Welcome to Our Presentation

Presented By

Group MembersName ID

Raiyan-Ul Jannah 1323Robiul Awal Tuhin 1327Md. Rashadul Hasan 1328Md. Anwar Parvez 1331Md. Faisal Hossain 1334Md. Mostafizur Rahman 1341

Presentation on Bangladesh Labor Law

Raiyan-Ul Jannah

ID No: 1323

Bangladesh Labor Law - 2006Enacted in 11 October, 2006 and

amended in 2013

Background of Bangladesh Labor Law - 2006

During the Pakistan regime the Factories Act, 1934 continued up to 1965. The then East Pakistan Assembly repeated the said Act and in its place re-enact the same and passed the East Pakistan Factories Act,1965 (Act IV of 1965).The Act was passed in the Assembly on the 5th August, 1965 and was published in the Gazette dated 1st September,1965.After liberation of Bangladesh on the 26th March,1971 the Act remained in force.

The laws which this Code has replaced were made mostly during the British Colonial regime and Pakistan period and they were as many as 50 in number. In many cases these laws were outdated, scattered, inconsistent and often overlapping each other.

In 1992 a Labor Law Commission was formed by the Government of the day which examined 44 labor laws and recommended to repeal 27 laws and it prepared a draft Labor Code in 1994. This draft of Labor Code,1994 underwent series of changes in its vetting stages and finally the Bangladesh Labor Code 2006 was passed by the Parliament on October 11,2006.The Bangladesh Labor Code 2006 is one of the very recent laws with major overhauling changes in the field of labor legislation.

Acts in Bangladesh

Bank Company Act,1991Bangladesh Securities and

Exchange Commission Act,1993Company Act,1994Copyright Act,2000Mobile Court Act,2009Insurance Act,2010

Acts in BangladeshThe sale of Goods Act,1930The Partnership Act,1932The petroleum Act,1934The business Profits Tax Act,1947The Government Educational and

Training Institutions Ordinance,1961 (East Pakistan Ordinance)

The Jahangirnagar University Act,1973

Acts in BangladeshThe Judicial Officers Protection

Act,1850The Penal Code,1860The Police Act,1861The Contract Act,1872The Income-tax Ordinance,1984The Foreign Recruiting Act,1874The Negotiable Instruments Act,1881

Acts related to Labor Law

Acts related to Labor Law

Labor Court

• A labor court (or labour

court or industrial tribunal) is a governmental judiciary body

which rules on labor or employment-

related matters and disputes.

Labor Court in BangladeshThere are only seven labor courts in Bangladesh –

Three are based in Dhaka, Two in Chittagong, One in Rajshahi and One in Khulna and each of these courts have jurisdiction over different parts of the country.

Md. Mostafizur Rahman

ID No: 1341

WORKING HOURS………..

Section-100: No Adult Worker Shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day.

Section-102: Adult workers shall ordinarily be required or allowed to work in an establishment for more than 48 hours in any week.

Provided that the total hours of work of an adult worker shall not exceed 60 hours in any week and on the average 56 hours per week in any year.

DAILY WORKING HOURS WEEKLY WORKING HOURS

Section-108: When a worker works in an establishment for more then the prescribed hours in any day or week, in that case he shall get OT at the rate of twice of average of his basic wages.

Extra Allowance For Over Time

EMPLOYEE LEAVE TYPES…….

1. Casual Leave

2. Sick Leave

3. Festival Holidays

4. Annual Leave

5. Maternity Leave

EMPLOYEE LEAVE ……

Section-115: Every worker shall be entitled to casual Leave with full wages for 10 (Ten) days in a calendar year. It will not be accumulated and carried forward to the succeeding year.

Section-116: Every worker shall be entitled to sick leave with full wages for a total period of 14 (Fourteen) days in a year. It will not be accumulated and carried forward to the succeeding year.

Casual Leave Sick Leave

Section-118: Every worker shall be allowed 11 (Eleven Days) festival holidays with full wages in a year.

Festival Holidays

Annual Leave

Section-117: Every adult worker who has completed a period of one year continuous service in the establishment shall be allowed leave & it calculated at the rate of 01 day for every 18 days of work.

o Section -45,46: Employers are liable to provide maternity benefits to the employee who has completed at least 6 months of service with the employer by the date of confinement.

The working mothers in public and private sector are supposed to get maternity leave for 6 months 

  [Note: No woman worker shall be entitled to such

benefit if she has, at the time of delivery, two or more children alive].

Maternity welfare facilities

Safety All the workers are accessible to receive first aid

from the factory at the time of working hour Prohibit or restrict employment of women,

adolescents or children in hazardous operation; Provide periodical medical examination of

persons employed in dangerous condition.

Rana Plaza Tragedy in 2013

Md. Anwar Parvez

ID No: 1331

Roles and responsibilities of Trade Union "trade union" means any combination whether temporary or permanent,

the principal purposes of which are, under its constitution, the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade.

TUs inspire every member of Union to abide by laws/rules on OHS and aware the workers and officials about the law and rights with responsibilities; Participate, cooperate and provide necessary support in bilateral and tripartite discussion and activities on OHS; Expand full support to the activities of occupational health surveillance in identifying work related diseases or OHS problems.

Trade unions preserve the right to collective bargaining for any specific issues.

Federation of trade unions will call general meetings specially convened the purpose, by the vote of note less than majority of the total membership will be selected for bargaining agent on behalf of all workers.

Federation members will keep commitment with mutual trust, understanding and cooperation between employer and the workers.

Bargaining agents will influence and inspire other members for vocational training, workers education and family welfare training.

Industrial Relations with Trade Union

Workers have right to form a trade union within factory. Every worker has right to join in trade union. No workers shall

be allowed for duel membership of trade unions. Trade union must have constitution and shall be applied for

registration of the concerned area. Incase of immoral activities or conviction or offensive

involvement within the factory trade union will be closed. After proper investigation and findings of the offence factory owner will apply before Labor court for cancellation of the registration of trade union.

A group of trade union will compile a trade federation and will be registered showing the receipt of expenditure, meeting proceedings, register book and other documents on behalf of trade unions.

Present Situation of Trade Union

Bangladesh Employers’ Federation (BEF)

BEF was founded in 1998 and is the national employer organization, representing 131 affiliates with around 90% of established employers in the private sector. BEF is represented in most national bi- or tripartite bodies.

Child Labor In BANGLADESHChild labor is a working child under the age specified by law.In 2006, Bangladesh passed a Labor Law setting the minimum legal age for employment as 14

Child labor in Bangladesh is common, with 4.7 million or 12.6% of children aged 5 to 14 in the work force. Out of the child laborers engaged in various sector , 83% are employed in rural areas and 17% are employed in urban areas. Employment ranges from jobs in the informal sector such as in agriculture and domestic service, to jobs in the formal sector, such as in the garment industry.

Child Labor In BANGLADESH

A boy making metal components at a factory.

Dhaka, Bangladesh

Child labor in Chittagong, leaving after collecting recyclables from a landfill

Agriculture deploys 70% of the world's child labor. Above, child worker on a rice farm in Bogra

Child Labor in a quarry Child labor in Bangladesh

Md. Faisal Hossain

ID No: 1334

LABOR LAW AMENDMENTS• Section 19: Compensation due to Death • Section 27: Resigned from the job due

to absence• Section 28(a): Workers relations due to

any disaster beyond control or damage• Section 62: Establishment the doors

affording exit • Section 78: Personal safety equipment

and offer trainings • Section 89: The establishment of a

Health care Center

Robiul Awal TuhinID No: 1327

LABOR LAW AMENDMENTS

• Insertion of Section 90(a): Formation of the Safety Committee

• Insertion of Section 94(a): Residential Facility for Physically Challenged Workers

• Replacement of Section 99 of the Act No. 42 of 2006:

Compulsory Group Insurance

• Insertion of Section 140(a): Special Power of the Government

• Amendment to Section 176 of the Act No. 42 of 2006: A trade union formation

LABOR LAW AMENDMENTS• Amendment to Section 178 of the Act No. 42 of

2006 : Condition requiring the Director of Labor

• Insertion of Section 202: Labor Act permitting workers to appoint outside experts

Amendment to Section 215 of the Act No. 42 of 2006:“First Class Magistrate” shall be replaced by the “First Class Judicial Magistrate or Metropolitan Magistrate”

Md. Rashadul HasanID No: 1328

Violation of Section 108

Implied provisions• No adult worker shall

ordinary be required or allowed to work for more than 8 hours in a day.

• When a worker works for more than the prescribed hours in a day under the code, he or she will be entitled to allowance at the rate of twice of his basic wages.

Violation of provision• But the real scenario,

specially in tannery industry, is working hour there is about 9-11 hours and all the hour is considered as a working hour.

• Weekly hour of an employee goes even much higher of this.

• No casual leave or sick leave with payment is allowed for employees.

Violation of Section 34, Section 41, and Section 45

Implied provisions• Section 34: A certificate of

fitness and a certificate of willingness to work will be mandatory in case of employing child or adolescent

• Section 41: No adolescent shall be allowed or required to work more than 5 hours a day and 30 hours a week.

• Section 45: Every employed women will be provided at least 8 weeks of maternity leave with payment but she has to submit the proof of delivery.

Violation of provision

• But both of the section 34 and 41 is continuously violated as child labor is considered as a cheap and easily controllable labor.

• Many organization recruits women employee as a temporary worker or daily basis, so they are quite deprived of getting maternal leave or maternity benefits.

Violation of Section 89, Section 92, and Section 93

Implied provisionsSection 89: An almirah and an aid box for every 150 workers should be available.Section 92: A canteen has to be established where more than 100 workers are employed.Section 93: A rest room should be available for every 50 workers and rest room for female workers should be separated.

Violation of provision

• Unfortunately, only the 2.35% of industries are availing this benefits for blue color employees in Bangladesh.

Impa

c t o

n W

orke

rs’ r

ight

Hig

hest

Impa

ctLo

w Im

pact

Urgency levelHigh

Urgency levelLow

Urgency levelModerate

Med

ium

Im

pact

Implementing prescribed working hour.

Payment of job, bonus and increment

Impact-Urgency Model

Job Security

Availability of aid kit, canteen or rest room facility

Informing about employee’s rights and benefits.

Protecting the rights of child and adolescent

Providing Casual leave, Sick leave and Maternity benefits

Urgency for resolution Most of the workers

don’t know about their rights and benefits.

Job security in most of the organization is almost zero.

Payment of job, bonus and increment isn’t according to the labor code.

No definite working hour.

Casual leave, Sick leave and Maternity benefits aren’t followed.

Employment of adolescent is quite high, working hour isn’t maintained and they are paid less than adults.

No first aid kit, no canteen or rest room facility and no room for children of the female workers are provided.

Core findings at a glance:

Any Question…………………????