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Labour Code 2006

Code means those rules & customs of state by which the relation of employer and labourer is regulated in order to secure peace in the Industrial arena. In the eye of labour law, the capital & the labour both are equally important. In modern time, the basic purpose of Code is to create exclusive relation between capital & labour. There were many labour laws in previous but now it has only labour laws in Bangladesh. hich name is Bangladesh Labour Code, !""#. The Bangladesh Labour Code$herein after referred as the Code% is one of the very recent laws with ma&or overhauling changes in the filed of labour legislation. The law governing labour relations is one of the centrally important branches of the law the legal basis on which the very large ma&ority of the people earn their living. The level of the wages'nominal or real which is the vital issue can only be marginally influenced by legal rules and institutions. (arginal influence of the law on the people)s welfare depends on the products of people)s labour which in turn in very large extent the result of technical development. In the second place, it depends on the forces of the labour mar*et on which the law has only a marginal $tough not a negligible% influence and thirdly on the degree of effective organi+ation of the wor*ers in trade union to which the law can again ma*e only a modest contribution.,-. Code concerns the inequality of bargaining power between employers and wor*ers. Code$or /labor0, or /employment0 law% is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, wor*ing people and their organi+ations. 1s such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unioni+ed wor*places are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. 2owever, there are two broad categories of labour law. 3irst, collective Code relates to the tripartite relationship between employee, employer and union. 4econd, individual Code concerns employees) rights at wor* and through the contract for wor*. The labour movement has been instrumental in the enacting of laws protecting labour rights in the -5th and !"th centuries. 6abour rights have been integral to the social and economic development since the industrial revolution.,!. 6aw is a technique for the regulation of social power. This is true of Codeas it is of other aspects of my legal system. 7ower 8the capacity effectively to direct the behaviour of others' is on evenly distributed in all societies. There can be no society without subordination of some of its members to others, without command and obedience, without rule ma*er and decisions ma*ers. The power to ma*e policy, to ma*e rules and ma*e decisions and to ensure that those are obeyed is a social power. It is same supported and sometimes restrained and sometimes even created by the law but the law is not the principal source of social power.,9.

Purpose of Labour laws

Code is chiefly concerned with this elementary phenomenon of social power. 1nd 8 this is important 8 it is concerned with social power irrespective of the share which the law itself has had in establishing it. 1s a social phenomenon the power to command and the sub&ection to that power are the same no matter whether the power is exercised by a person by public function or by a private person, an employer, a trade official. The subordination to power and the nature of obedience do not differ as between purely /social0 or private and /legal0 or public relations. It is a profound error to establish a contract between /society0 and the /state0 and in terms co'ordination, the other in terms of subordination. 1s regard labour relations, that error is fatal. In the society, there is unequal distribution of power but view of society about individual as equal. The law does and to some extent must conceal the realities of subordination behind the conceptual scream of contracts considered as concluded between equals. 6abour has a vital role in increasing productivity, and management has to help create condition in which wor*ers can ma*e their maximum contribution towards this ob&ective. In free India, the labour movement and the trade unions should be in a position to assume larger responsibilities one of the main tas*s in the five year plans is to evolve practical ways in which they can ma*e an increasing contribution to national development and national policy. The growth of the public sector provides opportunities for wor*ing out new concepts of labour relations and the association of labour in management of industry,:.. The principal purpose of labour law, is to regulate, to support and to restrain the power of management and power of organi+ed labour. These are abstraction. In their original meanings the words, /management0 and /labour0 denoted not persons, but activities to plan and to regulate production and distribution, to co'ordinate capital and labour in the one hand, the activity to produce and to distribute on the other. But even if, by new common twist of language, /management0 and labour0 are used to denote not activities but the people who exercise them, they remain abstractions. The word /management0 is always used to identify the individual or corporate body who in a give situation wields that power to define policy, to ma*e rules and above all decisions, through whose exercise management manifests itself to those who are its subordinates. To manage means to command. The ambiguity of the terms /management0 and labour if applied to persons rather than to activities is important that it means the relation between managers and those sub&ect to managerial power. To gauge the distribution of managerial power and to identify its location is not always an easy tas*. To trace the distribution of managerial power is a difficult tas* in any given society, no less difficult where the means of production are publicly owned than where they are privately owned. To find who has power our the side of labour is equally difficult.,;. The individual employer represents an accumulation of material and human resources, socially spea*ing the enterprise is itself in Collective 7ower. If a collection of wor*ers negotiate with an employer, this is a negotiation between collective entities, both of which are, or may at least be, bearers of power. But the relation between an employer and an isolated employee or wor*er is typically a relation between a bearer of power and one who is not a bearer of power. The main ob&ect of Codehas always been to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship there can be no employment relationship without a power to command and a duty to obey. But the power to command and the duty to obey can be regulated. The characteristic feature of the employment relation is the individual wor*er is subordinated to the power of management but that the power of management is co'ordinate with that of organi+ed labour. The regulation of labour results from combination of those agreed between him or his association and the union through collective bargaining.,#.

In the formulation of the rules which regulate the relations between employers and wor*ers the common law has played a minor role. The courts have had a share, but only a small share in their evolution. 3or this there are number of reasons< $a% The rules and principles in which we are interested are designed to govern the normal typical behavior at the parties. The rules which are needed in labour relations must word ex ante. They must direct people what to do or nit to do, before and not after they have acted, Case law operates ex'port, it does establish rules but not before something has gone wrong. $b% The law is expected to have a share in the regulatior of normal behavior in relations between employers and employed. $c% =ules governing labour relations are an attempt to mitigate the disequilibrium inherent in the employment relation.,>.

Labour Laws in Bangladesh before 2006 The present shape of Code has not been evolved by one day. It has been evolved day by day. The practice of Code was started for the first time in ancient Rome. 3or the first time in =ome, the charge of several professionals li*e< artist, doctor, animal farmer, were fixed. Then after thousands of year the present shape of law has evolved. The first effective labour Legislation in this sub continent is the Indian Factories Act, 1881. The act was passed on the basis on a report of (a&or (oore inspector'in'chief of the Bombay Cotton ?epartment in -@>!'>9. It was (a&or (oore who, for the first time suggested for provisions in the legislature to regulate the wor*ing conditions in factories. 1fter submission of the said report vis'A'vis on the pressure of the (erchants and moll'owners of BC the 3actories Bill for India was placed in the British 7arliament in -@>:. The cause behind the etageres of the merchants of 6ancashire for industrial laws in India was that they could ma*e less profits than other British mill'owners who established mills and factories in Bengal or Bombay in India. 4ince raw materials and labour were cheaper in the sub'continent the merchants of 6ancashire (ill'owners) 1ssociation with a view to put some restrictions upon the wor*ing hours and service conditions in the Indian factories managed to place the bill and the Indian Factories Act, -@@- $1ct Do EF of -@@-%was passed. The Indian Factories Act, -@@- applied to manufacturing establishments using mechanical power and employing -"" or more persons. 7lantation industries were exempted from operation if the 1ct. 1lthough provisions of the 1ct were far from satisfactory yet those, as the basement of factory legislation, played an important role in the field of labour and industrial legislation in the 4ub'continent.,@. The 1ct for the first time limited wor*ing hours of women wor*ers to eleven hours a day. The age for employment of children in factories under age of seven year was prohibited. 1 wee*ly holiday for children was introduced and a restriction was imposed upon wor*s of children at night. 1fter a lapse of -" years the Indian Factories Act, -@@- was repealed by the Indian Factories Act, -@5- $1ct EI of -@5-%. The British Government appointed a commission for India in -@5" who submitted report to the Government suggesting enactment of a new law. In the basis of the report of the commission the 3actories 1ct, -@5- was passed, it applied to all factories employing ;" persons and using power, minimum age for employment of children was fixed at 5 years. or*ing hours of children was limited to > hours a day with half an hour rest. or*ing hours for women was restricted at -hours with -'-H! hours rest. (ale wor*ers were also provided a wee*ly rest. 2alf an hour rest in a day for male wor*ers was also provided for in the 1ct. The Factories Act 1891 was again repealed and replaced in -5-- by the Indian Factories Act, 1911 $1ct EII of -5--%. The 1ct put restrictions upon daily wor*s of male persons. 1n adult male wor*er)s maximum hours of wor* was fixed at -! hours and that of children at # yours a day in textile industries. 4easonal factories were brought to the ambit of factory laws. The 1ct contained extensive provisions for health and safety and effective inspection of the administration of the factories. !stablishment of the International Labour "rgani#ation $IL"% in &'&' is an epoch ma*ing event in the history of 6abour legislation. British India as a member country of the I6I amended the 3actory 6aw in -5!!. By the amendments, all Industrial underta*ings using mechanical power and employing !" or more persons were brought under the 1ct. 2ours of wor* irrespective of gender were fixed at maximum 5 hour a day and #" hours a wee*. Ine hour rest was granted to wor*ers, for wor*s exceeding # hours. (inimum age of children for wor* was fixed at -!. 7ayment at a rate of -'-H! times of normal wages was provided for overtime wor*. Jmployment of women and children under -@ years of age were prohibited in dangerous process. The 3actories 1ct -5-underwent some amendments in -5!!,-5!# and -59- and finally the 1ct was repealed and replaced in -59:. The =oyal Commission on 6abour) was appointed by his (a&esty the Cing Jmperor in -5!5 to enquire into and report on the existing conditions of labour in industrial underta*ings and plantations in British India in the health, hygiene efficiency and standard of living of the wor*ers and on the relations between the employer and the employed and to ma*e recommendations. The commission examined the above aspects and submitted report in -59-. The commission in its reports interalia, made several important suggestions for amending of the factories 1ct. employer and the employed and to ma*e recommendations. The commission examined the above aspects and submitted report in -59-.The commission in its reports interalia, made several important suggestions for amending of the 3actories 1ct. (ainly in the basis of the recommendations of the =oyal Commission on labour the Factories Act, -@5- was repealed and altogether a new and comprehensive 1ct vi+, the Factories Act, -59: $EEF of -59:% was passed . The ma&or ob&ects of the 1ct was to reduce the hours of wor*,improve wor*ing conditions provide adequate inspection etc. The 3actories 1ct, -59: covered all manufacturing establishments and using power and employing !" or more persons. 4easonal and perennial factories were distinguished, ;: hours of wor* per wee* and -" hour wor*s a day in perennial factories for adults and #" hours per wee* in seasonal factories were provided. 2ours of wor* of children was reduced. Dew category of wor*er named Kadolescent) wor*ers was introduced Certificate of fitness for employment of child wor*er was made compulsory. ?ouble employment of children was prohibited. =estriction was imposed upon right wor* of women and children. 7ayment of overtime allowanceL-'-H! times of ordinary rate of wages retained. 7rovisions for health and safety have been amplified. Contravention of any of the provisions were made punishable, (inor changes in the Factories Act -59: was made by amending the 1ct in -59>, -5:",-5:-,-5::,-5:; and in -5:#. ?uring the 7a*istan regime the 3actories 1ct, -59: continued up to-5#;. The then Jast 7a*istan 1ssembly repeated the said 1ct and in its place re'enact the same and passed the East Pakistan Factories Act,-5#; $1ct IF of -5#;% The 1ct was passed in the 1ssembly on the ; th 1ugust, -5#; and was published in the Ga+ette dated -st 4eptember,-5#;.,5.

1fter liberation of Bangladesh on the !#th (arch,-5>- the 1ct remained in force. Do ma&or change in the 1ct has yet been made. The laws which this Code has replaced were made mostly during the British Colonial regime and 7a*istan period and they were as many as ;" in number. In many cases these laws were outdated, scattered, inconsistent and often overlapping each other. In -55! a CodeCommission was formed by the Government of the day which examined :: labour laws and recommended to repeal !> laws and it prepared a draft Labour Code in -55:. This draft of Labour Code,-55: underwent series of changes in its vetting stages and finally the Bangladesh Labour Code !""# was passed by the 7arliament on Ictober --,!""#.The Bangladesh Labour Code !""# is one of the very recent laws with ma&or overhauling changes in the field of labour legislation. ,-". Introducing Bangladesh Labour Code 2006 Repeal of the Previous Laws The British colonial regime and 7a*istan period there were many labour laws. In many case these laws were some words li*e Kwor*er) were outdated, scattered, inconsistent and other Kemployee) Kowner ) Kemployer) etc had different overlapping each other meanings under different laws. 1s a result sometime many problem. 4o in -55! a Codecommission was formed by the government of the day which examined :: labour laws and recommended to repeal !> laws and it prepared a draft Labour Code in -55:. This draft of Labour Code ,-55: under went series of changes in its vetting stages and finally the Bangladesh Labour Code !""# was passed by the 7arliament on Ictober --,!""#. The Bangladesh Labour Code !""# is one of very recent laws with ma&or overhauling changes in the field of labour legislation. 4ection 9;9 of the code has repealed !; previous labour related laws. The following laws are here by repealed. -. The ork!en"s Co!#ensation Act, -5!9 $FIII of -5!9%.

!. The Children $#leading o% labour& Act, -599 $II of -599%. 9. The ork!en"s Protection Act, -59: $IF of -59;%.

:. The 'ock Labourers Act, -59:$EIE of -59:%. ;. The Pa(!ent o% ages Act, -59#$IF of -59#%.

#. The E!#lo(er"s Liabilit( Act, -59@$EEFI of -59@%. >. The E!#lo(!ent o% Children Act, -59@$EEFI of -59@%. @. The )aternit( Bene%it Act, -595$IF of -595%. 5. The )ires )aternit( Bene%it Act, -5:-$EIE of -5:-%. -". The )otor *ehicles $'ri+ers& ,rdinance, -5:!$F of -5:!%. --. The )aternit( Bene%it $Tea Estate& Act, -5;" $xx of -5;" %. -!. The E!#lo(!ent $-ecords o% ser+ice & Act, -5;- $EIE of-5;!%. -9. The Bangladesh #lantation E!#lo(ees #ro+ident Fund ordinance , -5;5$EEEI of -5;5%. -:. The Coal )ines $Fi.ation o% -ates o% /ages& ,rdinance ,-5#" $EEEIE of -5#-%. -;. The -oad Trans#ort -#. The )ini!u! orkers ,rdinance, -5#- $EEFII of -5#-%.

ages ,rdinance, -5#-$EEEIF of -5#!%.

->. The Plantation Labour ,rdinance, -5#!$EEIE of -5#!%. -@. The A##renticeshi# ,rdinance, -5#!$IFI of -5#!%. -5. The Factories Act, -5#;$IF of -5#;%. !". The 0ho#s and Establish!ent Act, -5#;$FII of -5#;%. !-. The E!#lo(!ent o% Labour $standing orders& Act, -5#; $FII of -5#;%. !!. The Co!#anies Pro%its $ /orkers #artici#ation& Act, -5#@ $EII of -5#@%.

!9. The Industrial -elations ,rdinance, -5#5$EEII -5#5%. !:. The 1e/s#a#er E!#lo(ees $condition o% ser+ice& Act, -5>:$EEE of -5>:%. !;. The 'ock orkers $-egulation o% E!#lo(!ent& Act, -5@" $EFII of -5@"%.,--.

Introducing Bangladesh Labour Code 2006

There are still !; valid laws dealing with labour and industrial issues have not been repealed or consolidated and as such the Bangladesh Labour Code, !""# although a consolidated 1ct has nor consolidated all the laws in the filed. 3urthermore, although the name of the law is Bangladesh Labour Code, in fact, it is not a code rather a consolidating legislation only. -. 7rior to the promulgation of the Bangladesh Labor Code 2006( the total number of 1cts and Irdinances in this field was fift), of which< M -; were enacted during the British regime M !9 were enacted during the Pa*istan regime, and M -! were passed after the independence of Bangladesh !. In accordance with the ratified I6I conventions and with a view to creating a constructive environment, for the elimination of the imbalances that prevailed in the issues regarding development of congenial relations between wor*ers and employers, information about existing labor and industrial laws were sought from concerned sta*eholders, of both home and abroad. Increase of productivity, the enhancement of favorable environment for investment, the acceleration of industriali+ation in the context of the changed environment during the post independence period, were also studied. 9. To meet the aforesaid demand, the government formed a Dational 6abor 6aw Commission in -55!, with a view to enacting a modern, up dated and united labor law, headed by Nustice (ohammad 1bdul Ouddus Chowdhury, along with 9> other members representing every concerned quarter. :. 1fter two years of exhaustive study, the Commission submitted its report along with a draft of the unified modern and updated labor law in -55:. ;. 4ubsequently, the draft was reviewed by I6I and numerous Jmployers and or*ers

1ssociations and other human rights organi+ations in phases for the last twelve years, and at last it was promulgated on the --th of Ictober !""# as /Bangladesh 6abor 6aw !""#0 under the consensus of all the parties concerned. #. The salient features of the newly promulgated law are as follows< M Ine single modern updated code instead of the !; scattered 1cts and Irdinances M There are 9;: sections in !- different chapters in the 6aw M The scope and applicability of the law has been extended and definitions of different terms have been clarified. 1mbiguity regarding the age limit of a child has been eliminated. 1ccording to this law any person below the age of -: shall be treated as a child. M The issuance of an appointment letter and the Identity card for a wor*er has been made compulsory. M ?eath benefits have been provided for even cases of normal deaths or in cases of any deaths due to causes other than accidents during the continuance of the service. M The usual retirement age has been scheduled at ;> and at that time the wor*er shall be entitled to get all the benefits as are applicable under this law. Jven the case of a wor*ers) voluntary retirement, after his continuous service of !; years ! with his employer, is also a sub&ect which will come under this retirement benefit. M Child labor is prohibited even in non'ha+ardous regular wor* in an establishment. 1ppointment of adolescent and female wor*ers is prohibited during the nights and in dangerous occupations. M (aternity benefits have been increased to -# wee*s and the qualifying service length has been decreased to six months, but this benefit is limited only up to the birth of two living infants. M 4pecial importance is given on occupational health and safety and wor*ing environment. There are >@ sections exclusively on it out of a total of 9;: sections in the law. M (aintenance and preservation of safety record boo*s and introduction of group insurances have been provided for. M Time limits for payment of wages have been determined and a provision has been made to reali+e the unpaid wages through the court. M 7rovisions have been made for the declaration of sector wise minimum wage rates after an interval of every five years.

M 1mount of compensations in cases of death or in&ury because of accidents at the wor*place has been increased. 3or deaths, the amount of compensation has been ascertained at Ta*a. -"""""."" per wor*er and for a permanent total disability, the amount fixed is Ta*a -!;"""."" per wor*er. In case of an accident that may happen due to employer)s negligence, the compensation amount shall be double. M Do one, other than those in the pay'roll of the employer, shall be the member or officer of an establishment based basic trade union. M The purview of unfair labor practices on the part of the wor*ers, employers or the trade unions has been extended. M ?etermination of CB1 from amongst the establishment based basic trade unions has been made easier and the period of such determination has been fixed within a time frame of -!" days. M Industrial or craft 3ederations of trade unions, under certain conditions, have been given the &urisdiction to act as CB1 M 7rovisions have been made to form compulsorily participation committees in every establishment where ;" or more permanent wor*ers are engaged. M 6abor courts shall be the only courts to ad&udicate all issues under labor law and all appeals shall lie to the labor appellate tribunal M Time has been fixed for the ad&udication of each and every stage of the cases in the labor court to accelerate the procedure M Inly the wor*ers employed in an establishment, irrespective of their designation and wage scale are entitled to get the benefits of the participation fund and the welfare fund developed out of the profit of the company. M 7rovisions for provident funds have been made for the establishments run under the private management. M The punishments for the breach of the provisions of the labor law have been revised appropriately. Imprisonment has also been provided for along with fines. M 1 provision has been made to form a /Dational Industrial health and safety council0 to enact the national policy to ensure the occupational health and safety at the enterprise level. M 7rovision has been made for the strict implementation of the /Jqual pay for equal amount of wor*0 policy of I6I convention M 1ny discrimination or indecent behavior towards female wor*ers has been prohibited under the new law. 1rrangements for training on law was never provided for but now in this new law, training arrangement is made compulsory for the laborers. The wor*er participating in the training program shall be deemed to be in his or her official duty during continuance of such training. This unified law is applicable with equal force to all the industrial and commercial establishment as previous 0ho#s and Establish!ent Act21934 and other labour laws has been abrogated by the promulgation of this new Labour Code.,-!.

+pplication of Bangladesh Labour Code( 2006

1ccording to the Bangladesh Labour Code, !""# see'-$9% defines save as other wise specified close where in this code, it shall apply to the whole of Bangladesh. 1nd 1ccording to see'-$:% defines, 2ot with standing anything contained in sub'section $9%, this code shall not apply to' -. !. 9. :. offices of or under the government 4ociety printing press. Irdinance factories. Jstablishments for the interment or care of the sic*, inform aged, distillate , mortally deranged, orphan abandoned worn an or child or widow which are not run for profit or gains. 4hops or stalls in any public exhibition or show in so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purpose of such exhibition or show. 4hops or stalls in any public fair or ba+aar held for religious or charitable purposeP Jducational, training or research institutionsP 2ostels and messes not maintained for profit or gainP In respect of Chapter'II, any shop or commercial or industrial establishment owned and directly managed by the Government where the wor*ers are governed by the Government Conduct =ules. or*ers whose recruitments and conditions of service are governed by laws or roles made under 1rticles #!, >5, --9 or -99 of the Constitution, except, for the purposes of Chapters Twelve, Thirteen and 3ourteen, wor*ers employed by the 8


#. >. @. 5.


-. !. 9. :. ;. --.

=ailway ?epartmentP Telephone, Telegraph and 7ostal ?epartmentsP 7ublic or*s ?epartmentP

7ublic 2ealth Jngineering ?epartmentP Bangladesh Government 7ress. wor*ers employed in any establishment referred to in clauses $b%, $c%, $d%, $e%, $f%, $g% and $h%, except, for the purposes of Chapters Twelve, Thirteen 1nd 3ourteen, wor*ers other than teachers, employed by any universityP Icean going vessels, except for the purposes Chapter 4ixteen. 1gricultural farms where less than ten wor*ers are normally employedP ?omestic servantsP and Jstablishments run by owners with the aid of family members and without employing wor*ers for wages.,-9.

-!. -9. -:. -;.

The Changes brought b) Bangladesh Labour Code 2006 1ll relevant laws are now included in one document. In the whole, this new legislation constitutes a progress with regards to the previous legal framewor*. Improvements include the extension of maternity leave from -! to -# wee*s, and the facilitation to create trade unions in specific sectors. 1lso, all prosecutions for offences in the Labour Code !""# must now ta*e place in the 6abour Court 8 rather than in the (agistrates Courts as before 8 and the court should follow the Criminal 7rocedure Code $section 9-9$-%%. Complaints can be lodged either by an inspector ,4ection 9-5$;% allows an inspector to /lodge a complaint to the 6abour Court with regard to commission of any offence0. or an /aggrieved person or trade union0 8 but they must be done so within six months of the commission of the offence $section 9-9$!%-!. 2owever, several actors pointed to the fact that the new Codeis still wea* on many issues. In or*ing hours for example, the legislation is wea*< it fixes the wor*ing hours of a wor*er to a maximum of -" hours a day, but specifies that /exception may be allowed in general or in particular for any establishment with the conditional permission0.

Remuneration and other Benefits

Gratuity -. 7revious law excluded the gratuity on discharge from the wages of a wor*er but the new law includes it as part of the wages. !. The word /gratuity0 was never defined anywhere in the earlier Code but the new law defines it properly in section ! $-"% where it is defined as the amount of the wages of at least 9" days payable to a wor*er who wor*ed in a factory not less than # months at the expiry of herHhis employment. 9. 7revious law provided only the exclusion list with the definition of the wages but the present law provides both the inclusion and exclusion lists to ma*e a complete sense. :. 7rovident fund is considered to be the wages and is payable within 9" days of the expiry of the employment.

Fixation o !age "eriods and ti#e o "ay#ent o !ages

The person responsible for the payment of wages of the wor*er shall fix a period of wages and accordingly pay it as per the time given in the law. 4ection -!! guides the paymaster to fix a period not exceeding 9" days and section -!9 provides that payment shall be made within seven wor*ing days of the expiry of a wage period. There is a big change. In previous law, where there is less than -""" wor*ers employed, the employer had to pay before the expiry of the >th day from the end of the wage period and in the railway or any other factory or industry , the employer had to pay before the expiry of the -" th day from the end of the wage period.

$eductions ro# the !ages

4ection -!; of the Labour Code !""# deals with the deductions made from the wages of the wor*ers. 3ollowing are the deductions valid under the present law< -. 3ines under section !; $section !;, however, states that no fine shall be allowed more than one'tenth of the total wages receivables by a wor*er in a particular wage period and no fine for a wor*er aged below -;%P !. ?eductions for absence from dutyP

9. ?eduction for damage or loss of goods entrusted upon the wor*er in herHhis custodyP :. ?eduction for house accommodation supplied by the employerP ;. ?eduction for such amenities or services supplied by the employer as the government has authori+edP #. ?eduction for recovery of advances or for ad&ustment of overpaymentsP >. ?eduction for Income tax payable by the wor*erP @. ?eduction for subscription to and for repayment of advances from the provident fund. 5. ?eduction for the payment to the co'operative societies approved by the government. Bp to these 5 points the new law remains exactly the same as section > of the earlier 7ayment of ages 1ct -59#, but the new law added more deductions li*e deductions for the subscription of CB1 Bnion in chec*'off methodP deduction for any welfare fund formed by the employer and authori+ed by the Government.

Grie%ance "rocedure in case o illegal deductions or delay in "ay#ent

1pplication by the wor*er herHhimself or herHhis successor in case of herHhis deathP 1pplication to the labour court onlyP 1pplication within -! months from the date of such illegal deduction or the date of the payment being due, but the court can ta*e it even after the expiry of the said periodP Bp to !;Q as compensation on the wages due at that time may be orderedP Do court fee is payable by the aggrieved wor*erP rather, if the wor*er wins the case it is the owner who shall reimburse the payable court feesP 4ingle application on behalf of all the wor*ers so aggrieved. 1t present, the Chairman of the 6abour Courts is only eligible to hear the casesP previously, the limitation period was only six months, now it is twelve months.

&ro%ident Funds or !or'ers

4ection !#: of the 6abor 6aw !""#, provided for an establishment of a 7rovident 3und if so demanded by the three fourths of the total wor*ers employed in a factory. The section also provided for the following< -. It may constitute for the benefits of the wor*er in the private sector. !. 4uch provident fund shall be constituted prescribed by the rules. 9. The Government may ma*e rules for constitution of provident fund. :. 4uch 7rovident 3und shall be held and administered by a Board of Trustee. ;. 4uch Board of Trustee shall consist of an equal number of representatives of the employer and wor*ers employed in the establishment, and a person nominated by the Government shall be its Chairman. #. =epresentative will be nominated by the employer and collective bargaining agent. >. The above nomination shall be under the supervision of the ?irector of 6abour. @. 1ll the representatives shall hold office for a period of two years. 5. 1 permanent wor*er shall subscribe to the fund not less than seven percent and not more than eight percent from his basic wage unless otherwise mutually agreed. -". In the case of provident fund one fourth of total wor*ers will claim in writing to their employer. --. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period. -!. 1t least half of the total accumulations shall be invested for the purpose of any of the following, namely< a% I.C.B. (utual 3und Certificates.

b% I.C. B. Bnit certificates and c% Government securities including ?efence and 7ostal 4aving Certificates -9. The cost of maintenance shall be borne by the employer. -:. The accounts of provident fund shall be audited. -;. 1 statement of account together with audit report shall be forwarded to the director of 6abour within one month of the submission of audit report. -#. here the government is satisfied, he may by order exempt the establishment from the operation of this section.

->. 1 provident fund shall be deemed to be a public institution for the purposes of the Pro+ident Funds Act, -5!; $EEIE of -5!;%. -@.Jstablishment in private sector means an establishment which is not managed directly by the Government.

$eath bene it
If any wor*er died after completing 9 $three% years continuous service with an employer, the wor*er shall be entitled to get benefits for 9"'days) wages for each completed year or service, or six'months thereof, or gratuity, whichever is higher. The wor*er shall get this benefit in addition to herHhis other emoluments during the retirement. This is also a new addition to the Code as previously no Code has provided for the death benefit except for the wor*er. age Board award for the Dewspaper

,or*ing -ours and Leaves

4ection -"" ma*es a provision of @ wor*ing hours a day for an adult wor*er, but an adult wor*er may wor* -" hours a day provided all the conditions of section -"@ have been fulfilled. 1ccording to that section, the employer is required to pay the wor*er, overtime, double the rate of herHhis usual wages. i.e. basic & dearness allowance, if any. The employer is also required to maintain an overtime register as per the law. ?aily hours has been reduced to @ hours' a'day from previous 5 hours'a'day in different 1cts that have been repealed.

(ee'ly hours
The new law ma*es a provision of total :@ $forty eight% wor*ing hours for a wor*er, but it can be extended up to sixty hours, sub&ect to the payment of overtime allowances as per section -"@ of the law. 2owever, an average of ;# wor*ing hours per wee* in a year for a labour must not be exceeded under any circumstances. But the new law ma*es a provision for exemption approved by the government if it thin*s so fit. ,-:. Jxemption clause has been inserted in the new law, by which the government is empowered to exempt any of the factories for the purpose of this rule for a maximum period of six months at a time.

Festi%al holiday.&/0
-% Jvery wor*er shall be entitled to eleven days festival'leave for every calendar year. The employer shall, at the beginning of the year, fix the day and date of such leaves. !% The employer may require any wor*er to wor* on a festival holiday provided that two days additional compensatory holidays with full pay and one alternative holiday should be given to herHhim under section -"9. 3estival holiday has been increased by a day in the new Code!""#.

)ic' lea%e .&60

1ll wor*ers employed in a factory shall be entitled to get -: $fourteen% days sic* leave with full average wages. 7rovided, such a leave shall not be granted unless a =egistered 7hysician employed by the employer or any other =egistered 7hysician has certified herHhis illness. Jarlier laws provided for the same period of leave with half average wages, whereas, the new law ma*es provisions for the sic* leave to be one with full average wages. The requirement for certification by a =egistered 7hysician does not exist in the earlier laws. 2owever, it has been added to the new law.

1aternit) Benefits

*aternity lea%e In section :# of the new Labour Code !""# provisions have been created for maternity leave of -# wee*s $@ wee*s before and @ wee*s after the delivery%. But the law also ma*es a provision that no wor*er shall be entitled to receive the benefit unless she has served under the owner for a minimum period of six months prior to the notice of the probability of the delivery. 7rior to this, 4ection 9 of the (aternity Benefits 1ct, -595 provides maternity leave of -! wee*s $# wee*s before and # wee*s after the delivery%. The new law increases the maternity leaves to sixteen wee*s from twelve wee*s and decreases the duration of the qualifying service period 8 for availing the benefit 8 to six months from 5 months. 1lso, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children.

&rocedure o "ay#ent o the #aternity bene it

Three options are open to the mothers as per section :> of the new Labour Code< -. The owner shall pay the total benefits payable for the preceding @ wee*s within 9 days from the submission of the certificate of the probability of delivery $childbirth% by a =egistered 7hysician and shall pay the remaining amount after three wor*ing days of the submission of the proof'of'delivery. !. The owner shall pay the benefits payable for the preceding @ wee*s including the day of the delivery within 9 days from the submission of the proof of delivery and pay the remaining within the next eight wee*s after the proof of delivery is submitted 9. The owner shall pay all the benefits payable within 9 days from the submission of the proof'of'delivery to the owner. 7reviously the procedure was guided by the (aternity Benefits 1ct. -595. 4ection ; of the aforesaid 1ct provided more stringent payment procedure as there was the provision of payment within :@ hours after the certificate from any physician was submitted, whether there remains any wor*ing day or not. Changes have been made in favor of the management, as the management is required to pay the benefit within three wor*ing days. 1s per the earlier law, it was binding upon the management to pay the benefit within :@ hours only.

!mplo)ment of +dolescent
4ection 9: of the new Labour Code creates a bar on the appointment of children in any establishment. The section states as follows 2 M Do child shall be required or allowed to wor* in any factory 3 M 1n adolescent who has completed fourteen years of age shall not be required or allowed to wor* in a factory unless< -. 1 certificate of fitness granted to herHhim under section #@ is in the custody of the manager of the factoryP !. 4uch adolescent carries a to*en 8 giving a reference to such certificate while he is at wor*P 9. Dothing in this section shall be applicable to an adolescent employed in any occupation or in a factory as an apprentice for vocational trainingP :. If the Government considers appropriate, it may as well waive the enforcement of the pre'conditions of the employment of an adolescent for a particular period. In the present law child means a person who has not yet completed his fourteen years of age. 1dolescent means a person who has completed herHhis fourteen years but has not completed herHhis eighteen years of age. In the earlier laws, the term 5child6 was used to mean a person who had not completed -# years of age and the term / 7oung Person6 was used to mean and include both the child and adolescent. Bnder the earlier law, even a child could have obtained a fitness certificate to get a &ob in a factory. But in the new law, child means a person who has completed herHhis fourteen years of age and adolescent means the person who has completed sixteen years and has not completed eighteen years of age. The present law specifically prohibits employment of children and ma*es a provision for fitness certificates for the adolescent only. Jxception< 1 child who has completed twelve years of age, may be employed in such light wor* as not to endanger his health and development or interfere with his education. 7rovided that the hours of wor* of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. $as per section ::%

+estriction o a""oint#ent o adolescent in certain !or'

4ection 95, :" and :! of the new Labour Code reports some activities for which the employment of the adolescent is strictly prohibited. 1s per the above mentioned sections, the employment of the adolescent are strictly restricted for the following activities< M Cleaning of the machinery while it is in motion. M 6ubrication or for other ad&ustment operation of the machinery while it is in motion. M 1ny wor* in'between the moving parts of a machine. M 1ny wor* under ground or under water.

4efinition of !mplo)er
The Term Jmployer is defined in section !, 4ubsection $E6IE%, previously the term was defined in different law for different purposes li*e for payment of wages, for Jmployment, for 3actories and for 4hops and establishment. But the new law provides a single definition to cover all the purposes. 1s per the above section any person in relation to an establishment who employs wor*ers therein and includes< M 1n heir, 4uccessor, 1ssignees, Guardian or legal representative of such persons M (anager or the person responsible for the management and control of the establishment M The authority appointed by the government or the head of the (inistry or division concerned for the 4tate owned establishment M Ifficer appointed for the purposes or where no such authority is appointed the CJI of the 6ocal authority for the establishment run by the local authority. M 3or any other establishment, the Iwner of the establishment and every director, (anager, 4ecretary or the agent of such persons M The person in occupation of the establishment or the person in ultimate control of the establishment

5orced labour
3orced labour is strictly prohibited by the Constitution of the 7eoples =epublic of Bangladesh. Therefore, any 6aw approving forced labour is +oid ab initio as per the constitutional framewor* of legislation in Bangladesh. 1rticle 9: of the Constitution of the 7eoples =epublic of Bangladesh stated as follows< R'/All %or!s o% Forced Labour are #rohibited and an( contra+ention o% this #ro+ision shall be an o%%ence and shall be #unishable in accordance /ith the La/0 1gain, the two I6I fundamental rights Conventions $nos. !5 and -";% also addresses the abolition of forced labour, and Bangladesh has ratified these two conventions long time ago. But, this constitutional guideline is still ignored in the new Codeas the 6aw has not defined the word %orced labour in it and has not provided for the punishment and procedure thereof. -; Therefore, forcing the wor*er to wor* in a factory for days together continuously by the factory owners against their intention should be strictly prohibited and law should address this issue as per our Constitution and ratified I6I Conventions.

1ny discriminatory behavior on the basis of sex, color and creed is totally prohibited in any law in Bangladesh. 1rticles !> and !@ have provided a guideline to the legislator to ma*e the discrimination free environment in every wal* of national life. 4ection 9:; of the Code is, however, noteworthy in this connection. The section is stated as follows< /In determination of the wages for a wor*er or in fixation of the minimum wages equality irrespective of the sex of the wor*er, shall be maintained. Do discrimination in this regard shall be tolerated by law0. 1rticle !> of the Constitution is stated as follows< R'/All citi8ens are e9ual be%ore La/ and are entitled to e9ual #rotection o% La/ 0 1rticle !@ of the Constitution is stated as follows< R'/The 0tate shall not discri!inate against an( citi8en on the grounds o% religion, race, caste, se. or #lace o% birth .0 Therefore, discrimination on the grounds of any of the above issues is prohibited in the country. Classification of ,or*ers 4ection : of the new Labour Code of !""# classifies the wor*ers into following classes<

a% 1pprentices b% Badlies $transfer wor*ers% c% Casuals d% Temporary e% 7robationer and f% 7ermanent There is no change in the classification of labour. But in the calculation of the period of probation, the earlier laws included all the leaves and stri*es and loc*outs during that period which the new law has ignored and refrained from specific provisions in this regard.

Calculation of Continuous 6ervice

4ection -: of the Code provides for the method of the calculation of the continuous service period of a labour for the purpose of this law in the following manner< M If the actual number of the wor*ing days of a wor*er is !:" during the previous twelve calendar months he or she shall be deemed to be wor*ed for a continuous period of one year. M If the actual number of the wor*ing days in the previous twelve calendar months is -!" days sHhe shall be deemed to be employed there for a continuous period of six months. 3or counting continuous service, the following issues will come under consideration< M ?ays the wor*er was laid offP M ?ays of leave with or without wages due to accident or illnessP M Don'wor*ing days due to legal stri*e or illegal loc* outP M ?ays on maternity leave for a female wor*er. Do significant change has been noticed in this purpose except for the inclusion of the number of days) not'wor*ing due to legal stri*e or illegal loc*out. 1nd for calculation of six months of continuous employment the number of actual wor*ing days is -!", which was previously -:".

4ection !9 of the Code law deals with the dismissal of the wor*er on the ground of misconduct and conviction. The section ma*es room for the employer to dismiss a wor*er without serving herHhim a notice or the payment in lieu thereof for the following two grounds< If the wor*er is convicted by any criminal court If herHhis misconduct is proved under section !: of the Code. (isconduct, as defined in that section, is< illful insubordination, alone or in combination with others, to any lawful or reasonable orderP Theft, fraud or dishonestyP =eceiving or giving bribesP 2abitual absence, without leave, for more than ten daysP 2abitual late'attendanceP 2abitual breach of any rule or law applicable to the establishmentP =iotous or disorderly behaviorP 2abitual negligence or neglect of wor*P 3requent repetition of a wor* on which fine can be imposedP =esorting to illegal stri*e or go slow or instigating others to do soP

3alsifying, tampering the official document of the employer. The new law ma*es a provision of lighter punishment in case of the misconduct. 4ub section ! of section !9 says< 1ny wor*er, against whom misconduct has been charged and proved, may be punished by any of the following punishment other than dismissal from the &ob< =emoval ?emotion to lower gradeP ithholding promotion for at least one yearP ithholding increment for an yearP Imposition of fineP Temporary suspension without wagesP Censuring and warningP

"ccupational -ealth( 6afet) and ,elfare

4ection #! deals with the provisions for measures to be ta*en by a factory to avoid dangers and damage due to fire. The section provides for the following< -. 1t least one alternative exit with staircases connecting all the floors of the factory building as described in the rules for each and every factory. !. Do door affording exit can be loc*ed or fastened during the wor*ing hours so that they can be easily or immediately opened from inside. 9. The doors affording exit must be open outwards, unless it is sliding in nature, if the door is between two rooms it must open in the direction of the nearest exit. :. (ar*ing in red letter in proper si+e, in the language understood by the ma&ority of the wor*ers, on such doors, windows or any alternative exit affording means of escape in case of fire. ;. There shall be an effective and clearly audible means of fire'warning system to every wor*er. #. There shall be a free passage'way giving access to each means to escape. >. here more than ten wor*ers are employed other than in the ground floor, there shall be a training for all the wor*ers about the means of escape in case of fire. @. There shall be at least one fire'extinction parade and escape'drill at least once a year in a factory where more than fifty wor*ers are employed. The new law ma*es a provision of an alterative staircase affording means of escape connecting all the floors. 3ire extinguishing and escape parade shall be arranged at least once every year.

)a ety o building and #achineries

4ection #- of the Labour Code !""# provides for the measures to be ta*en as regards the safety measures related to building and machineries. The present law entrusts everything to be done in this regard with the Inspectors. The section goes as follows< -. If it appears to an Inspector that any building or part thereof or any passageway or machine of the factory is in such a condition which is in&urious for the life and health of the wor*ers wor*ing therein, the Inspector may issue an order to the owner of the factory to ta*e necessary steps immediately within the specified time therein. !. If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of the wor*er, he shall issue an order to repair or alter that immediately failing which, to not run the factory unless and until the building is so repaired or replaced. Jarlier laws didn)t empower the Inspector to stop the operation of a factory in a ris*y building but the present law has given sufficient discretion on the part of the Inspectors to ta*e necessary steps so as to ensure building security and the li*e.

(el are
4ection @5 of the Code provided the following< -. 3irst 1id boxes or cupboard equipped with the contents prescribed by rules should be provided in every establishments !. 1 well equipped first aid box or cabinet for every -;" labour 9. 1 person, who has to be always available in the factory, trained in first aid *nowledge assigned for every first aid box :. Dotice regarding the availability of that person in every wor*ing room and a special badge issued for that person

;. 1n ambulance and a well'equipped dispensary for every 9"" wor*ers employed in a factory. The facility of ambulance and dispensary has to be provided by the owners of the factories in which at least 9"" wor*ers are employed. 7reviously, this facility was required for factories with a minimum of ;"" wor*ers.

4ection 5! of the Code provides a canteen for every -"" wor*ers as opposed to the earlier 3actories 1ct which provided a canteen for every !;" wor*ers. Dumber of wor*ers per canteen has been decreased to ensure better canteen facility. 1ll other provisions related to the management and quality of the services and food in the canteen remains unchanged.

)helters, rest roo#s and lunch roo#s

4ection 59 of the new Labour Code ma*es a provision of a rest room for every ;" or more wor*ers and a separate rest room for the female wor*ers numbering over !;. But if the number of female wor*ers is below !; then the factory management shall manage a curtain in the same rest room to create a separate resting space for the female wor*ers. 2ere, the required minimum number of wor*ers for a rest room has been decreased to ;" from -"" and a separate rest room provision for female wor*ers came into being in the new law.

+oo#s or children
The new law has made a provision of a children)s room for every :" female wor*ers with children below # years of age. The room is required to be of such an area so that it can provide #"" square centimeters $previously it was !" sft% of space for each child and the minimum height of such room shall not be less than 9#" centimeters. =equired minimum number of the female wor*ers, with children below # years of age, has been decreased to :" from ;", for a children)s room in a factory.

-ealth and -)giene

$rin'ing !ater 4ection ;@$-% of the Code provides for an effective arrangement of sufficient supply of wholesome drin*ing water conveniently located at suitable point for all wor*ers. The section further provides for the following $!% The word /'rinking /ater0 shall be legibly mar*ed on the placeP $9% Cooling the drin*ing water in a factory during the hot weather where more than !;" wor*ers are employedP $:& ,ral -e2h(dration Thera#( for the wor*ers, wor*ing close to the machine producing excessive heat. 1 number of changes are there in the new legislation in this regard< M The 3actories 1ct -5#; made a provision that the drin*ing water cannot be located in any place within !" feet of distance of latrines, urinals, or washing' places, but the new law has directed for a place convenient to all. M Iral re'hydration therapy has been instructed for installation for the employees wor*ing close to machines producing excessive heat.

4ection ;#$-% of the Code !""# ma*es provisions for required spaces for a single wor*er employed in a factory. 3ollowing are the points important in this regard. $!% 5.; $Dine and half% cubic metres of space for every single wor*er in a factoryP 3or calculating the dimension of the aforementioned'space, ignore the height beyond :.!; meterP

$9% The 3actory shall post a notice in each wor*room, specifying the maximum number of wor*ers who can be employed therein as per the above calculation, if the Inspectors so requireP $:% The Inspector can exempt any wor*room of any factory from the compliance of this rule if satisfied that for the health of the wor*er it is not necessary. Do noteworthy change is there except for the conversion of the measurement of space in the metric system from the existing British system.

$ust bins and s"ittoons

4ection #" of the present law deals with the provisions of dustbins and spittoons. The sections provides for the following< -. Jvery factory shall provide sufficient number of dustbins and spittoons at convenient places in clean and hygienic conditions !. Do person shall spit or litter except in the spittoon or bins, *ept and maintained for this purpose 9. 1 notice shall be posted at every conspicuous places for the wor*ers to the effect that /4pitting or littering in contravention of clause ! is a punishable offence0. 7reviously the provision was only for the spittoonsP however, now it is paraphrased as / 0#ittoons and 'ustbins0 to include littering as well. The earlier laws made the provision of a Ta*a ! fine for the violation of the spitting rules which is eliminated in the new law and only a notice has been provided for to that effect.

Industrial "rgani#ation
$eter#ination o the Collecti%e Bargaining Agent .CBA/ 4ection !"! of the new Labour Code deals with the provisions relating to the determination of Collective Bargaining 1gents $CB1%. The 6aw provides for the following procedure< -. here there is only one trade union, that trade union shall be ta*en as the Collective

Bargaining 1gent $CB1% for that establishment !. here there are more than one trade union in an establishment, the =egistrar shall ta*e necessary steps to elect the Collective Bargaining 1gent, upon the application of any of the trade unions having members of more than one third of the total wor*ers employed in the establishment 9. Bpon the receipt of the application as above the =egistrar shall, by notice in writing, communicate to all the trade unions as to whether they would want to contest for the secret ballot for their representation in the CB1 or not 8 giving a time limit of fifteen day :. If a trade union fails to indicate within the time specified in the notice, its desire to be a contestant in the secret ballot, it shall be presumed that it shall not be a contestant in such a ballotHpoll ;. Jvery employer shall ' $a% In being so required by the =egistrar, submit to the =egistrar a list of all wor*ers employed in the establishment, excluding those whose period of employment in the establishment is less than three months or wor*ers with records of insubordination and negligence'to'duty $b% 7rovide such facilities for verification of the list submitted by herHhim as the =egistrar may require. #. In receipt of the list of wor*ers from the employer, the =egistrar shall send a copy of the list to each of the contesting trade unions and shall also affix a copy thereof in a conspicuous place of herHhis office and another copy of the list in a conspicuous place of the establishment >. The ob&ection, if any, received by the =egistrar within the specified time shall be disposed of by herHhim after such enquiry as he deems necessary @. The =egistrar shall ma*e such amendments, alterations or modifications in the list of wor*ers submitted by the employer as may be required by any decision given by herHhim on ob&ections received under previous sub'section

5. 1fter amendments, alterations or modifications, if any, made under above sub'section or where no ob&ections are received by the =egistrar within the specified time, the =egistrar shall prepare a list of wor*ers employed in the establishment concerned and send copies thereof to the employer and the contesting trade unions at least four days prior to the date fixed for the poll. -". The list prepared under the aforesaid sub'section shall be deemed to be the list of voters and every person whose name appears in the list shall be entitled to vote to elect the Collective Bargaining 1gent. --. Jvery employer shall provide for such facilities as are required by the =egistrar to conduct the poll. -!. Do person shall canvas for vote within a radius of fifty yards of the polling station -9. 3or the purpose of holding the secret ballot to determine the CB1, the =egistrar shall do the following< a. 3ix a date and intimate the same to the contesting trade unions and the employer b. 4et the sealed ballot boxes, which are sealed in presence of the representative of each of the contesting trade unions if any one present c. Conduct the poll in the polling stations where the representative of the contesting trade unions shall have the right to enter d. Count the votes in presence of the representative of the contesting trade unions if anybody is present e. ?eclare the result and the name of the elected Collective Bargaining 1gent. -:. here a registered trade union is declared as the Collective Bargaining 1gent according to the above rules, no such application for the determination of the CB1 shall be entertained within the subsequent two years.

0he +ight o the Collecti%e Bargaining Agent

The Collective Bargaining 1gent in relation to an establishment or group of establishments shall be entitled to' i. Bnderta*e collective bargaining with the employer or the employers on matters connected with the employment, non employment or terms of employment ii. =epresent all or any of the wor*men in any proceedings iii. Give notice of and declare a stri*e in accordance with provisions of the law iv. Dominate representatives of wor*men on any committee, fund constituted as per the provisions of law or agreements. Changes made are the following -. The previous law required a trade union for being a CB1 to consists of at least one'third of wor*ers as its member, even if it is the only trade union in the establishment but the new law has made a direct provision that if there remains only a single trade union, then that shall be treated as the Collective Bargaining 1gent !. The registration of the trade union which acquires less than -"Q of vote in a poll for determination of CB1 shall stand cancelled forthwith 9. The new law provides for a right to the Collective Bargaining 1gent $CB1%, in addition to the right of representation of the wor*ers in a proceedings, the right of litigation for and on behalf of the one or all of the wor*ers under this 1ct

0rade 1nions
3or the purpose of the industrial relations the word wor*er means and includes every wor*er as defined under section !$#;%, and any labour who is laid off, retrenched , discharged or dismissed or otherwise terminated for which an industrial dispute has been arisen 3 But it doesn)t include any security staff li*e guards and fire fighter or any confidential assistant etc. 4ection -># of the new Labour Code deals with the provisions related to trade union and freedom of association< M 3undamentally to control the relation between wor*ers and wor*ers, or*ers and

employers or employers and employers, without distinction whatsoever, shall have the right to establish and &oin the union of their choice sub&ect to the constitution of the respective trade union

M Basically to control the relation between wor*ers and wor*ers, or*ers and employers or employers and employers, without distinction whatsoever, shall have the right to establish and &oin the union of their choice sub&ect to the constitution of the respective association M The employers and the wor*men shall have the right to form a federation of their trade Bnions and they can also affiliate that federation with any international federation or confederation of trade unions M The trade unions and the associations of the employers shall have the freedom to adopt any constitution as per their choiceHrequirement.

6ettlement of Industrial 4ispute

4ection !-" of the present law deals the procedure as the following< -. If at any time any employer or the Collective Bargaining 1gent finds any dispute is li*ely to arise, it shall communicate the other party in writing !. The recipient of the above'mentioned communication shall ta*e initiative to arrange a negotiation within fifteen days of the receipt of the communication.

The proceedings under the above arrangement between two parties shall be treated as negotiation and if they are to produce a positive solution to the disputed issues, a settlement deed shall be executed and be sealed and signed by both the parties 3 1 copy of the settlement deed shall be forwarded to the Government and the Conciliator thereupon.

If the above mentioned negotiation fails, then it shall be forwarded to the Conciliator for the process of conciliation. -. If the dispute is settled through conciliation the Conciliator shall report it to the government along with the settlement deed. !. The conciliation shall be treated as to have failed, if it cannot reach any conclusion even after 9" days of initiation. 7rovided it can be extended beyond the period if both the parties agree in writing. 9. If it fails the conciliator shall try to manage the parties in dispute to refer the matter to an arbitrator :. If the parties disagree about the 1rbitration the conciliator shall issue a certificate that the conciliation has failed.

hen both the parties agree to refer the dispute to an 1rbitrator then the matter shall be forwarded by the conciliator to the concerned 1rbitrator $chosen by both the parties%. The relevant procedure is as follows< -. 1n arbitrator shall be a person from the list made and maintain by the government in this regard or any person mutually agreed upon by the parties !. 1rbitrator shall ma*e an award within thirty days or within any 7eriod, mutually agreed upon after the matter is received 9. The 1rbitrator shall provide a copy of the award to the parties and to the government as well :. Do appeal shall lie against the award of the 1rbitrator ;. The award shall be valid for a term not more than two years.

)tri'e and Loc' -ut

4ection !-- of the new Labour Code deals with the provisions of the stri*e and loc*'out in an industry and other establishments. The relevant procedure is as follows<

-. The party raising the industrial dispute, within a period of fifteen days of the receipt of the certificate of failure from the conciliator shall serve a written notice of 4tri*e or loc* out whatever is applicable, and the party also mention the date of commencement of the aforesaid stri*e or loc* out within > to -: days of serving such notice or the party raising the dispute may file a case to the labour court, on the matter !. Do such notice of stri*e shall be issued by the CB1 unless a secret ballot is held in this behalf under the supervision of the Conciliator and three fourth of the members of the CB1 opted for the stri*e 9. hen the stri*e or 6oc*'out has already commenced, then any party can go to the

labour court for the settlement of dispute :. The Government can stop any stri*e or loc*'out if it continues up to a period of 9" days, provided the government can stop it before the expiry of the above period, if it believes that it is expedient for public interest. In earlier laws there were provisions of &oint application to the labour court by both parties at any stage of the commencement or before the commencement of the stri*e or loc*'out, but in present law this provision has been removed.

&rocedure o the Labour Court

M The 6abour court shall follow the summary procedure of the code of Criminal procedure as described in chapter EEEF of the aforesaid 1ct and for this purpose the court shall be deemed to be a criminal court. M The 6abour court in trial of an offence shall be treated as a court of a (agistrate first class but in case of imposing penalty it shall have the &urisdiction of a Court of 4ession. 4 !-; Changes in the 7resent 6aw are< M 1s per section 9-9 of the Code !""#, no (agistrate court can try the offences under this 1ct. But previously (agistrate could try the offences. M 1nother big change is brought about in determining limitation in ta*ing cogni+ance of offence in section 9-: of the Code!""#. 1s per that section no labour court shall ta*e cogni+ance of any offences after six months of the date of the offences alleged to have been committed. 1a7or labour rights violation e8isting after the Labour Code ?espite recent improvements described above, the mission, through factory visits and interviews with various actors confirmed that ma&or labour rights violations are still found in Bangladesh factories, including<

although unions exist as federations, they are de facto prohibited at the factory levelP participation committees, where they exist, consist of wor*ers appointed by the management while they should be chosen by the wor*ersP Do living wage< the legal minimum wage, where implemented, is insufficient to cover basic needsP wages are paid with delay and overtime is often not paid in accordance with the lawP,->. Do access to remediesP Jxcessive wor*ing hours, inappropriate maternity leave and benefits, harassment, bloc*ed exits, etc. 1t a view'exchange meeting at ?ha*a =eporters) Bnity auditorium, she said a total of @" percent wor*ers would be deprived of its benefit as agricultural and domestic wor*ers have been *ept out of its purview. The maternity leave has been extended to -# wee*s from -! wee*s, but the way it has been fixed before and after giving birth to a child. It would not let the female wor*ers to en&oy the leave according to their needs, the said. The amount of compensation fixed for the wor*ers in the law is not time worthy and it should be re'fixed at T* 9'; la*h. 4ection -99 of the law provides that any due wages of a wor*man declared by a labour court shall be recoverable as a 7ublic ?emand =ecovery $7?=% at a district level civil court. It implies a legal fight for a poor wor*man year after year to get his due wages. In the other hand, any compensation unpaid by the factory owners, will be exactable in the manner land revenue is collected. 4o, the question remains unanswered as to who is going to recover the 7?= and land revenue for a wor*man. In this regard ?r 4hahdeen (ali*, a lawyer of the 2igh Court said, if an aggrieved labourer has to go to a certificate court to recover his compensation and due wages, the labour court remains a quasi court.

The law has been passed hurriedly *eeping the labour fronts in the dar*ness. It limits the emplovees from ta*ing part in trade union activities as it provides that there can be only one labour union in an entire industrial area. Ine of the fundamental aims of framing the Codeafresh annulling !> old ones was to

have a modern law. But unfortunately, it has been another outdated law flawed with absence of adequate instruments to ensure welfare of the labourers, said legal experts. Recommendations 9 Conclusion -. !. Jnsure adequate implementation of international covenants ratified by Bangladesh, and submit initial report to the BD Committee on Jconomic, 4ocial and Cultural =ights $CJ4C=%P =atify I6I conventions, among which the following deserve to be recogni+ed a high level of priority< IL, ,ccu#ational 0a%et( and ;ealth Con+ention, -5@-P IL, ,ccu#ational ;ealth 0er+ices Con+ention, -5@;, and IL, Pro!otional Fra!e/ork %or ,ccu#ational 0a%et( and ;ealth Con+ention, !""#P Jnsure effective and impartial labour administrationP increase effectiveness of 6abour inspections and 6abour courts, notably by allocating adequate resources for their proper functioningP =evise and increase the minimum wage so as to ensure it covers basic needsP Jnsure that garment villages pro&ects do not have adverse impacts on the en&oyment of human rights and in particular on women)s rightsP Jnsure that investment agreements do not contain provisions that may have a negative impact on the en&oyment of human rights in Bangladesh.


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6abor problems constituted a serious menace to the society, and needed solution, if not to eradicate then at least to mitigate them in the very beginning. Jmployers paid their sole attention to the maintenance of machines and the improvement of the technical *now how to the utter neglect of the human hands employed to man the machines because they were readily available and could be easily replaced. or*ers were illiterate and poor and therefore unconscious of their rights. The socio'economic status of the wor*ers was far below the status of their employer. 1s such they could not exercise their free will in negotiating with the employer for employment. The employer ta*ing advantage of the poor condition of the wor*ers dictated their own terms and conditions with regard to wages, hours of wor*, leave, etc. The wor*ers were left with no choice but to accept such terms because service was the sole means of earning their livelihood.,-@. Deither the Government nor the law courts too* special notice of these problems because they laid to much emphasis on the policy of the non' interference and freedom of contract. Thus, with the lapse of time the situation turned out to be so worse and the society became so much adversely affected that the Government was compelled to ta*e some action to remedy these problems. Bltimately some philanthropic agencies li*e 4ervants of India society, social service league and some industrial social wor*ers raised their voice against these problems. They were successful in mobili+ing the public opinion in support of their view point. or*ers also started to form their own organi+ation to fight against exploitation at the hands of industrialists. In the beginning the effort of the wor*ers was not very successful because of their wea* bargaining power and lac* of resources on which they could rely for their livelihood in the absence of wages. 4ome employers also reali+ed the seriousness of the problem and the necessity of mitigating these evils for they affected the production of the industry, they felt that investment on labour welfare was a policy with pursuing because a contended wor*er would produce better yields and would increase the efficiency. The Government too later on reali+ed the gravity of the problem and could not remain a spectator for the wor*ers constituted a large section the society. (oreover, the government had to intervene to settle the disputes in the interest of national economy and the welfare of the society at large. If some *ey industry is thrown out of gear, the whole system is paralyses. 3requent brea* downs of even a part of the economic system tend to impoverish the community. The prevention of industrial strife thus assumes an important role in national policy and the 4tate, therefore, cannot afford to remain indifferent to the problems leading to industrial conflict.,-5. 1fter independence the national government paid much attention to the improvement of the conditions of labour in industry, for the prosperity of a country depends upon the development and growth of industry. Do industry can flourish unless there is industrial peace and co'operation. Industrial peace is possible only with the co'operation of labour and capital. To ensure better co'operation the wage earner who is a partner in the production should be allowed to have his due share of the profit for increased production. Therefore, we have to shape our economic policy in such a manner as to give labourer his due status by offering him reasonable wor*ing conditions and due share in production. That means social &ustice and social security has to be restored to the labourer. Iur Constitution guarantees social &ustice to the people of India. 4ocial &ustice means achievement of socio'economic ob&ectives. 6abour legislation is one of the most progressive and dynamic instruments for achieving socio'economic progress. /There is no other branch of law which embraces such a wide and effective role in social engineering and social action. It is here that the industrial law distinguishes itself from other branches of law and awaits the development of wholly different &urisprudence to explain and expound it0.,!". References Boo*s -. !. 9. :. ;. Iqbal 1hmad, Basic Labour La/s o% Bangladesh, !nd ed. $?ha*a< 3erdous Iqbal, -55#%. Dirmalendu ?har, Labour < Industrial La/s o% Bangladesh, !nd ed. $?ha*a< =emisi 7ublishers, !""#%. (d. 1bdul 2alim & (asum 4aifur =ahman, The Bangladesh Labour Code, =>>3 $?ha*a< CCB 3oundation, !"">%. (d. 1ltaf 2ossain, Bangladesh Labour Code, =>>3 /ith Co!!entar( < Case La/ $?ha*a< Nolly law Boo*Center, !"">%. 4. D. (isra, Labour < Industrial La/s, !!nd ed. $1llahabad< Central 6aw 7ublications,!""#%.

,eb pages -. !. 9. i*ipedia,,http<HHwww.en.wi*ipedia.orgHwi*iHlabourS law, accessed -# 1pril !"-".. ,http<'progress.orgH!""@Hindex!.php, accessed on !" (arch !"-".. ,http<HHwww.politiques HI(G HpdfH, accessed on -; 1pril !"-"..

,-. Dirmalendu ?har, Labour <Industrial La/s o% Bangladesh, !nd ed. $?ha*a< =emisi 7ublishers, !""#%, p.@ ,!. i*ipedia,,http<HHwww.en.wi*ipedia.orgHwi*iHlabourS law, accessed -# 1pril !"-"..

,9. Ibid. ,:. (d. 1ltaf 2ossain, Bangladesh Labour Code, =>>3 /ith Co!!entar( < Case La/ $?ha*a< Nolly law Boo*Center, !"">%, p.!. ,;. Iqbal 1hmad, Basic Labour La/s o% Bangladesh, !nd ed. $?ha*a< 3erdous Iqbal, -55#%, p.-!. ,#. (d. 1ltaf 2ossain, ibid, p.!. ,>. Iqbal 1hmad, ibid, p.-.!. ,@. Dirmalendu ?har, ibid, pp.>'5. ,5. Dirmalendu ?har, ibid, pp.>'5. ,-". Iqbal 1hmad, ibid, p.9 ,--. (d.1bdul 2alim & (asum 4aifur =ahman, The Bangladesh Labour Code,=>>3 $?ha*a< CCB 3oundation, !"">%, pp.!!'9. ,-!. ,http<'progress.orgH!""@Hindex!.php, accessed on !" (arch !"-".. ,-9. (d.1bdul 2alim & (asum 4aifur =ahman, ibid, pp.!!'9. ,-:. 4ection -"! of the Labour Code, !""#. ,-;. 4ection --@, ibid. ,-#. 4ection --#, ibid. ,->. ,http<HHwww.politiques HI(G HpdfH, accessed on -; 1pril !"-".. ,-@. 4. D. (isra, Labour < Industrial La/s, !!nd ed. $1llahabad< Central 6aw 7ublications,!""#%, pp.;'#. ,-5. (d 1bdul 2alim & (asum 4aifur =ahman, ibid, pp.!!'9 ,!". 4.D. (isra, Labour < Industrial La/s, ibid, pp.;'#.