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Bangladesh Labour Laws

2006

Hello!

I am

Syed Mohammed Kowser

I am here because I love to give presentations.

History of Enactment
Before enacting Bangladesh Labour Laws 2006, the Acts
which dealt with the conditions of service and employment
were The Employment of Labour (Standing Orders) Act,
1965, The Apprenticeship Ordinance 1962, The Employment
(Record of services) Act 1952, The control of Employment
Ordinance 1965 and The State Owned Manufacturing
Industries (Conditions of services) Ordinance 1993.

Nature, Object and Principle


1.This Act may be called the Bangladesh Labour Act,
2006
2. It shall come into force at once.
3.Save as otherwise specified elsewhere in this Act, it
extends to the whole of Bangladesh.
4.Notwithstanding anything contained in sub-section , this
Act shall not apply to(a) Offices of or under the Government;
(b) Security printing press;
(c) Ordnance factories;
(d) establishments for the treatment or care of the sick,
infirm, aged, destitute, mentally disabled, orphan, abandoned
child, widow or deserted woman, which are not run for profit or
gains;

(e) Shops or stalls in any public exhibition or show


which deal in retail trade and which is subsidiary or to
the purpose of such exhibition or show;
(f) Shops or stalls in any public fair or bazaar for
religious or charitable purpose;
(g) Educational, training and research institutions;
(h) Hostels and messes not maintained for profit
or gains;
(i) In respect of chapter, ii, any shop, commercial
establishment or industrial establishment owned and
directly managed by the government where the workers
are governed by conduct rules applicable to government
servants;

(j) workers whose recruitments and terms and conditions of


service are governed by laws or rules made under article 62,
79, 113, or 133 of the constitution, except, for the purposes
of chapters XII, XIII and XIV workers employed by the-

(i) Railway Department


(ii) Posts, Telegraph and Telephone Departments,
(iii) Roads and highways Department,
(iv) Public works Department,
(v)Public Health Engineering Department,
(vi) Bangladesh Government press.

(k) Workers employed in an establishment mentioned in clauses


(b), (c) (d), (e), (f), (g) and (h) but workers other than teachers, employed
by any university shall not be subject to the restrictions except the
purposes of chapters XII, XIII and XIV;
(l) Seamen, except for the purposes of chapters XII, XIII and XIV;
(m) Ocean going vessels, except for the purpose of chapter XVI;
(n) agricultural farms where less than ten workers are normally
employed;
(o) domestic servants; and
(p) establishments run by the owner with the aid of members of
his family and without employing any hired labour.

Section: 3 Employment Conditions


1.Employment of workers in any establishment and all
such related matters will be dealt as per the provisions laid
down in Chapter 2 of Labour Law2006.
2.Any establishment can have its own recruitment and
service rules but that should meet minimum requirements as
laid down in Chapter 2
3.Employers may submit such service rules to Chief
Inspector who would put his approval within six months.
4.Any person aggrieved by the approval may appeal to
the Govt. within30 days whose award will be final.

Section: 4(1) Workers


classifications
1.Apprentice: who is engaged as learner and paid an allowance
during the training period.
2.Badli:who is engaged against the temporary absence of any
permanent worker or probationer.
3.Casual: whose engagement is of casual nature
4.Temporary:who is engaged for any job which is absolutely
temporary having the probability of getting completed within a
limited period of time.
5.Probationer:who is provisionally employed to fill a permanent
vacancy in a post and has not completed the period of
probation.
6.Permanent: who has been engaged on a permanent basis or
who has satisfactorily completed the period of probation.

Section: 4(2)Probationary
period

1.The period of probation for a worker whose function is


of clerical nature, shall be six months and for other workers
such period shall be three months.
2.In the case of skilled worker, the period of probation
may be extended by an additional period of three months if, for
any circumstances, it has not been possible to determine the
quality of his work within three months period of his probation.

Section: 5Maintenance and issuance of various


documents
i)Employment letter
No employer can employ any worker without issuing the
appointment letter
ii)Identity card
Every worker should have identity card with photograph.

Section: 6 Service Book


i) Every employer at his own cost would provide service book to each worker.
ii) Each of such service books to be kept under the possession of the employer
iii) At the time of employment employer can ask for the service book issued by
the previous employer if the worker claimed that he was employed before.
iv) Worker would handover the service book to the new employer and the new
employer would take the possession of the service book by giving him a receipt.
v) If any worker would like to have a copy of the service book, he may be
allowed to do that at his own cost.
vi) At the time of separation of any worker, the employer would hand him over
the service book
vii) If any worker loses the service book handed over to him, the employer may
issue a copy of the service book at workers cost.
viii) Above provisions will not be applicable for any apprentice, badli or casual
worker.

Section: 9 Workers register


i)Employer will maintain a workers register for all the workers which will be
kept ready for inspection by the Inspector.
ii)The workers register to include each workers name and date of birth, date of
employment, type of work, his working hour, break hour for rest and meal, rest
day, group if he is included, the shift/relay if the group is assigned with, any
other description as required by the law.
iii)If the Inspector is of opinion that in the routine muster roll or in any other
register all these information are recorded those muster roll or register will be
treated as worker register.
iv)Govt. through rules may determine the form of workers register, mode of its
maintenance and expiry.

Section: 10 Leave procedure


i)A worker who desires to obtain leave of absence shall apply to the employer
for the same, in writing, stating his leave address therein
ii)Employer or his authorized officer shall issue order on the application within a
week of its submission or two days prior to the commencement of leave applied for,
whichever is earlier.
iii)If due to emergent reasons, the leave applied for is to commence on the
date of application or within three days thereof, the order shall be given on the same
day.
iv)If the leave is granted a leave pass should be issued to the worker.
v)If the leave is refused or postponed, the fact of such refusal or
postponement and the reasons thereof shall be communicated to the worker before
the date of the commencement of the leave prayed for and be recorded in writing in a
register to be maintained by the employer for the purpose.
vi)If the worker after proceeding on leave desires an extension thereof, he
shall, apply sufficiently in advance before the expiry of such leave to the employer
who shall send a written reply granting or refusing the extension of the leave to the
worker to his leave address.

Section:11 Encashment of un-availed


leave
If any worker is separated from the service due to
retrenchment, discharge, termination, dismissal,
retirement, resignation or any other reason and if there
is any annual leave is due to him, employer as per the
provision of this law pay him the wages which would
have fallen due to him during such leave.

Section:12 Work termination or suspension


Stoppage of work
i)The employer may, at any time, in the event of fire, catastrophe, breakdown of
machinery, or stoppage of power supply, epidemics, civil commotion or other cause beyond his
control, stop any section or sections of his establishment wholly or partly and keep the
stoppage for the period up to which the situation prevails for which the stoppage was
announced.
ii)In the event of such stoppage occurring at any time beyond working hours, the
employer shall notify the worker affected, by notices posted on the notice board in the section
or at a conspicuous place before the work is due to begin next.
iii)It has to be indicated in the notice as to when the work will be resumed and whether
such workers are to remain at their places of work at any time before the actual resumption.
iv)In the event of such stoppage occurring at any time during the working hours, the
workers shall be notified in the same manner indicating as to when the work will be resumed
and whether such workers are to leave or remain at their place of work.

v)In the case of detention of workers, the workers so detained may


not be paid for the period of such detention if it does not exceed one hour
and will be paid for the whole period if it exceeds one hour.
vi)If the period of stoppage continues for more than a working day, a
worker affected other than casual or badli worker shall be paid wages for
the day (s).
vii)If the stoppage extends beyond three working days, the workers
will be laid-off in accordance with the provision of this law

viii)Such lay-off shall be effective from the day of stoppage of work and
any wage paid to a worker for the first three days may be adjusted against
the compensation payable for such subsequent lay-off.

ix)For the piece rated workers affected, their average daily earnings in
the previous month shall be taken to be the daily wages.

Section:13 Closure
i)The employer may in the event of illegal strike by any section or
department may close down that section or the establishment partly or
wholly and the workers participating in the strike may not be paid wages.
ii)Any other section or department affected by such closure will also
be closed down but the workers affected may be paid wages for the first
three days and the amount should be equivalent to payable amount in
case of lay off but the employer may not pay any wages beyond this
period.
iii)The fact of such closure shall be notified by the employer, as soon
as practicable by notice posted on the notice board in the section or
department concerned or in a conspicuous place and the fact of
resumption of work, following such closure shall likewise be notified.

Lay off
Lay-off means the failure, refusal or inability of an employer to employ any
worker due to shortage of coal, power or raw materials or accumulation of
stock or the breakdown or malfunction of machinery.

Section:16 Compensation right for laid-off workers


i)Whenever a worker other than badli or casual, whose name is borne in
the muster roll of an establishment and who has completed not less than one
year of continuous service under the employer is laid-off, he shall be paid by
the employer, for all days during which he is laid off, except for such weekly
holidays as may intervene.
ii)Compensation shall be equal to half of the total of the basic wages
and dearness allowance and ad-hoc or interim wages and the full amount of
housing allowance, if any that would have been payable to him.
iii)No worker shall, unless there is an agreement to the contrary
between him and the employer, be entitled to the payment of the
compensation in the aforesaid manner for more than forty five days during
any calendar year.
iv)Notwithstanding anything contained in the above provision, if during
a calendar year a worker is laid off for more than forty five days, whether
continuously or intermittently, and the lay-off after the expiry of first forty five
days comprises period or periods of fifteen days or more, the worker shall
unless there is an agreement to the contrary between him and the employee,
paid compensation for all the days comprised in every subsequent period of
fifteen days or more,

v)Such compensation shall be equal to one fourth of the


total of the basic wages and dearness allowance and ad-hoc or
interim wages and the full amount of housing allowance if any.
vi)In any case where, during a calendar year, a worker is to
be laid-off after the first forty-five days for any continuous period of
fifteen days or more, the employer may instead of laying off such a
worker, retrench him.

Section:18 Laid-off workers not entitled to


compensation in certain cases
i)If he refuses to accept, on the same wages, any alternative employment
not requiring any special skill or previous experience in the same establishment
or any other establishment belonging to the same employer and in the same
town or village situated within a radius of eight miles.
ii)If he does not present himself for work at the establishment at the
appointed time during normal working hours at least once a day if so required
by the employer.
iii)Every laid off worker who presents himself for the work at the appointed
time during normal office hours at the establishment on any day and is not
given employment by the employer within two hours shall be deemed to have
laid-off for the day.
iv)If the worker instead of being given employment at the commencement
of any shift for any day, is asked to present himself for the purpose during
second half of the shift for the day, and if he so presents himself, he shall be
deemed to have been laid off for one half of that day, the other half being
treated as on duty, irrespective of the fact whether he is given any work or not.

Section: 20

Retrenchment

1.Any worker may be terminated on the ground of redundancy.


2.If any worker who has been in continuous service for not less than
one year under an employer, then in case of retrenchment the
employer has to ensure:
a)One months notice in writing indicating the reason or wages in lieu of
such notice.
b)One copy of the notice to the Chief inspector and another copy to
CBA representative if any.
c)Compensation at the rate of thirty days wages for every completed
year of service or gratuity whichever is higher.
d)If the retrenchment is on expiry of lay-off then no notice needs to be
served but in this case the retrenched worker has to be paid fifteen days
wages in addition to above compensation or gratuity.

Section: 21

Re-employment of retrenched
workers

Where any number of workers are retrenched, and the employer proposes
to take into his employment any person within a period of one year from
the date of such retrenchment, he shall give an opportunity to the
retrenched workers belonging to a particular category concerned by
sending a notice to their last known addresses, to offer themselves for
employment and the retrenched workers who so offer themselves for reemployment shall have preference over others, each having priority
according to the length of his service under the employer.

Separation
Section: 22
Discharge

1.A worker may be discharged from service for reasons of physical or


mental incapacity or continued ill health.
2.A worker having completed not less than one year continuous service, so
discharged, shall be paid by the employer compensation at the rate of
thirty days wages for every completed year of service or gratuity, if any
whichever is higher.
Section: 26
Termination
1.Permanent worker: The employer may terminate the employment of a
permanent worker otherwise than in the manner provided elsewhere in this
Chapter, by providing in writing.
a.One hundred and twenty days notice in case of monthly rated worker
b.Sixty days notice in case of other worker

2.Temporary worker: The employer may terminate the employment of a


temporary worker.
a)Thirty days notice in case of monthly rated worker
b)Fourteen days notice in case of other workers
3.Employer may terminate the worker without any notice by paying wages for
the notice period as stipulated above.
4.In the case of termination of permanent worker, the employer shall pay
compensation to the worker at the rate of thirty days pay for each completed
year of service or gratuity, if any whichever is higher and this compensation
will be in addition to other benefits payable to the worker under this chapter.

Section: 27Resignation
1.Any permanent worker may resign from the service by providing sixty days
notice in writing to the employer.
2.If any temporary worker resign from the service by providing in writing
thirty days notice in the case of monthly rated workers and fourteen days
notice in case of other workers to the employer
3.If the resignation is without notice then the worker shall pay the employer
the amount equal to the wages of the notice periods as stipulated above.
4.The employer shall have to pay the permanent worker who desires to
resign compensation at the following rate for each completed year of
service:

a)Fourteen days wages if the service is continuous under the


employer for more than five years but less then ten years.
b)Thirty days wages if the service is continuous under the
employer for more than ten year.
c)Or gratuity, if any whichever is higher and this compensation
will be in addition to other benefits payable to the worker under this
chapter.

Section: 28

Retirement

1. Notwithstanding any clause mentioned elsewhere in this chapter a


worker will retire from the service attaining fifty-seven years of age.
2. The age will be determined as per the date of birth recorded in the
service book.
3. Retiree worker shall be paid compensation as per the approved
service rules of the establishment or at the rate as specified in this
chapter, i.e. the employer shall pay compensation to the worker at
the rate of thirty days pay for each completed year of service or
gratuity, if any whichever is higher and this compensation will be in
addition to other benefits payable to the worker under this chapter.
4. If found suitable, the employer may engage the retired worker on
contract basis.

Section: 29

Settlement of provident fund

No worker who is a member of any provident fund, shall be deprived due to


retrenchment, retirement, dismissal, discharge or termination of service, of the
benefit of Provident Fund including the employers contribution thereto if he is
entitled to it under the rules of the Fund.

Section:30
Time limit for the payment of
final dues
The employer shall pay the final dues to the worker within thirty working days
from the day of separation due to retrenchment, retirement, dismissal, dismissal,
discharge or termination of service.

Section: 23

Misconducts and punitive actions

Misconducts and punishment


1.A worker may be dismissed from the service without any notice or
without any wages in lieu notice regardless of any other separation
mentioned elsewhere in the Chapter if he:
a)Is convicted for an offence, or,
b)Is found guilty of misconduct under section 24 of Chapter 2
2.A worker being found guilty of misconduct as above may also be imposed
following punishment in place of dismissal under special circumstances:
a)Removal from service
b)Demotion for a maximum period of one year to the lower grade or job
c)Promotion bar for a maximum period of one year
d)No increment for a maximum period of one year
e)Fines
f)Suspension without pay for a maximum period of seven days
g)Reprimand and warning

3.If a worker who has been dismissed or removed from the service as specified above
will receive compensation if he has served for a continuous period of minimum one year at
the rate of fourteen days wages for every year of service or gratuity whichever is higher
excepting in the case of dismissal due to misconduct under sub-section 4 (b) of section 23
which is theft fraud, or dishonesty in connection with employers business or property
4.The following acts or omission shall be treated as misconduct:
a)Willful insubordination or disobedience, whether alone or in combination with
other, to any lawful or reasonable order of a superior.
b)Theft, fraud, or dishonesty in connection with employers business or property
c)Taking or giving bribes or any illegal gratification in connection with his or any
other workers employment under the employer.
d)Habitual absence without leave or absence without leave for more than ten days.
e)Habitual late attendance
f)Habitual breach of any law or rule or regulations applicable to the establishment
g)Riotous or disorderly behavior in the establishment or any Act subversive of
discipline
h)Habitual negligence or neglect of work.
i)Habitual violation of any service rules approved by the Chief Inspector relating to
employment, discipline or conduct.
j)Falsifying, tampering with, damaging or causing loss of employers official records.

Section: 24

Procedures for according


punishment

1.No punishment can be accorded under section 23 unless:


a)Allegations against him are recorded in writing
b)He is given a copy thereof and not less than seven days time to explain
c)He is given a personal hearing
d)Found guilty having carried out the investigation
e)The employer or the manager approves the order
2.A worker charged for misconduct may be suspended pending enquiry
into the charges against him and unless the matter is pending before any
court, the period of such suspension shall not exceed sixty days.
Providedthat during the period of such suspension, a worker shall be
paid by his employer a subsistence allowance equivalent to half of his
average basic wages including dearness allowance 3.and ad-hoc or
interim wages if any.
An order of suspension shall be in writing and may take effect
immediately on delivery to the worker.
4.During enquiry, a worker may be assisted by any other person
employed in the establishment nominated by him

5.During the enquiry, if any witness is produced by any party then the other
person against whom the witness has been produced may cross-examined.
6.If the accused worker is found guilty during the enquiry and is accorded
punishment under section 23 (1) then will not be entitled for any wages for
the period of suspension but will get the subsistence allowance.
7.If the accused worker is not found guilty, then he will be considered having
been in duty during the period of suspension and will be entitled to the full
wages after having adjusted with the subsistence allowance.
8.In case of punishment, a copy of the order inflicting such punishment shall
be supplied to the worker concerned.
9.If a worker refuses to accept any notice, letter, charge sheet, order or any
other document addressed to him by the employer, it shall be deemed that
such notice has been delivered to him if a copy of the same has been
exhibited on the notice board and another copy has been sent to the address
of the worker available from the record of the employer, by registered post.
10.In awarding punishment, the employer shall take into account the gravity
of the misconduct, the previous record, if any, of the worker.

Section: 25

Special rules for imposing fines

1. No fine can be imposed to a worker amounting to more than ten


percent of the wages due during the wage period.
2. No fine can be imposed to any worker below fifteen years of age
3. Fine can not be realized in installment or at a date after sixty days
from the date of its imposition
4. The date of fine can be considered to have imposed on the very of the
commission of the misconduct for which the fine has been imposed.
5. All fines and their realization have to be recorded in a register as per
the rules and such amount can only be expended for the welfare of
the people.

Section: 33
1.

2.
3.
4.

5.

Grievance procedure

Any individual worker who has a grievance in respect of any matter covered
under this Chapter and intends to seek redress thereof shall submit his
grievance to his employer, in writing, by registered post within thirty days of
the occurrence of the cause of such grievance.
If the employer receives the grievance directly and acknowledges in writing
then in that case it will not be required to deliver the same through registered
post.
The employer shall within fifteen days of receipt of such grievance, enquire into
the matte, give the worker concerned an opportunity of being heard and
communicate his decision, in writing to the said worker.
If the employer fails to give decision having received the grievance or if the
worker is dissatisfied with such decision, he may make a complaint to the
Labour Court within thirty days from the last date of not receiving any decision
after submitting grievance to the employer or within thirty days from the date
of the decision, as the case may be.
On receipt of the complaint the court after notice and given the parties hearing
may decide the matter.

6.In deciding the matter the court may pass such orders including
orders regarding reinstatement of the complainant with or without
arrear wages and lessen any punishment of dismissal, removal and
discharge to any lesser degree as specified in section 23 (2).
7.Any party aggrieved by the decision of the labour court, may
appeal to the tribunal within thirty days and the decision of the tribunal
on the appeal will be final.
8.No court fee shall be payable for filling complaint or appeal under
this Section.
9.No complaint shall lie against an order of termination under
section 26, unless the services of the worker concerned is alleged to
have been terminated for his trade union activities or unless the
worker concerned has been deprived of the benefits specified in that
section.

Section: 100

Daily Working Hours-

No adult worker shall be required or allowed


to work in an establishment for more than
eight hours in any day:
Provided that, subject to the provisions of
section 108 an adult worker may work in an
establishment for more than nine hours, but
not exceeding ten hours in any day.

Section: 101

Intervals for rest or meal.

No adult worker in an establishment shall be liable to work


eithera)for more than six hours in any one day unless he has been
allowed an interval of at least one hour during that day for rest
or meal;
b)for more than five hours in any one day unless he has been
allowed an interval of at least half an hour during that day for
rest or meal;
c)for more than eight hours unless he has had an interval under
clause (a) or two such intervals under clause (b) during that
day for rest or meal.

Section: 102Weekly hours


In every establishment1.No adult worker shall be required or allowed to work in an
establishment for more than forty-eight hours in any week.
2.Subject to the provisions of section 108, an adult worker may
work for more than forty-eight hours in a week:
Provided that the total hours of work of an adult worker shall
not exceed sixty hours in any week and on the average fifty-six
hours per week in any year.

Section: 103
Weekly holiday
In case of shop, commercial or industrial establishment, get one and half days, and in case
of factories and other establishments one day as weekly holiday;
Section: 104
Compensatory weekly HolidayWhere a worker is deprived of any of the weekly holidays provided for in that section, he
shall be allowed as soon as circumstances permit, compensatory holidays of equal number to
the holidays so deprived of.
Section: 106
Night shift
Where an adult worker in an establishment works on a shift which extends beyond midnight.
for the purposes of section 103 a holiday for a whole day shall mean in his case a period of
twenty-four consecutive hours beginning from the end of his shift.
Section: 108
Extra allowance for overtime.Where a worker works in an establishment for more than the prescribed hours in any day or
in any week under this Code, he shall, in respect of overtime work, be entitled to allowance at
the rate of twice of the average of his basic wages, dearness allowance.

Section: 109
Restrictions on working hours of womenNo women shall be allowed, without her permission, to work in an establishment in
between 10 p.m. and 6 a.m.
Section: 110
Restriction on double employment
No adult worker shall be employed or allowed to be employed for work in more than one
establishment on any day.
Section: 111
Notice of periods of work for adults and preparation.
There shall be displayed and correctly maintained in every establishment in accordance
with the provisions of section 337, a notice of periods of work for adults showing clearly
the period which adult workers may be required to work.

Section: 114

Closure of shops etc.

1. Every shop or commercial or industrial establishment shall remain


entirely closed, for at least one and a half consecutive days in each
week.
2. The day on which shops or commercial or industrial establishments
shall remain entirely closed, shall be fixed for each town or area by
the chief Inspector;
3. No shop shall on any day remain open after the hours of 8 o Clock
post meridiem:

Section: 115 Casual leave.


Every worker shall be entitled to casual leave with full wages for ten days
in a calendar year; and if such leave is not availed, it will not be
carried forward to the next calendar year.

Section: 116

Sick leave.

1. Every worker except newspaper employees shall be entitled


to sick leave with full wages for a total period of fourteen
days in a year;
2. Every newspaper employee shall be entitled to sick leave
on half wages for not less than one-eighteenth of the period
of service;
3. No such leave shall be allowed unless a registered
practitioner appointed by the employer, and in the absence
of such practitioner, any other registered practitioner
certifies on examination that the concerned employee is
sick and needs leave as mentioned in the certificate for his
treatment.

Section: 117

Annual leave with wages-

1.Every adult worker who has completed a period of one year continuous service
in the establishment, shall be allowed, during the subsequent period of twelve
months, leave with full wages for a number of days, calculated at the rate ofa) in the case of a shop, commercial or industrial establishment or factory, or
transport establishment, one day for every eighteen days of work;
b) In the case of a worker in a tea plantation, one day for every twenty-two days
of work;
c) In the case of newspaper employee, one day for every eleven days of work.
2.If a worker does not, in any period of twelve months, take the leave to which
he is entitled under sub-section (1) or (2) either in whole or in part, any such
leave not taken by him shall be added to the leave to be allowed to him in the
succeeding period of twelve months.
3. Notwithstanding anything contained in sub-section (4) an adult worker shall
cease to earn any leave under this section when the earned leave due to him-

3. Notwithstanding anything contained in sub-section (4) an adult worker shall


cease to earn any leave under this section when the earned leave due to hima)
b)

In case of a factory, or transport establishment amounts to forty days,


In case of a tea plantation, shop, commercial or industrial establishment,
amounts to sixty days.
4.Any leave applied for by a worker but refused by his employer shall be added to
the credit of such worker beyond the limit as specified in sub-section (5) and (6).

Section: 118 Festival holiday.


1.Every worker shall be allowed at least eleven days festival holidays with full
wages in a year.
2.The days and date for such festivals may be fixed by the employer in such
manner as may be prescribed by rules.
3.A worker may be asked to work on a festival holiday but in that case he shall be
entitled to two days leave with full wages and another alternative holiday.

SECTION-34:Prohibition of employment of children


and adolescent
(1) No child shall be employed or
permitted to work in any occupation or
establishment.
(2) No adolescent shall be employed or
permitted to work in any occupation or
establishment unlessa. a certificate of fitness in the prescribed
form and granted to him by a registered medical
practitioner is in the custody of the employer ;
and
b. he carries , while at work, a token giving a
reference to such certificate.

(3) Nothing in this sub-section (2), shall apply


to the employment of any adolescent in any
occupation or establishment either as an
apprentice or the purpose or receiving
vocational training therein:

(4) The Government may, where it is of opinion that an emergency has arisen
and the public interest so requires, by notification in the official Gazette,
declare that the provisions of this sub-section (2), shall not be in operation for
such period as may be specified in the notification.

SECTION-35:Prohibition of certain agreement in


respect of children
Subject to the provisions of this chapter, no person, being the parent or
guardian of a child, shall make an agreement, to allow the service of the
child to be utilized in any employment.

SECTION-36:Disputes as to age
(1) If any question arises as to whether any person is a child or an
adolescent, the question shall, in the absence of a certificate as to the age
for inspector for decision to a registered medical practitioner.
(2) A certificate as to age of a person granted by a registered medical
practitioner as mentioned in sub-section (1), shall be conclusive evidence
as to age of the person to whom it relates.

SECTION 39:Restriction of employment of adolescent in


certain work
No adolescent shall be allowed in any establishment to clean,
lubricate of adjust any part of machinery while that part is in
motion or to work between moving parts, of any machinery which
is in motion.

SECTION40:Employment of adolescent on
dangerous machines
No adolescent shall work at any machine unless(a) he has been fully instructed as to the dangers arising in connection
with the machine and the precautions to be observed, and(b) has received sufficient training in work at the machine, or is under
adequate supervision by a person who has thorough knowledge and
experience of the machine,
(2) This provision shall apply to such machines as may be notified by the
government to be of such a dangerous character that an adolescent
ought not to work at them unless the requirements of sub-section (1) are
complied with.
(3) The Government may from time to time publish in the official gazette
the list such of hazardous works where, no adolescent shall be employed.

SECTION 41:Working hours for adolescent


(1) No adolescent shall be required or allowed to work in any
factory or mine, for more than five hours in any day and thirty hours in any
week;
(2) No adolescent shall be required or allowed to work in any other
establishment, for more than seven hours in any day and forty-two hours in any
week.
(3) No adolescent shall be required or allowed to work in any establishment
between the hours of 7.00 P.M and 7.00 a.m.
(4) If an adolescent works overtime, the total number of hours worked,
including overtime shall not exceed(a) in any factory or mine, thirty six hours in any week;
(b) in any other establishment, forty eight hours in any week.
(5) the period of work of an adolescent employed in an establishment shall be
limited to two shifts which shall not overlap or spread over more than seven
and a half hours each.

(6) An adolescent shall be employed in only one of the relays which


shall not, except with the previous permission in writing of the
Inspector, be changed more frequently than once in a period of thirty
days.
(7) The provisions of weekly holiday shall apply also to adolescent
workers, and no exemptionfrom the provisions of that section shall be
granted in respect of any adolescent.
(8) No adolescent shall be required or allowed to work in more than
one establishment in any day.

SECTION-42:Prohibition of employment of adolescent


in underground and under-water work
No adolescent shall be employed in any underground or underwater
work.

SECTION-43:Notice of periods of work for


adolescent
(1) In every establishment in which adolescent are
employed, there shall be displayed in the manner prescribed by rules, a
notice of specified periods of work for adolescent.
(2) The periods shown in the notice under sub-section (1) shall be fixed
beforehand in themanner laid down for adult workers and shall be such that
adolescent working on those periodswould not be working in contravention
of this Act.
(3) The relevant provisions laid down for adult workers in the occupation
or establishment shall also apply to the notice under sub-section (1).
(4) The Government may make rules to prescribe the form of such notice
and the manner in which it shall be maintained.

SECTION -44: Exception in certain cases of


employment of children
(1)Notwithstanding anything contained in this chapter, a child who has
completed twelve years of age, may be employed in such light work
as not to endanger his health and development or interfere with his
education; Provided that the hours of work of such child, where he is
school going, shall be so arranged that they do not interfere with is
school attendance.
(2) All provisions applicable to an adolescent workers under this chapter
shall mutatis-mutandis apply to such child workers.

Bangladesh Labour Law- 2006


MATERNITY BENEFIT
Previous: MATERNITY BENEFIT ACT. 1939 and Rules 1953
Section:45In certain Cases Female worker cannot be given work
1)No employer can give work to a woman worker before 8 weeks of her delivery.
2)No female worker can work within 8 weeks of her delivery.
3)No employer can assign a female worker to do any hard work or laborious work
for what the said worker has to remain standing for long time which may cause
detrimental for her health, if
a. The woman in form the employer or it is understood that the woman is
going to be give birth within 10 weeks.
b. If the employer is informed that the woman worker gave birth within the
last 10 weeks.
Subject to the provisions that in case of Tea Garden worker until the Doctor of the
Tea Garden Certifies that the woman is quite capable of doing any job until than
she will be given light work and as per the legal provisions of such Act the woman
worker will get extra remuneration other then the maternity benefit.

Section: 46Right to and liability for payment of maternity benefit:


1)Subject to the provisions of this Act every woman employed in a factory
for a period not less than six months immediately preceding the date of
her delivery shall be entitled to receive from her employer maternity
benefit for a period of sixteen weeks, at every child birth i.e. eight weeks
immediately preceding and for eight weeks immediately following the
delivery
2)Any such benefit will not be payable to a woman worker if at the time of
her delivery two or more child are alive but in this case if she is entitled to
get any leave that should be given.

Section: 47Procedure regarding payment of maternity benefit:


Any woman entitled to maternity benefit under the provisions of this Act
1)Who is pregnant may, on any day, give notice either orally in person or in writing in
the form prescribed by rules made under this Act to the manager of the factory that
she expects to be confined within eight weeks next following and may therein
nominate a person.
2)Who has not given the notice and has been delivered of a child, shall, within seven
days, give similar notice that she has given birth to a child.
3)When such notice is received, the employer shall permit the woman to absent
himself from factory from the day following the date of notice in the case mentioned.
Until eight weeks after the day of delivery.
4)An employer shall pay maternity benefit to a woman entitled thereto in such one of
the following ways as the woman desires namely:a)For eight weeks within 3 days of the production of a certificate signed by a medical
practitioner stating that the woman is expected to be confined within eight weeks, and for the
remainder of the period for which she is entitled to maternity benefit within 3 days of the
production of proof that she has given birth to a child.

b)For the said period up to and including the day of delivery within 3 days of the production of proof
that she has given birth to a child and for the remainder of the said period, within eight weeks of the
production of such proof.
c)For the said period up to and including the day of delivery within 3 days of the production of proof
that she has given birth to a child and for the remainder of the said period, within eight weeks of the
production of such proof.

5)The proof required to be produced shall be either a certified extract from a


birth register or certificate signed by a medical practitioner or such other proof
as may be accepted by the employer.

Section: 48
1)Under this Act the amount payable as maternity benefit will be calculated as
per sub-clause (2), Daily, Weekly or monthly basis whichever is applicable
should be paid in average and in cash.
2)As per sub-clause (1) to calculate daily, weekly or average monthly wages of
the woman who has given notice under this chapter, 3 months actual wages
before her notice period will be divided by the working days to get the average
wages.

Section: 49Payment of maternity benefit in case


of a workers death:
1)If a woman entitled to maternity benefit under this Act dies on the day of
her delivery or within 8 weeks the employers liability shall not be reason of
her death be discharged, and shall pay the amount of maternity benefit
due, if the newly born child survives her to the person who undertakes the
care of this child, and if the child does not survive her to the person
nominated by her or if she has made no such nomination to her legal
representative.
2)If a woman dies during the period for which she is entitled to maternity
benefit but before giving birth to a child, the employer shall be liable only
for the period up to and including the day of her death. The amount due
shall be paid to the person nominated by her, if she has made no such
nomination to her legal representative.

Section:50No notice of dismissal to be given in certain case.


If a woman is given notice by her employer for discharge, dismissal or
termination within 6 months before her delivery or 8 weeks after the
delivery and in support of such notice if there is no sufficient reason behind
such notice in such case the woman will not be deprived of getting the
maternity benefit.

HEALTH, SAFETY AND SECURITY


SECTION-51: Cleanliness
Every work place shall be kept clean and free from effluvia arising from any drain or
other nuisance.
Cleanliness
a)Every day cleaning.
b)Wash once in a week.
c)Effective means of drainage.
d)Painting or varnishing once in every three years.
e)White wash or colour wash once in every 14 months.
To maintain a prescribed register mentioning the dates of each work mentioned above.

SECTION-52:

Ventilation & Temperature.

1)Effective and suitable arrangement should be made for proper


ventilation in every work place.
2) Proper temperature shall be maintained in every work place so
that workers can work in comfort and prevent injury to health.
3)Wall and roof shall be build in such a way to maintain proper
temperature.
4)Proper measures to be taken to prevent temperature due to work
process or separate the work process to protect the workers.
5)Government may instruct to take appropriate measures to
prevent high temperature.

SECTION-53:

Dust & Fume.

1)Work place shall be maintained dust and fume free. Measures to be taken
to protect workers from dust and fume.
2)No internal combustation engine shall be operated unless the exhaust is
conducted into open air.

SECTION-54: Disposal of waste & effluents.


Effective measure to be taken for the disposal of waste and effluents.

SECTION-55: Artificial Humidification.


If the humidity of the air is artificially increased the water used for this
purpose shall be taken from a public supply or other sources of drinking
water or effectively purified before use.

SECTION-56: Over crowding.


1)No work place shall be over crowded to an extend injurious to the health of
workers working in that place.
2)For each worker 9.5 Cubic Meter space should be provided.
SECTION-57: Lighting.
Work place and walkways shall be provided and maintained sufficient and
suitable lighting, natural, artificial or both.
SECTION-58: Drinking Water.
1)Effective arrangement shall be made to provide and maintain at a suitable
point sufficient supply of drinking water.
2)Provision shall be made cooling the drinking water during hot weather
where at least 250 workers are employed.
3)Arrangement shall be made for oral and dehydration therapy for the
workers working near the engine producing high heat.

SECTION-59: Latrines & Urinals.


a)Sufficient latrines and urinals shall be provided at convenient place.
b)Latrines and urinals shall be provided separately for female workers.
c)These should be well lighted; make airy and constant supply of water shall
be made.
d)These should be cleaned regularly with cleaners.

SECTION-60: Dustbin & spittoon.


1)To provide sufficient number of Dustbin and spittoon in proper places and
keep them clean.
2)Everybody should use those dustbins and spittoons.
3)Notice for punishment for non-users should be displayed.

SECTION-61: Safety of Building & Machineries.


Inspector can instruct by notice to take appropriate measures if he feels that
there are dangers for life and safety in the buildings and Machineries.

SECTION-62: Precautions in cases of Fire.


Shall arrange alternative escape route from each floor of the building and
sufficient fire fightingequipments.

SECTION-63: Fencing of machineries.


Shall arrange fencing by safeguards to all machineries and its moving parts.

SECTION-64: Work on or near Machinery in Motion.


For any maintenance, belt fitting, lubrication of the machine while machine is
in motion trained male workers with tight fitting dress should be engaged.

Chapter 10 of Bangladesh Labour Law-2006 Previously: Payment of


wages Act -1936
Section-120: Wages under Labour Law 2006. Section 120
and 2(45)of the Act

Wages means all remuneration, capable of being


expressed in terms of money, which would, if the terms of
the contract of employment, express or implied, were fulfilled,
be payable, whether conditionally upon the regular attendance,
good work or conduct or other behaviour of the person
employed, or otherwise, to a person employed in respect of his
employment or of work done in such employment

But does not include


a)The value of any house accommodation, supply of light, water, medical
attendance or other amenity or of any service excluded by general or special
order of the Government;
b)Any contribution paid by the employer to any pension fund or provident
fund;
c)Any travelling allowance or the value of any travelling concession;
d)Any sum paid to the person employed to provide special expenses entailed
on him by the nature of his employment: and
Will Include the following:
a)As per terms of employment any bonus or other additional remuneration of
the nature.
b)Remuneration in lieu of leave, holiday or for overtime work.
c)Any such payment made by order of any court or as a result of any
agreement made between the parties.
d)Any sum payable in course of dismissal, retrenchment, Discharge,
Termination, resignation, retirement or by any such manner or any
agreement under this law.
e)A sum payable for the period of lay off or suspension.

Section-121: Responsibility for payment of wages:


Every employer should be responsible for the payment of persons employed
by him, all wages required to be paid under this Act.
Provided that, in the case of persons employed (otherwise than by a
contractor)
The chief executive, manager or the person responsible for supervision and
control of the organisation or any such parson will be responsible to pay the
wages to the employee.
Section-122: Fixation of wage-periods:
Every person responsible for the payment of wages under section 12 should
fix period, in this Act referred to as wage- periods in respect of which such
wages should be payable.
No wage-period shall exceed one month.

Section-123: Time of Payment of wages:


1)The payment of wages should be made within the next 7 days of the wageperiod.
2)When employment of a worker terminates due to his retirement or
retrenchment, Discharge, termination, dismissal or any such other way the
amount payable to the worker to be paid within the 7 working days from the
date of such termination.
3)All payments of wages shall be made on a working day.
Section-124: Wages to be paid in current Coin or Currency Notes:
All wages shall be paid in current Coin or Currency notes or in bank cheque
violation of this section is a punishable offence.

Section-125:Deduction which may be made from wages.


1)The wages of an employee shall be paid to him without deduction of
any kind except those authorised by this Act.
2)Deductions from the wages of an employed person shall be made only
in accordance with the provisions of this Act and may be of the following
kinds only namely:a)Fines imposed under 25 of this Act.
b)Deduction for absences from duty.
c)Deductions for damage to or loss of goods expressly entrusted to the employed
person for custody or for loss of money for which he is required to account where
such damage or loss is directly attributable to his neglect or default
d)Deductions for house accommodation supplied by the employer;
e)Deductions for such amenities and services supplied by the employer as the
government may by general or special order authorise.
f)Deductions for recovery of advances or for adjustment of overpayments of wages.
g)Deductions of income-tax payable by the employed person.
h)Deductions required to be made by order of court or other authority competent to
make such order.

i)Deductions for subscriptions to and for payment of advances from any recognised
provident fund.
j)Deductions for payments to co-operative societies approved by the government or
to a scheme of insurance maintained by the Bangladesh post office.
k)Deductions made with the written authorisation of the employed person in further
or in furtherance of any War Savings Scheme, approved by the govt. for purchase of
securities of the government of Bangladesh.
l)The subscription deducted for CBA in the check off process.
Section-131:

Subject to the other provisions of this Act, if wages can not be paid to a
worker due to death or missing of the worker, in that case payment to be
made to the following:a)As per Law the person nominated for the purpose.
b)If there was no such nomination or payment cannot be made to the
nominated person, in that case to the labour court and the court will then
take appropriate measure for payment.
c)In accordance with sub clause (A and B) if the employer made the
payment to the nominee of the worker or to the labour court he will be
free from the responsibility of such payment of wages.

Trade Unions and Industrial Relations


Section: 176
Workers and Employers trade unions.
a)Workers, without distinction whatsoever, shall have the right to establish and, subject
only to the rules of the organization concerned, to join associations of their own choosing
primarily for the purpose of regulating the relations between workers and employers or
workers and workers;
b)Employers, without distinction whatsoever, shall have the right to establish and, subject
only to rules of the organisation concerned, to join associations of their own choosing
primarily for the purpose of regulating the relations between employers and workers or
employers and employers;
c)Workers and employers trade unions shall have the right to establish and join
federations.
d)Trade unions and employers associations shall have the right to draw up their
constitutions and rules, to elect their representatives in full freedom, to organise their
administration and activities and to formulate their programmes.
Section: 177
Application for registration.Any trade union may, under the signature of its President and the Secretary, apply for
the registration of the trade union under this Chapter to the Registrar of Trade Union of
the concerned area.

1)Every application for registration of a trade union shall be made to the Director of Labour
or to an officer authorised in this respect.
2)The application shall be accompanied by the following particulars, namelya)A statement showing the following information, namely(i)The name of the trade union and the address of its Head Office;
(ii)Date of formation of the union;
(iii)The titles, names, age, addresses and occupations of the officers of the trade
union.
(iv)Statement of total paid membership;
(v)Name and number of total workers of the establishment with which the trade
union is associated; and
(vi)In case of a federation of trade unions, the names, addresses and registration
number of member unions.
b)Three copies of the constitution of the trade union together with a copy of the
resolution by the members of the trade union adopting such constitution bearing the
signature of the Chairman of the meeting;
c)A copy of the resolution by the members of the trade union authorising its President
and the Secretary to apply for its registration; and
d)In case of a federation of trade unions, a copy of the resolution from each of the
constituent unions agreeing to become a member of the federation.

3)Upon receipt of an application under sub-section (1), the Director of Labour or the
officer authorised in this respect shall immediately forward a copy thereof (together
with a list of the officers of the union) to the employer concerned for his information.
Section: 179

Requirement for registration.-

1)A trade union shall not be entitled to registration under this Chapter unless the
constitution thereof provides for the following matters, namely:a)The name and address of the trade union;
b)The objects for which the trade union has been formed;
c)The manner in which a worker may become a member of the trade union specifying
therein that no worker shall be enrolled as its member unless he applies in the form set out
in the constitution declaring that he is not a member of any other trade union;
d)The sources of the fund of the trade union and the purposes for which such fund
shall be applicable;
e)the conditions under which a member shall be entitled to any benefit assured by the
constitution of the trade union and under which any fine or forfeiture may be imposed on
him;
f)The maintenance of a list of the members of the trade union and of adequate
facilities for the inspection thereof by the officers and members of the trade union;

g)The manner in which the constitution shall be amended or varied.


h)The safe custody of the funds o trade union, its annual audit, the manner of audit and
adequate facilities for inspection of the account books by the officers and members of trade
union;
i)The manner in which the trade union may be dissolved;
j)The manner of election of officers by the general body of the trade union and the term, not
exceeding two years, for which an officer may hold office upon his election or re-election;
k)The number of officers, as prescribed by rules, must not be less than five and more than
thirty five;
l)The procedure for expressing want of confidence against any officer of the trade union; and
m) The meetings of the executive and of the general body of the trade union, so that the
executive shall meet at least once in every three months and the general body at least once
every year.

2)A

trade union of workers shall not be entitled to registration under this Chapter
unless it has a minimum membership of thirty percent of the total number of
workers employed in the establishment in which it is formed;

Section: 180 Disqualifications for being an officer or a member of


a trade union.1)Notwithstanding anything contained in the constitution or the rules
of a trade union, a person shall not be entitled to be, or to be elected as,
an officer or member of it, if.a)He has been convicted of an offence involving moral
turpitude or an offence under Section 196(2)(d) or Section 198 and a
period of two years has not elapsed since his release;
b)He is not employed or engaged in the establishment in
which the trade union is formed.

2)Nothing in clause (b) of sub-section (1) shall apply to any federation


of trade unions.

Section: 181 Registered trade union to maintain register, etc.


- Every registered trade union shall maintain, in such form as may be
prescribed by rules, the following books and registers:a)A register of members showing particulars of subscriptions paid by
each member;
b)An accounts book showing receipts and expenditure; and
c)A minute book for recording the proceedings of meetings.
Section: 187 President and certain Officers not to be
transferred:No President, General Secretary, Organizing Secretary, or Treasurer of
any trade union shall be transferred from one district to another without
his consent.

Section: 195 Unfair labour practices on the part of employers-No


employer or trade union of employers or no person acting on behalf of
either shalla)Impose any condition in a contract of employment seeking to restrain the
right of a person who is a party to such contract to join a trade union or continue his
membership of a trade union;
b)Refuse to employ or refuse to continue to employ any person on the ground
that such person is, or is not, member or officer of a trade union;
c)Discriminate against any person in regard to any employment, promotion,
condition of employment or working condition on the ground that such person is , or
is not, a member or officer of a trade union; or
d)Dismiss, discharge, remove from employment or threaten to dismiss,
discharge or remove from employment a worker of his employment by reason that
the worker is or proposes to become, or seeks to persuade any other person to
become, a member or officer of trade union.
e)Induce any person to refrain from becoming, or to cease to be a member or
officer of a trade union.

f)Compel any officer of the collective bargaining agent to sign a


memorandum of settlement by using intimidation, coercion, pressure, threat,
confinement to a place, physical injury, disconnection of water, power and
telephone facilities and such other methods.
g)Interfere with, or in any way influence the balloting provided for in
section 202;
h)Recruit any new worker during the period of strike under section 211 or
during the currency of a strike which is not illegal.
i)Fail intentionally to take measures as per the recommendation of the
Participating Committee;
j)Fail to give answer to any letter sent by the collective bargaining agent
regarding an industrial dispute;
k)Transfer the President, the general Secretary, the Organizing Secretary,
or the Treasurer of any trade union in contravention of the provision of section 187.
l)Commence or continue an illegal lock-out or persuade any other person
to take part in that.

Section: 196

Unfair labour practices on the


part of workers.-

1)No worker shall join in any trade union activities during his working hour
without the permission of the employer;
2)No worker or trade union of workers or no person acting on behalf of
such trade union shalla)Intimidate any worker to become, or refrain from becoming, or to
continue to be, or cease to be a member or officer of a trade union;
b)Induce any person to refrain from becoming, or cease to be a
member or officer of a trade union, by conferring or offering to confer any
advantage.
c)Compel or attempt to compel any worker to pay, or refrain from
paying, any subscription towards the fund of any trade union.

d)Compel or attempt to compel the employer to sign a


memorandum of settlement.
e)Commence or continue any illegal strike or go slow
work; or persuade any other person to take part in that; or
f)Create blockade, obstacle in transport or communication
system or cause damage to any property for the purpose of
satisfying any demand or object of a trade union.
3)It shall be an unfair practice for a trade union to interfere with
a ballot held under section 202 by the exercise of undue
influence.

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