dividend declare Whichever is higher will pay interest on that rate? How many days workers need to work consecutively to get benefit of fund?

Utilization of participation of fund:

distribution Investment 2/3 of participation fund 1/3 of participation fund